Bill Text: IA HF2558 | 2023-2024 | 90th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: A bill for an act relating to higher education, including by modifying the responsibilities of private institutions of higher education, community colleges, the state board of regents, and institutions of higher education governed by the state board of regents, modifying provisions related to diversity, equity, and inclusion policies, tuition, and administrator hiring at state universities, membership of the state board of regents, and student-employer work and tuition programs at state universities and community colleges, and including applicability provisions. (Formerly HF 2327.)

Spectrum: Committee Bill

Status: (Engrossed - Dead) 2024-03-11 - Subcommittee: Kraayenbrink, Quirmbach, and Rozenboom. S.J. 509. [HF2558 Detail]

Download: Iowa-2023-HF2558-Introduced.html

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House File 2558 - Introduced
HOUSE FILE 2558
BY COMMITTEE ON EDUCATION
(SUCCESSOR TO HF 2327)
A BILL FOR
An Act relating to higher education, including by modifying
the responsibilities of private institutions of higher
education, community colleges, the state board of regents,
and institutions of higher education governed by the state
board of regents, modifying provisions related to diversity,
equity, and inclusion policies, tuition, and administrator
hiring at state universities, membership of the state board
of regents, and student-employer work and tuition programs
at state universities and community colleges, and including
applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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DIVISION I
SHORT TITLE
Section 1. SHORT TITLE. This Act shall be known and may be
cited as the “Higher Education Reform Act of 2024”.
DIVISION II
COMMUNITY COLLEGES
Sec. 2. Section 260C.14, Code 2024, is amended by adding the
following new subsections:
NEW SUBSECTION . 25. On or before December 31, 2024,
establish a program that satisfies all of the following
requirements:
a. Allows students admitted to the community college to
complete the community college’s associate’s degree program
while working part-time for an employer registered under the
program.
b. Requires the student and a representative of the
student’s employer to execute an agreement that requires the
student to work part-time for the student’s employer for at
least one calendar year and that describes the rights and
responsibilities of the student and the employer under the
program.
c. Requires the student’s employer to pay all of the tuition
and mandatory fees associated with the student’s participation
in the associate’s degree program during the fall and spring
semesters.
d. Requires the student’s employer to pay the student a rate
of compensation that shall not be less than the higher of the
applicable federal or state minimum wage.
NEW SUBSECTION . 26. Adopt policies and procedures that
require the community college to accept the classic learning
test, developed by classic learning initiatives, as a means
of determining whether to admit a student to the community
college.
NEW SUBSECTION . 27. Adopt policies and procedures that
require the community college to follow state law, regardless
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of any rules or directives of any accrediting agency.
NEW SUBSECTION . 28. Adopt policies and procedures that
require the community college to authorize the president of
the community college to initiate a post-tenure review of any
employee of the community college at any time.
NEW SUBSECTION . 29. Adopt policies and procedures
that require any strategic plan adopted by the community
college to include a description of how the community college
will prioritize degree programs that lead to employment
in high-demand fields within the state. The policies and
procedures shall also require that the community college’s
current strategic plan be revised to include a description of
how the community college will prioritize degree programs that
lead to employment in high-demand fields within the state.
NEW SUBSECTION . 30. Adopt policies and procedures that
prohibit any faculty senate committee or subcommittee from
having any governance authority over the community college.
The policies and procedures shall provide that the scope of
authority of a faculty senate committee or subcommittee is
limited to an advisory role.
DIVISION III
STATE BOARD OF REGENTS
Sec. 3. Section 262.1, Code 2024, is amended to read as
follows:
262.1 Membership.
1. The state board of regents consists of nine voting
members, eight of whom shall be selected from the state at
large solely with regard to their qualifications and fitness
to discharge the duties of the office. The ninth member shall
be a student enrolled on a full-time basis in good standing
at either the graduate or undergraduate level at one of the
institutions listed in section 262.7, subsection 1, 2, or 3 ,
at the time of the member’s appointment. Not more than five
members shall be of the same political party.
2. In addition to the nine voting members, the membership
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of the state board of regents shall include two ex officio,
nonvoting members of the general assembly, with one member
designated by the majority leader of the senate and one member
designated by the speaker of the house of representatives. A
legislative member serves for a term as provided in section
69.16B.
Sec. 4. Section 262.2, Code 2024, is amended to read as
follows:
262.2 Appointment —— term of office.
The voting members shall be appointed by the governor
subject to confirmation by the senate. Prior to appointing
the ninth member as specified in section 262.1 , subsection 1,
the governor shall consult with the appropriate student body
government at the institution at which the proposed appointee
is enrolled. The term of each voting member of the board shall
be for six four years, unless the ninth member, appointed in
accordance with section 262.1 , subsection 1, graduates or
is no longer enrolled at an institution of higher education
under the board’s control, at which time the term of the
ninth member shall expire one year from the date on which the
member graduates or is no longer enrolled in an institution
of higher education under the board’s control. However, if
within that year the ninth member reenrolls in any institution
of higher education under the board’s control on a full-time
basis and is a student in good standing at either the graduate
or undergraduate level, the term of the ninth member shall
continue in effect. The terms of three the voting members of
the board shall be staggered and shall begin and expire in each
odd-numbered year as provided in section 69.19.
Sec. 5. Section 262.4, Code 2024, is amended to read as
follows:
262.4 Removals.
The governor, with the approval of a majority of the senate
during a session of the general assembly, may remove any voting
member of the board for malfeasance in office, or for any cause
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which would render the voting member ineligible for appointment
or incapable or unfit to discharge the duties of office, and
the voting member’s removal, when so made, shall be final.
Sec. 6. Section 262.5, Code 2024, is amended to read as
follows:
262.5 Suspension.
When the general assembly is not in session, the governor
may suspend any voting member so disqualified and shall appoint
another to fill the vacancy thus created, subject to the
approval of the senate when next in session.
Sec. 7. Section 262.6, Code 2024, is amended to read as
follows:
262.6 Vacancies.
Vacancies shall be filled in the same manner in which
regular appointments are required to be made. If the ninth
voting member resigns prior to the expiration of the term,
the individual appointed to fill the vacancy shall meet the
requirements for the ninth voting member specified in section
262.1 , subsection 1 . Other vacancies in the voting members
occurring prior to the expiration of the ninth voting member’s
term shall be filled in the same manner as the original
appointments for those vacancies.
Sec. 8. Section 262.8, Code 2024, is amended to read as
follows:
262.8 Meetings.
The board shall meet four times a year. Special meetings
may be called by the board, by the president of the board, or
by the executive director of the board upon written request of
any five voting members thereof.
Sec. 9. APPLICABILITY. The following applies to members of
the state board of regents appointed by the governor, and not
yet confirmed by the senate, on or after the effective date of
this division of this Act:
The section of this division of this Act amending section
262.2.
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DIVISION IV
INSTITUTIONS OF HIGHER EDUCATION GOVERNED BY THE STATE BOARD
OF REGENTS
Sec. 10. Section 262.9, subsections 2 and 22, Code 2024, are
amended to read as follows:
2. a. Elect a president of each of the institutions of
higher learning; a treasurer and a secretarial officer for each
institution annually; professors, instructors, officers, and
employees; and fix their compensation.
b. (1) When electing a president of an institution of
higher learning, the board shall use a presidential selection
committee that shall provide the board with recommendations
related to the best candidate for the position. The board
shall not elect a president of an institution of higher
learning unless the presidential selection committee
recommended the election of the president to the board.
(2) Only members of the board shall serve as members of the
presidential selection committee.
(3) In carrying out its duties under this paragraph, the
presidential selection committee may do any of the following:
(a) Contract for and use the services of any person engaged
in the business of placing highly qualified job candidates in
leadership positions.
(b) Use moneys allocated to the committee by the board.
(4) The identity of a candidate for president of an
institution of higher learning being considered by the
presidential selection committee shall be confidential and
shall not be a public record subject to disclosure under
chapter 22.
22. a. Develop a policy and adopt rules relating to the
establishment of tuition rates which provide a predictable
basis for assessing and anticipating changes in tuition rates.
b. The rules shall provide that an institution of higher
education under the board’s control shall not increase the
total amount of resident tuition and mandatory fees associated
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with the baccalaureate program by more than three percent of
the total amount of tuition and mandatory fees the institution
charged residents during the immediately preceding academic
year unless approved by the legislative council.
Sec. 11. Section 262.9, Code 2024, is amended by adding the
following new subsections:
NEW SUBSECTION . 39. a. Direct the institutions of higher
education under its control to adopt policies and procedures
that prohibit the institution from hiring any new employee to
serve as an administrator unless the board approves the hiring
of the new employee.
b. The policies and procedures adopted pursuant to paragraph
“a” shall not prohibit an institution of higher education under
the control of the state board of regents from filling an open
administrator position with an administrator who is currently
employed by the institution of higher education.
c. For purposes of this subsection, “administrator” means an
employee who serves in the role of provost, vice president, or
otherwise directly reports to the president of the institution
of higher education. “Administrator” does not include the
president of the institution of higher education.
NEW SUBSECTION . 40. Direct the institutions of higher
education under its control to establish, on or before December
31, 2024, a program at each institution that satisfies all of
the following requirements:
a. Allows students admitted to the baccalaureate degree
program at the institution to complete the baccalaureate degree
program while working part-time for an employer registered
under the program.
b. Requires the student and a representative of the
student’s employer to execute an agreement that requires the
student to work part-time for the student’s employer for at
least one calendar year and that describes the rights and
responsibilities of the student and the employer under the
program.
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c. Requires the student’s employer to pay all of the tuition
and mandatory fees associated with the student’s participation
in the baccalaureate degree program during the fall and spring
semesters.
d. Requires the student’s employer to pay the student a rate
of compensation that shall not be less than the higher of the
applicable federal or state minimum wage.
NEW SUBSECTION . 41. Direct the institutions of higher
education under its control to structure university-wide
diversity, equity, and inclusion offices to eliminate any
diversity, equity, and inclusion function that is not necessary
for compliance with federal or state laws or accreditation.
The institutions of higher education shall make the support
services that were provided by such offices broadly available
to all students and employees, subject to applicable federal
and state eligibility requirements.
NEW SUBSECTION . 42. Direct the institutions of higher
education under its control to regularly do all of the
following:
a. Review the services provided by offices that support
diversity or multicultural affairs in other divisions of the
institution to ensure that such services are available to all
students, subject to applicable federal or state eligibility
requirements.
b. Update promotional and informational materials and
internet sites to clarify that the mission of offices that
support diversity or multicultural affairs in other divisions
of the institution is to support success broadly.
NEW SUBSECTION . 43. Direct the institutions of higher
education under its control to take reasonable steps to assure
all of the following:
a. That an employee, student, applicant, or campus visitor
is not required to submit a diversity, equity, and inclusion
statement, or be evaluated based on participation in a
diversity, equity, and inclusion initiative, unless required
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for compliance or accreditation related to diversity, equity,
and inclusion.
b. That an employee, student, applicant, or campus visitor
is not compelled to disclose the employee’s, student’s,
applicant’s, or campus visitor’s preferred pronouns.
NEW SUBSECTION . 44. Develop a policy that each
institution of higher education under the control of the board
shall approve, institute, and enforce, that prohibits the
consideration of race and other protected class characteristics
during the admissions process that is consistent with current
federal and state law.
NEW SUBSECTION . 45. Develop a policy that each institution
of higher education under the control of the board shall
approve, institute, and enforce, that contains guidance for
employees of each institution related to the separation of
personal political advocacy from the employee’s job duties and
the business of the institution.
NEW SUBSECTION . 46. Direct the institutions of higher
education under its control to adopt policies and procedures
to advance the diversity of intellectual and philosophical
perspectives in faculty and staff applicant pools.
NEW SUBSECTION . 47. Provide an annual notice to the
institutions of higher education under its control concerning
the board’s policy related to institution statements on matters
of public concern.
NEW SUBSECTION . 48. Require the institutions of higher
education under its control to accept the classic learning
test, developed by classic learning initiatives, as a means of
determining whether to admit a student to the baccalaureate
program offered by the institution.
NEW SUBSECTION . 49. Direct the institutions of higher
education under its control to follow state law, regardless of
any rules or directives of any accrediting agency.
NEW SUBSECTION . 50. a. Direct the institutions of higher
education under its control to adopt policies that require
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all undergraduate students admitted on or after the 2024-2025
academic year to complete a three-credit-hour course devoted to
American history and civics prior to graduation.
b. Direct the institutions of higher education under its
control to develop the curriculum and materials related to the
American history and civics course, subject to the approval
of the board. The curriculum shall focus on the founding of
the United States and shall emphasize the federalist papers,
the United States Constitution, and the three branches of
government.
NEW SUBSECTION . 51. Direct the institutions of higher
education under its control to adopt policies that authorize
the president of the institution to initiate a post-tenure
review of any employee of the institution at any time.
NEW SUBSECTION . 52. Direct the institutions of higher
education under its control to adopt policies that require
any strategic plan adopted by the institution to include a
description of how the institution will prioritize degree
programs that lead to employment in high-demand fields within
the state. The policies and procedures shall also require that
the institution’s current strategic plan be revised to include
a description of how the institution will prioritize degree
programs that lead to employment in high-demand fields within
the state.
NEW SUBSECTION . 53. Prohibit the institutions of higher
education under its control from allowing any Confucius
institute, or any other educational institute funded in whole
or in part by the People’s Republic of China, to be located on
any property owned by the institution of higher education.
NEW SUBSECTION . 54. Direct the institutions of higher
education under its control to adopt policies and procedures
that prohibit any faculty senate committee or subcommittee
from having any governance authority over the institution of
higher education. The policies and procedures shall provide
that the scope of authority of a faculty senate committee or
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subcommittee is limited to an advisory role.
NEW SUBSECTION . 55. In a timely manner, respond to and
fulfill any request for information submitted to the board by a
member of the general assembly or the governor.
Sec. 12. INSTITUTIONS OF HIGHER EDUCATION GOVERNED BY THE
STATE BOARD OF REGENTS —— REQUIRED REVIEWS.
1. On or before December 31, 2024, each institution of
higher education governed by the state board of regents shall
do all of the following:
a. Review all college, department, and unit-level
diversity, equity, and inclusion positions to determine whether
diversity, equity, and inclusion-specific job responsibilities
are necessary for compliance with federal or state law,
accreditation, or for the provision of student or employee
support services.
b. Adjust or eliminate any diversity, equity, and inclusion
position that is not necessary for those purposes described in
paragraph “a”.
c. Review all employee position names and working titles to
ensure that the position names and working titles appropriately
reflect the employee’s responsibilities.
2. Each institution of higher education governed by the
state board of regents shall initiate and conduct a review of
general education categories related to diversity, equity, and
inclusion and update such categories to accurately reflect the
array of options students may select in order to satisfy the
requirements associated with such categories and to ensure a
breadth of offerings.
Sec. 13. INSTITUTIONS OF HIGHER EDUCATION GOVERNED BY THE
STATE BOARD OF REGENTS —— REQUIRED DEVELOPMENT OF NEW ACADEMIC
PROGRAM. Prior to the November 2024 meeting of the state board
of regents, each institution of higher education governed by
the state board of regents shall develop and submit to the
state board of regents, the general assembly, and the governor,
a proposed baccalaureate degree program that requires a student
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to complete no more than ninety semester hours of classroom
work.
Sec. 14. COMPREHENSIVE STUDY —— REDUCTION OF COSTS. Each
institution of higher education governed by the state board of
regents shall do all of the following:
1. Conduct a comprehensive study related to how to reduce
costs, maintain close to current levels of tuition and
mandatory fees, and maintain noninstructional costs below ten
percent of the institution’s annual budget.
2. Prior to the November 2024 meeting of the state board
of regents, each institution of higher education governed by
the state board of regents shall develop and submit to the
state board of regents, the general assembly, and the governor
a report detailing the results of the comprehensive study
described in subsection 1.
Sec. 15. TUITION AND MANDATORY FEES.
1. The rules adopted by the state board of regents
pursuant to section 262.9, subsection 22, shall provide
that the amount of tuition and mandatory fees charged by an
institution of higher education under the board’s control to
an undergraduate student who began the undergraduate program
during the 2024-2025 academic year shall not increase during
the student’s first four full academic years of participation
in the undergraduate program.
2. Subsection 1 shall not prohibit an institution of higher
education under the board’s control from increasing the amount
of tuition and mandatory fees charged to an undergraduate
student who began the undergraduate program during the
2024-2025 academic year, consistent with section 262.9,
subsection 22, paragraph “b”, as amended by this division
of this Act, after the student’s first two full academic
years of participation in the undergraduate program, if the
undergraduate student had attained at least thirty semester
hours of undergraduate credit, but less than sixty semester
hours of undergraduate credit, on or before the student’s date
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of admission.
3. Subsection 1 shall not prohibit an institution of
higher education under the board’s control from increasing
the amount of tuition and mandatory fees charged to an
undergraduate student who began the undergraduate program
during the 2024-2025 academic year, consistent with section
262.9, subsection 22, paragraph “b”, as amended by this
division of this Act, after the student’s first full academic
year of participation in the undergraduate program, if the
undergraduate student had attained at least sixty semester
hours of undergraduate credit on or before the student’s date
of admission.
Sec. 16. INSTITUTIONS OF HIGHER EDUCATION GOVERNED BY
THE STATE BOARD OF REGENTS —— EDUCATION AND RESEARCH ON FREE
SPEECH AND CIVIC EDUCATION PROPOSAL. Prior to the November
2024 meeting of the state board of regents, each institution
of higher education governed by the state board of regents
shall develop and submit to the state board of regents, the
general assembly, and the governor, a proposal related to the
establishment of a center, institute, or initiative that is
dedicated to expanding opportunities for education and research
concerning freedom of speech and civic education.
DIVISION V
CLOSURE OF PRIVATE INSTITUTIONS OF HIGHER EDUCATION
Sec. 17. NEW SECTION . 261J.1 Closure of private
institutions of higher education.
1. An accredited private institution shall provide notice
to the department of education immediately upon a vote of the
accredited private institution’s governing board to close the
institution.
2. Within three days after providing notice under
subsection 1, an accredited private institution shall
provide the department of education with copies of all of the
following:
a. Teachout plan.
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b. The notice to faculty, staff, and students that the
institution will close.
c. Plans to coordinate alternative program options.
d. A comprehensive list of students with contact information
and information related to each student’s current status at the
institution as of the date the institution will close.
e. The institution’s plan to provide transitional support.
f. The institution’s transcript retention plan.
g. The process and contact person for student concerns,
complaints, and questions related to the closure of the
institution, both before and after the institution closes.
3. For purposes of this section, “accredited private
institution” means the same as defined in section 256.183.
DIVISION VI
INSTITUTIONS OF HIGHER EDUCATION GOVERNED BY THE STATE BOARD
OF REGENTS AND COMMUNITY COLLEGES —— COORDINATION OF ACADEMIC
PROGRAMS
Sec. 18. NEW SECTION . 261K.1 Coordination of academic
programs.
The members of the state board of regents, the presidents and
provosts of each institution of higher learning governed by the
state board of regents, the chancellors and presidents of each
community college, and the president of the board of directors
of each community college shall meet annually to discuss the
coordination of academic programs in order to increase student
outcomes and efficiencies for the state.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
This bill relates to higher education, including by
modifying the responsibilities of private institutions of
higher education, community colleges, the state board of
regents, and institutions of higher education governed by
the state board of regents, modifying provisions related
to diversity, equity, and inclusion policies, tuition, and
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administrator hiring at state universities, membership of the
state board of regents, and student-employer work and tuition
programs at state universities and community colleges.
DIVISION I —— SHORT TITLE. The bill shall be known and may
be cited as the “Higher Education Reform Act of 2024”.
DIVISION II —— COMMUNITY COLLEGES. The bill makes several
modifications to Code section 260C.14 (authority of boards
of directors of community colleges) to require the board of
directors of each community college to take certain actions,
including actions related to the establishment of a program
that allows students to complete an associate’s degree while
working part-time for an employer registered under the program,
the acceptance of certain admissions tests, and the adoption
of policies related to post-tenure reviews. The bill also
requires the board of directors of each community college to
adopt policies that prohibit any faculty or senate committee
or subcommittee from having any governance authority over the
community college.
DIVISION III —— STATE BOARD OF REGENTS. Current law provides
that the state board of regents consists of nine members,
all of whom are appointed by the governor and subject to
confirmation by the senate. The bill adds two legislative
members to the state board of regents, one who is appointed
by the speaker of the house of representatives and one who is
appointed by the president of the senate. The bill provides
that the legislative members serve as ex officio, nonvoting
members. The bill makes conforming changes.
Current law provides that the term of each member of the
state board of regents is six years. The bill modifies this
provision to provide that the term of each member of the
state board of regents who is appointed by the governor, and
subject to confirmation by the senate, is four years. The
bill provides that this modification applies to members of the
state board of regents appointed by the governor, and not yet
confirmed by the senate, on or after the effective date of the
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bill.
DIVISION IV —— INSTITUTIONS OF HIGHER EDUCATION GOVERNED BY
THE STATE BOARD OF REGENTS. Current law requires the state
board of regents to elect a president of each institution
of higher learning. The bill provides that, when electing
the president, the state board of regents shall utilize a
presidential selection committee that is required to provide
the board with recommendations related to the best candidate
for the position. The bill prohibits the state board of
regents from electing a president unless the presidential
selection committee recommended the election of the president.
The bill establishes that only members of the state board of
regents shall serve as members of the presidential selection
committee. The bill authorizes the presidential selection
committee to utilize the services of any person engaged
in the business of placing highly qualified job candidates
in leadership positions and to use moneys allocated to
the committee by the state board of regents. The bill
establishes that the identity of a candidate for president
of an institution of higher learning being considered by the
presidential selection committee shall be confidential and
shall not be a public record subject to disclosure.
Current law requires the state board of regents to develop
a policy and adopt rules relating to the establishment of
tuition rates. The bill requires these rules to provide that
an institution of higher education shall not increase the total
amount of resident tuition and mandatory fees associated with
the baccalaureate program by more than 3 percent of the total
amount of tuition and mandatory fees the institution charged
to residents during the immediately preceding academic year
unless approved by the legislative council. The bill also
provides that these rules shall prohibit institutions of higher
education from increasing the total amount of tuition and
mandatory fees charged to an undergraduate student who began
the undergraduate program during the 2024-2025 academic year
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during the student’s first four full academic years, subject to
certain limitations that apply to transfer students.
The bill makes several modifications to the duties of
the state board of regents, including but not limited to
modifications related to the hiring of administrators, the
establishment of a program that allows students to complete a
baccalaureate degree while working part-time for an employer
registered under the program; the elimination of diversity,
equity, and inclusion functions; the development of admissions
policies; the development of employment policies; the addition
of required courses for undergraduate students; the adoption
of policies related to post-tenure review; the prohibition of
Confucius institutes; and the review of efforts and positions
related to diversity, equity, and inclusion.
The bill requires each institution of higher education
to develop and submit to the state board of regents, the
general assembly, and the governor, prior to the November 2024
meeting of the state board of regents, a proposed baccalaureate
degree program that requires no more than 90 semester hours
of classroom work, a report detailing the results of a
comprehensive study related to the reduction of costs and
how to maintain levels of tuition and mandatory fees, and a
proposal related to the establishment of a center that is
dedicated to expanding opportunities for education and research
concerning freedom of speech and civic education.
DIVISION V —— CLOSURE OF PRIVATE INSTITUTIONS OF HIGHER
EDUCATION. The bill requires accredited private institutions,
as defined in Code section 256.183 (Iowa tuition grants
program), to provide notice to the department of education
immediately upon a vote of the institution’s governing board to
close. The bill also requires accredited private institutions
to provide the department of education with copies of certain
specified documents within three days after providing such
notice.
DIVISION VI —— INSTITUTIONS OF HIGHER EDUCATION GOVERNED
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BY THE STATE BOARD OF REGENTS AND COMMUNITY COLLEGES ——
COORDINATION OF ACADEMIC PROGRAMS. The bill requires the
members of the state board of regents, the presidents and
provosts of each institution of higher education governed by
the state board of regents, the chancellors and presidents
of each community college, and the president of the board
of directors of each community college to meet annually to
coordinate academic programs in order to increase student
outcomes and efficiencies for the state.
-17-
LSB 5335HV (2) 90
jda/jh 17/ 17