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House File 49 - IntroducedA Bill ForAn Act 1prohibiting tenure systems at the institutions of
2higher learning governed by the state board of regents, and
3including applicability provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 262.9, Code 2021, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 39. Prohibit, at each institution of
4higher learning governed by the state board of regents,
5the establishment or continuation of a tenure system for
6any employee of the institution. Acceptable grounds for
7termination of employment of any member of the faculty
8shall include but not be limited to just cause, program
9discontinuance, and financial exigency. Each institution of
10higher learning governed by the board shall adopt a written
11statement enumerating employment agreements, annual performance
12evaluations of all faculty members, minimum standards of good
13practice, standards for review and discipline of faculty
14members, and policies with regard to dismissal for cause,
15program discontinuance, and financial exigency. The dean of
16a college at an institution governed by the state board of
17regents and the president of the institution shall employ
18faculty as necessary to carry out the academic duties and
19responsibilities of the college.
20 Sec. 2. Section 262.12, Code 2021, is amended to read as
21follows:
22262.12 Committees and administrative offices under board.
23The board of regents shall also have and exercise all
24the powers necessary and convenient for the effective
25administration of its office and of the institutions under
26its control, and to this end may create such committees,
27offices and agencies from its own members or others, and employ
28persons to staff the same, fix their compensation and tenure
29 and delegate thereto, or to the administrative officers and
30faculty of the institutions under its control, such part of the
31authority and duties vested by statute in the board, and shall
32formulate and establish such rules, outline such policies and
33prescribe such procedures therefor, all as may be desired or
34determined by the board as recorded in their minutes.
35 Sec. 3. Section 262.82, subsection 2, Code 2021, is amended
-1-1to read as follows:
22. The board of regents shall also establish a program
3to create faculty opportunities for women educators at the
4universities under the board’s control. The program shall
5include but is not limited to the creation of faculty positions
6in targeted shortage areas. The board of regents shall also
7develop and implement, in consultation with appropriate faculty
8representatives, tenure, promotion, and hiring policies that
9recognize the unique needs of faculty members who are principal
10caregivers to dependents.
11 Sec. 4. APPLICABILITY. The section of this Act amending
12section 262.9 does not apply to a faculty member who entered
13into an employment contract with an institution of higher
14learning governed by the state board of regents prior to July
151, 2021, unless such contract is renewed on or after July 1,
162021.
17EXPLANATION
18The inclusion of this explanation does not constitute agreement with
19the explanation’s substance by the members of the general assembly.
20This bill directs the state board of regents to prohibit the
21establishment or continuation of a tenure system at the regents
22universities for any employee of a regents university.
23The bill provides that acceptable grounds for termination
24of employment of any member of a regents university’s faculty
25shall include but not be limited to just cause, program
26discontinuance, and financial exigency. Each university is
27directed to adopt a written statement enumerating employment
28agreements, annual performance evaluations of all faculty
29members, minimum standards of good practice, standards for
30review and discipline of faculty members, and policies with
31regard to dismissal for cause, program discontinuance, and
32financial exigency. The bill provides that each dean of a
33college at a regents university and the president of the
34university shall employ faculty as necessary to carry out the
35academic duties and responsibilities of the college.
-2- 1The provision relating to faculty members employed by
2regents universities does not apply to a faculty member who
3entered into an employment contract with a regents university
4prior to July 1, 2021, unless such contract is renewed on or
5after July 1, 2021.
6The bill makes corresponding changes in the Code.
-3-kh/jh
2higher learning governed by the state board of regents, and
3including applicability provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 262.9, Code 2021, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 39. Prohibit, at each institution of
4higher learning governed by the state board of regents,
5the establishment or continuation of a tenure system for
6any employee of the institution. Acceptable grounds for
7termination of employment of any member of the faculty
8shall include but not be limited to just cause, program
9discontinuance, and financial exigency. Each institution of
10higher learning governed by the board shall adopt a written
11statement enumerating employment agreements, annual performance
12evaluations of all faculty members, minimum standards of good
13practice, standards for review and discipline of faculty
14members, and policies with regard to dismissal for cause,
15program discontinuance, and financial exigency. The dean of
16a college at an institution governed by the state board of
17regents and the president of the institution shall employ
18faculty as necessary to carry out the academic duties and
19responsibilities of the college.
20 Sec. 2. Section 262.12, Code 2021, is amended to read as
21follows:
22262.12 Committees and administrative offices under board.
23The board of regents shall also have and exercise all
24the powers necessary and convenient for the effective
25administration of its office and of the institutions under
26its control, and to this end may create such committees,
27offices and agencies from its own members or others, and employ
28persons to staff the same, fix their compensation and tenure
29 and delegate thereto, or to the administrative officers and
30faculty of the institutions under its control, such part of the
31authority and duties vested by statute in the board, and shall
32formulate and establish such rules, outline such policies and
33prescribe such procedures therefor, all as may be desired or
34determined by the board as recorded in their minutes.
35 Sec. 3. Section 262.82, subsection 2, Code 2021, is amended
-1-1to read as follows:
22. The board of regents shall also establish a program
3to create faculty opportunities for women educators at the
4universities under the board’s control. The program shall
5include but is not limited to the creation of faculty positions
6in targeted shortage areas. The board of regents shall also
7develop and implement, in consultation with appropriate faculty
8representatives, tenure, promotion, and hiring policies that
9recognize the unique needs of faculty members who are principal
10caregivers to dependents.
11 Sec. 4. APPLICABILITY. The section of this Act amending
12section 262.9 does not apply to a faculty member who entered
13into an employment contract with an institution of higher
14learning governed by the state board of regents prior to July
151, 2021, unless such contract is renewed on or after July 1,
162021.
17EXPLANATION
18The inclusion of this explanation does not constitute agreement with
19the explanation’s substance by the members of the general assembly.
20This bill directs the state board of regents to prohibit the
21establishment or continuation of a tenure system at the regents
22universities for any employee of a regents university.
23The bill provides that acceptable grounds for termination
24of employment of any member of a regents university’s faculty
25shall include but not be limited to just cause, program
26discontinuance, and financial exigency. Each university is
27directed to adopt a written statement enumerating employment
28agreements, annual performance evaluations of all faculty
29members, minimum standards of good practice, standards for
30review and discipline of faculty members, and policies with
31regard to dismissal for cause, program discontinuance, and
32financial exigency. The bill provides that each dean of a
33college at a regents university and the president of the
34university shall employ faculty as necessary to carry out the
35academic duties and responsibilities of the college.
-2- 1The provision relating to faculty members employed by
2regents universities does not apply to a faculty member who
3entered into an employment contract with a regents university
4prior to July 1, 2021, unless such contract is renewed on or
5after July 1, 2021.
6The bill makes corresponding changes in the Code.
-3-kh/jh