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Senate File 41 - IntroducedA Bill ForAn Act 1prohibiting tenure systems at public postsecondary
2educational institutions, and including applicability
3provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 260C.36, Code 2021, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 5. This section shall not be construed to
4authorize the board of directors of the community college to
5establish a tenure system for any employee of the community
6college.
7 Sec. 2. Section 262.9, Code 2021, is amended by adding the
8following new subsection:
9 NEW SUBSECTION. 39. Prohibit, at each institution of
10higher learning governed by the state board of regents,
11the establishment or continuation of a tenure system for
12any employee of the institution. Acceptable grounds for
13termination of employment of any member of the faculty
14shall include but not be limited to just cause, program
15discontinuance, and financial exigency. Each institution of
16higher learning governed by the board shall adopt a written
17statement enumerating employment agreements, annual performance
18evaluations of all faculty members, minimum standards of good
19practice, standards for review and discipline of faculty
20members, and policies with regard to dismissal for cause,
21program discontinuance, and financial exigency. The dean of
22a college at an institution governed by the state board of
23regents and the president of the institution shall employ
24faculty as necessary to carry out the academic duties and
25responsibilities of the college.
26 Sec. 3. Section 262.12, Code 2021, is amended to read as
27follows:
28262.12 Committees and administrative offices under board.
29The board of regents shall also have and exercise all
30the powers necessary and convenient for the effective
31administration of its office and of the institutions under
32its control, and to this end may create such committees,
33offices and agencies from its own members or others, and employ
34persons to staff the same, fix their compensation and tenure
35 and delegate thereto, or to the administrative officers and
-1-1faculty of the institutions under its control, such part of the
2authority and duties vested by statute in the board, and shall
3formulate and establish such rules, outline such policies and
4prescribe such procedures therefor, all as may be desired or
5determined by the board as recorded in their minutes.
6 Sec. 4. Section 262.82, subsection 2, Code 2021, is amended
7to read as follows:
82. The board of regents shall also establish a program
9to create faculty opportunities for women educators at the
10universities under the board’s control. The program shall
11include but is not limited to the creation of faculty positions
12in targeted shortage areas. The board of regents shall also
13develop and implement, in consultation with appropriate faculty
14representatives, tenure, promotion, and hiring policies that
15recognize the unique needs of faculty members who are principal
16caregivers to dependents.
17 Sec. 5. APPLICABILITY. The section of this Act amending
18section 262.9 does not apply to a faculty member who entered
19into an employment contract with an institution of higher
20learning governed by the state board of regents prior to July
211, 2021, unless such contract is renewed on or after July 1,
222021.
23EXPLANATION
24The inclusion of this explanation does not constitute agreement with
25the explanation’s substance by the members of the general assembly.
26This bill directs the state board of regents to prohibit
27the establishment or continuation of a tenure system at the
28regents universities for any employee of a regents university,
29and provides that the provision in the Code which authorizes
30community college administrations to establish quality faculty
31planning committees shall not be construed to authorize a
32community college to establish a tenure system for any employee
33of the community college.
34The bill provides that acceptable grounds for termination
35of employment of any member of a regents university’s faculty
-2-1shall include but not be limited to just cause, program
2discontinuance, and financial exigency. Each university is
3directed to adopt a written statement enumerating employment
4agreements, annual performance evaluations of all faculty
5members, minimum standards of good practice, standards for
6review and discipline of faculty members, and policies with
7regard to dismissal for cause, program discontinuance, and
8financial exigency. The bill provides that each dean of a
9college at a regents university and the president of the
10university shall employ faculty as necessary to carry out the
11academic duties and responsibilities of the college.
12The provision relating to faculty members employed by
13regents universities does not apply to a faculty member who
14entered into an employment contract with a regents university
15prior to July 1, 2021, unless such contract is renewed on or
16after July 1, 2021.
17The bill makes corresponding changes in the Code.
-3-kh/jh
2educational institutions, and including applicability
3provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 260C.36, Code 2021, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 5. This section shall not be construed to
4authorize the board of directors of the community college to
5establish a tenure system for any employee of the community
6college.
7 Sec. 2. Section 262.9, Code 2021, is amended by adding the
8following new subsection:
9 NEW SUBSECTION. 39. Prohibit, at each institution of
10higher learning governed by the state board of regents,
11the establishment or continuation of a tenure system for
12any employee of the institution. Acceptable grounds for
13termination of employment of any member of the faculty
14shall include but not be limited to just cause, program
15discontinuance, and financial exigency. Each institution of
16higher learning governed by the board shall adopt a written
17statement enumerating employment agreements, annual performance
18evaluations of all faculty members, minimum standards of good
19practice, standards for review and discipline of faculty
20members, and policies with regard to dismissal for cause,
21program discontinuance, and financial exigency. The dean of
22a college at an institution governed by the state board of
23regents and the president of the institution shall employ
24faculty as necessary to carry out the academic duties and
25responsibilities of the college.
26 Sec. 3. Section 262.12, Code 2021, is amended to read as
27follows:
28262.12 Committees and administrative offices under board.
29The board of regents shall also have and exercise all
30the powers necessary and convenient for the effective
31administration of its office and of the institutions under
32its control, and to this end may create such committees,
33offices and agencies from its own members or others, and employ
34persons to staff the same, fix their compensation and tenure
35 and delegate thereto, or to the administrative officers and
-1-1faculty of the institutions under its control, such part of the
2authority and duties vested by statute in the board, and shall
3formulate and establish such rules, outline such policies and
4prescribe such procedures therefor, all as may be desired or
5determined by the board as recorded in their minutes.
6 Sec. 4. Section 262.82, subsection 2, Code 2021, is amended
7to read as follows:
82. The board of regents shall also establish a program
9to create faculty opportunities for women educators at the
10universities under the board’s control. The program shall
11include but is not limited to the creation of faculty positions
12in targeted shortage areas. The board of regents shall also
13develop and implement, in consultation with appropriate faculty
14representatives, tenure, promotion, and hiring policies that
15recognize the unique needs of faculty members who are principal
16caregivers to dependents.
17 Sec. 5. APPLICABILITY. The section of this Act amending
18section 262.9 does not apply to a faculty member who entered
19into an employment contract with an institution of higher
20learning governed by the state board of regents prior to July
211, 2021, unless such contract is renewed on or after July 1,
222021.
23EXPLANATION
24The inclusion of this explanation does not constitute agreement with
25the explanation’s substance by the members of the general assembly.
26This bill directs the state board of regents to prohibit
27the establishment or continuation of a tenure system at the
28regents universities for any employee of a regents university,
29and provides that the provision in the Code which authorizes
30community college administrations to establish quality faculty
31planning committees shall not be construed to authorize a
32community college to establish a tenure system for any employee
33of the community college.
34The bill provides that acceptable grounds for termination
35of employment of any member of a regents university’s faculty
-2-1shall include but not be limited to just cause, program
2discontinuance, and financial exigency. Each university is
3directed to adopt a written statement enumerating employment
4agreements, annual performance evaluations of all faculty
5members, minimum standards of good practice, standards for
6review and discipline of faculty members, and policies with
7regard to dismissal for cause, program discontinuance, and
8financial exigency. The bill provides that each dean of a
9college at a regents university and the president of the
10university shall employ faculty as necessary to carry out the
11academic duties and responsibilities of the college.
12The provision relating to faculty members employed by
13regents universities does not apply to a faculty member who
14entered into an employment contract with a regents university
15prior to July 1, 2021, unless such contract is renewed on or
16after July 1, 2021.
17The bill makes corresponding changes in the Code.
-3-kh/jh