Senate File 437 - IntroducedA Bill ForAn Act 1relating to tenure systems, including modifying
2provisions related to tenure systems adopted by institutions
3of higher education governed by the state board of regents
4and implementing standards for community college tenure
5systems.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  Section 260C.36, Code 2023, is amended by adding
2the following new subsection:
3   NEW SUBSECTION.  5.  The board of directors of a community
4college shall not establish a tenure system for any employee
5of the community college unless the tenure system requires
6the employee to participate in a post-tenure review process
7at least once every three years after the award of tenure to
8assess the employee’s performance.
9   Sec. 2.  Section 262.9, Code 2023, is amended by adding the
10following new subsection:
11   NEW SUBSECTION.  39.  Prohibit, at each institution of
12higher education governed by the state board of regents, the
13establishment or continuation of a tenure system for any
14employee of the institution unless the tenure system requires
15the employee to participate in a post-tenure review process
16at least once every three years after the award of tenure to
17assess the employee’s performance.
18   Sec. 3.  Section 262.12, Code 2023, is amended to read as
19follows:
   20262.12  Committees and administrative offices under board.
   21The board of regents shall also have and exercise all
22the powers necessary and convenient for the effective
23administration of its office and of the institutions under
24its control, and to this end may create such committees,
25offices and agencies from its own members or others, and employ
26persons to staff the same, fix their compensation and, subject
27to section 262.9, subsection 39, their
tenure, and delegate
28thereto, or to the administrative officers and faculty of the
29institutions under its control, such part of the authority and
30duties vested by statute in the board, and shall formulate and
31establish such rules, outline such policies and prescribe such
32procedures therefor, all as may be desired or determined by the
33board as recorded in their minutes.
34   Sec. 4.  Section 262.82, subsection 2, Code 2023, is amended
35to read as follows:
-1-   12.  The board of regents shall also establish a program
2to create faculty opportunities for women educators at the
3universities under the board’s control. The program shall
4include but is not limited to the creation of faculty positions
5in targeted shortage areas. The Subject to section 262.9,
6subsection 39, the
board of regents shall also develop
7and 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.
11EXPLANATION
12The inclusion of this explanation does not constitute agreement with
13the explanation’s substance by the members of the general assembly.
   14This bill relates to tenure systems, including modifying
15provisions related to tenure systems adopted by institutions
16of higher education governed by the state board of regents
17and implementing standards to govern community college tenure
18systems if such systems are adopted by community colleges.
   19The bill prohibits the board of directors of a community
20college and institutions of higher education governed by the
21state board of regents from establishing or continuing a tenure
22system for any employee of the community college or institution
23unless the tenure system requires the employee to participate
24in a post-tenure review process at least once every three years
25after the award of tenure to assess the employee’s performance.
26The bill makes conforming changes.
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