§ 260C.14 — Authority of directors

Iowa § 260C.14

• Jurisdiction: Iowa
• Title VII: EDUCATION, HISTORY, AND CULTURE
• Ch. 260C: COMMUNITY COLLEGES

Text

The board of directors of each community college shall:
1. Determine the curriculum to be offered in such school or college subject to
approval of the director and ensure that all career and technical education offerings are
competency-based, provide any minimum competencies required by the department of
education, comply with any applicable requirements in chapter 256, subchapter VII, part 2,
and are articulated with local school district career and technical education programs. If an
existing private educational institution or an existing vocational institution offering a career
and technical education program within the merged area has facilities and curriculum of
adequate size and quality which would duplicate the functions of the area school, the board
of directors shall discuss with the institution the possibility of entering into contracts to
have the existing institution offer facilities and curriculum to students of the merged area.
The board of directors shall consider any proposals submitted by the private institution
for providing such facilities and curriculum. The board of directors may enter into such
contracts. In approving curriculum, the director shall ascertain that all courses and programs
submitted for approval are needed and that the curriculum being offered by an area school
does not duplicate programs provided by existing public or private facilities in the area.
7 COMMUNITY COLLEGES, §260C.14
In determining whether duplication would actually exist, the director shall consider the
needs of the area and consider whether the proposed programs are competitive as to size,
quality, tuition, purposes, and area coverage with existing public and private educational or
vocational institutions within the merged area. If the board of directors of the merged area
chooses not to enter into contracts with private institutions under this subsection, the board
shall submit a list of reasons why contracts to avoid duplication were not entered into and
an economic impact statement relating to the board’s decision.
2. Have authority to determine tuition rates for instruction. Tuition for residents of
Iowa shall not exceed the lowest tuition rate per semester, or the equivalent, charged by
an institution of higher education under the state board of regents for a full-time resident
student. However, except for students enrolled under section 261E.6, if a local school district
pays tuition for a resident pupil of high school age, the limitation on tuition for residents of
Iowa shall not apply, the amount of tuition shall be determined by the board of directors of
the community college with the consent of the local school board, and the pupil shall not
be included in the full-time equivalent enrollment of the community college for the purpose
of computing general aid to the community college. Tuition for nonresidents of Iowa shall
not be less than the marginal cost of instruction of a student attending the college. A lower
tuition for nonresidents may be permitted under a reciprocal tuition agreement between a
merged area and an educational institution in another state, if the agreement is approved by
the director. The board may designate that a portion of the tuition moneys collected from
students be used for student aid purposes.
3. Havethepowersanddutieswithrespecttocommunitycolleges,nototherwiseprovided
inthischapter,whichareprescribedforboardsofdirectorsoflocalschooldistrictsbychapter
279 except that the board of directors is not required to prohibit the use of tobacco and the
use or possession of alcoholic liquor or beer by any student of legal age under the provisions
of section 279.9.
4. Have the power to enter into contracts and take other necessary action to insure a
sufficient curriculum and efficient operation and management of the college and maintain
and protect the physical plant, equipment, and other property of the college.
5. Establish policy and make rules, not inconsistent with law and administrative
rules, regulations, and policies of the state board, for its own government and that of the
administrative, teaching, and other personnel, and the students of the college, and aid in the
enforcement of such laws, rules, and regulations.
6. Have authority to sell a student-constructed building and the property on which the
student-constructed building is located or any article resulting from any career and technical
education program or course offered at a community college by any procedure which may
be adopted by the board. Governmental agencies and governmental subdivisions of the state
withinthemergedareasshallbegivenpreferenceinthepurchaseofsucharticles. Allrevenue
received from the sale of any article shall be credited to the funds of the board of the merged
area.
7. Withtheconsentoftheinventor, andinthediscretionoftheboard, secureletterspatent
or copyright on inventions of students, instructors, and officials of any community college
of the merged area, or take assignment of such letters patent or copyright and make all
necessary expenditures in regard thereto. Letters patent or copyright on inventions when so
secured shall be the property of the board of the merged area and the royalties and earnings
thereon shall be credited to the funds of the board.
8. Set the salary of the area superintendent. In setting the salary, the board shall
consider the salaries of administrators of educational institutions in the merged area and the
enrollment of the community college.
9. a. The board may establish a plan, in accordance with section 403(b) of the Internal
Revenue Code, as defined in section 422.3, for employees, which plan shall consist of one or
more investment contracts, on a group or individual basis, acquired from a company, or a
salesperson for that company, that is authorized to do business in this state.
b. The selection of investment contracts to be included within the plan established by
the board shall be made either pursuant to a competitive bidding process conducted by
the board, in coordination with employee organizations representing employees eligible to
§260C.14, COMMUNITY COLLEGES 8
participate in the plan, or pursuant to an agreement with the department of administrative
services to make available investment contracts included in a deferred compensation or
similar plan established by the department pursuant to section 8A.438, which plan meets
the requirements of this subsection. The determination of whether to select investment
contracts for the plan pursuant to a competitive bidding process or by agreement with the
department of administrative services shall be made by agreement between the board and
the employee organizations representing employees eligible to participate in the plan.
c. The board may make elective deferrals in accordance with the plan as authorized by an
eligible employee for the purpose of making contributions to an investment contract in the
plan on behalf of the employee. The deferrals shall be made in the manner which will qualify
contributions to the investment contract for the benefits under section 403(b) of the Internal
Revenue Code, as defined in section 422.3. In addition, the board may make nonelective
employer contributions to the plan.
d. Asusedinthissubsection, unlessthecontextotherwiserequires, “investmentcontract”
shall mean a custodial account utilizing mutual funds or an annuity contract which meets the
requirements of section 403(b) of the Internal Revenue Code, as defined in section 422.3.
10. Make necessary rules to provide for the policing, control, and regulation of traffic and
parking of vehicles and bicycles on the property of the community college.
a. The rules may provide for the use of institutional roads, driveways, and grounds;
registration of vehicles and bicycles; the designation of parking areas; the erection
and maintenance of signs designating prohibitions or restrictions; the installation
and maintenance of parking control devices except parking meters; and assessment,
enforcement, and collection of reasonable penalties for the violation of the rules.
b. Rules made under this subsection may be enforced under procedures adopted by the
board of directors. Penalties may be imposed upon students, faculty, and staff for violation
of the rules, including but not limited to a reasonable monetary penalty which may be
deducted from student deposits and faculty or staff salaries or other funds in possession
of the community college or added to student tuition bills. The rules made under this
subsection may also be enforced by the impoundment of vehicles and bicycles parked in
violation of the rules, and a reasonable fee may be charged for the cost of impoundment and
storage prior to the release of the vehicle or bicycle to the owner. Each community college
shall establish procedures for the determination of controversies in connection with the
imposition of penalties. The procedures shall require giving notice of the violation and the
penalty prescribed and providing the opportunity for an administrative hearing.
11. Be authorized to issue to employees of community colleges school credit cards to use
for payment of authorized expenditures incurred in the performance of work-related duties.
12. DuringthesecondweekofAugustofeachyear, publishbyoneinsertioninatleastone
newspaper published in the merged area a summarized statement verified by affidavit of the
secretary of the board showing the receipts and disbursements of all funds of the community
college for the preceding fiscal year. The statement of disbursements shall show the names
of the persons, firms, or corporations, and the total amount paid to each during the fiscal
year. The board is not required to make the publications and notices required under sections
279.35 and 279.36.
13. Adopt policies and procedures for the use of telecommunications as an instructional
tool at the community college. The policies and procedures shall include but not be
limited to policies and procedures relating to programs, educational policy, practices, staff
development, use of pilot projects, and the instructional application of the technology.
14. a. In its discretion, adopt rules relating to the classification of students enrolled in the
community college who are residents of Iowa’s sister states as residents or nonresidents for
tuition and fee purposes.
b. (1) Adopt rules to classify as residents for purposes of tuition and mandatory fees,
qualified veterans and qualified military persons and their spouses and dependent children
who are domiciled in this state while enrolled in a community college. A spouse or dependent
child of a military person or veteran shall not be deemed a resident under this paragraph
“b” unless the qualified military person or qualified veteran meets the requirements of
subparagraph (2), subparagraph division (b) or (c), as appropriate.
9 COMMUNITY COLLEGES, §260C.14
(2) For purposes of this paragraph “b”, unless the context otherwise requires:
(a) “Dependent child” means a student who was claimed by a qualified military person
or qualified veteran as a dependent on the qualified military person’s or qualified veteran’s
internal revenue service tax filing for the previous tax year.
(b) “Qualified military person” means a person on active duty in the military service
of the United States who is stationed in this state or at the Rock Island arsenal. If the
qualified military person is transferred, deployed, or restationed while the person’s spouse
or dependent child is enrolled in the community college, the spouse or dependent child shall
continue to be classified as a resident provided the spouse or dependent child maintains
continuous enrollment.
(c) “Qualified veteran” means a person who meets the following requirements:
(i) Is eligible for benefits, or has exhausted the benefits, under the federal Post-9/11
Veterans Educational Assistance Act of 2008.
(ii) Is domiciled in this state, or has resided in this state for at least one year or sufficient
time to have filed an Iowa tax return in the preceding twelve months.
15. By July 1, 1991, develop a policy which requires oral communication competence
of persons who provide instruction to students attending institutions under the control of
the board. The policy shall include a student evaluation mechanism which requires student
evaluation of persons providing instruction on at least an annual basis.
16. By July 1, 1991, develop a policy relating to the teaching proficiency of teaching
assistants which provides a teaching proficiency standard, instructional assistance to, and
evaluation of persons who provide instruction to students at the higher education institutions
under the control of the board.
17. a. Provide for eligible alternative retirement benefits systems which shall be limited
to the following:
(1) An alternative retirement benefits system which is issued by or through a nonprofit
corporation issuing retirement annuities exclusively to educational institutions and their
employees for persons newly employed after July 1, 1990, and for persons employed by the
community college who are members of the Iowa public employees’ retirement system on
July 1, 1994, and who elect coverage under that system pursuant to section 97B.42, in lieu of
coverage under the Iowa public employees’ retirement system.
(2) An alternative retirement benefits system which is issued by or through an insurance
company authorized to issue annuity contracts in this state, for persons newly employed on
or after July 1, 1997, who are already members of the alternative retirement benefits system
and who elect coverage under that system pursuant to section 97B.42, in lieu of coverage
under the Iowa public employees’ retirement system.
(3) An alternative retirement benefits system offered through the community college,
at the discretion of the board of directors of the community college, pursuant to this
subparagraph which is issued by or through an insurance company authorized to issue
annuity contracts in this state, for persons newly employed by that community college on
or after July 1, 1998, who are not members of the alternative retirement benefits system
and who elect coverage under that system pursuant to section 97B.42, in lieu of coverage
under the Iowa public employees’ retirement system. The board of directors of a community
college may limit the number of providers of alternative retirement benefits systems offered
pursuant to this subparagraph to no more than six. The selection by the board of directors
of a community college of a provider of an alternative retirement benefits system pursuant
to this subparagraph shall not constitute an endorsement of that provider by the community
college.
b. However, the employer’s annual contribution in dollars under an eligible alternative
retirement benefits system described in this subsection shall not exceed the annual
contribution in dollars which the employer would contribute if the employee had elected to
remain an active member pursuant to the Iowa public employees’ retirement system, as set
forth in section 97B.11.
c. For purposes of this subsection, “alternative retirement benefits system” means an
employer-sponsored primary pension plan requiring mandatory employer contributions that
meets the requirements of section 401(a), 403(a), or 403(b) of the Internal Revenue Code.
§260C.14, COMMUNITY COLLEGES 10
18. Develop and implement a written policy, which is disseminated during student
registration or orientation, addressing the following four areas relating to sexual abuse:
a. Counseling.
b. Campus security.
c. Education, including prevention, protection, and the rights and duties of students and
employees of the community college.
d. Facilitating the accurate and prompt reporting of sexual abuse to the duly constituted
law enforcement authorities.
19. Provide, within a reasonable time, information as requested by the departments of
management and education.
20. Adoptapolicytooffernotlessthanthefollowingoptionstoastudentwhoisamember,
or the spouse of a member if the member has a dependent child as defined in subsection 14,
paragraph “b”, subparagraph (2), subparagraph division (a), of the Iowa national guard or
reserve forces of the United States and who is ordered to national guard duty or federal active
duty:
a. Withdraw from the student’s entire registration and receive a full refund of tuition and
mandatory fees.
b. Makearrangementswiththestudent’sinstructorsforcoursegrades, orforincompletes
that shall be completed by the student at a later date. If such arrangements are made, the
student’s registration shall remain intact and tuition and mandatory fees shall be assessed
for the courses in full.
c. Make arrangements with only some of the student’s instructors for course grades, or
for incompletes that shall be completed by the student at a later date. If such arrangements
are made, the registration for those courses shall remain intact and tuition and mandatory
fees shall be assessed for those courses. Any course for which arrangements cannot be made
for grades or incompletes shall be considered dropped and the tuition and mandatory fees
for the course refunded.
21. a. Annually, by October 1, submit to the department of education through the
managementinformationsystem, ataminimum, inthemannerprescribedbythedepartment
the following information for the previous fiscal year:
(1) Total revenue received from each local school district as a result of high school
students enrolled in community college courses under the postsecondary enrollment options
program.
(2) Total revenue received from each local school district as a result of high school
students enrolled in community college courses through shared supplementary weighting
plans.
(3) Unduplicated headcount of high school students enrolled in community college
courses under the postsecondary enrollment options program.
(4) Unduplicated headcount of high school students enrolled in community college
courses through shared supplementary weighting plans.
(5) Total credits earned by high school students enrolled in community college courses
under the postsecondary enrollment options program, broken down by career and technical
education program and arts and sciences program.
(6) Number of courses in which high school students are enrolled under shared
supplementary weighting plans and the portions of those courses that are taught by an
instructor who is employed by the local school district for a portion of the school day.
(7) The contracted salary and benefits for the trustees of the community college.
(8) The contracted salary and benefits and any other expenses related to support for
governmental affairs efforts, including expenditures for lobbyists and lobbying activities for
the community college.
(9) The contracted salaries, including but not limited to bonus wages and benefits,
including but not limited to annuity payments or any other benefit covered using state funds
of any kind for administrators of the community college.
b. The department of education shall define the annual supplemental financial reporting
required of all community colleges regarding revenues received through the delivery of
college credit courses to high school students. The board of directors of each community
11 COMMUNITY COLLEGES, §260C.14
college shall incorporate into their student management information systems the unique
student identifier used by school districts as provided by the department of education to
school districts.
c. The department shall incorporate the data submitted in paragraph “a” into the annual
condition of community colleges report described in section 256.7, subsection 23, paragraph
“c”.
22. Enterintoacollectivestatewidearticulationagreementwiththestateboardofregents
pursuant to section 262.9, subsection 31, which shall provide for the seamless transfer of
academic credits from a completed associate of arts or associate of science degree program
offered by a community college to a baccalaureate degree program offered by an institution
of higher education governed by the state board of regents. The board shall also do the
following:
a. Identify a transfer and articulation contact office or person, publicize transfer and
articulation information and the contact office or person, and submit the contact information
to the state board of regents, which shall publish the contact information on its articulation
internet site.
b. Collaborate with the state board of regents to meet the requirements specified in
section 262.9, subsection 31, including but not limited to developing a systematic process
for expanding academic discipline and meetings between the community college faculty
and faculty of the institutions of higher education governed by the state board of regents,
developing criteria to prioritize core curriculum areas, promoting greater awareness of
articulation-related activities, facilitating additional opportunities for individual institutions
to pursue program articulation agreements for career and technical educational programs,
and developing and implementing a process to examine a minimum of eight new associate
of applied science degree programs for which articulation agreements would serve students’
continued academic success in those degree programs.
23. Develop and implement a consistent written policy for an employee who in the scope
of the person’s employment responsibilities examines, attends, counsels, or treats a child to
report suspected physical or sexual abuse. The policy shall include an employee’s reporting
responsibilities. The reporting responsibilities shall designate the time, circumstances, and
method for reporting suspected child abuse to the community college’s administration and
reportingtolawenforcement. Nothinginthepolicyshallprohibitanemployeefromreporting
suspected child abuse in good faith to law enforcement.
24. a. Beginning December 15, 2015, annually file a report with the governor and the
general assembly providing information and statistics for the previous five academic years
on the number of students who are veterans per year who received education credit for
military education, training, and service, that number as a percentage of veterans known
to be enrolled at the college, the average number of credits received by students, and the
average number of credits applied towards the award of a certificate, competency-based
credential, postsecondary diploma, or associate degree.
b. For purposes of this subsection, “veteran” means a veteran as defined in section 35.1
or a member of the reserve forces of the United States or the national guard as defined in
section 29A.1 who has served at least one year of the member’s commitment and is eligible
for or has exhausted federal veterans education benefits under 38 U.S.C. ch. 30, 32, 33, or 36
or 10 U.S.C. ch. 1606 or 1607, respectively.
25. Publish on the community college’s internet site a link to the Iowa student outcomes
internet site maintained by the department of education.
26. Adopt rules that require the community college to include in any communication to
students that is related to immunization requirements information regarding exemptions to
such requirements.

Legislative History

[C66, 71, 73, 75, 77, 79, 81, §280A.23]