260C.14 - AUTHORITY OF DIRECTORS.
260C.14 AUTHORITY OF DIRECTORS.
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
vocational offerings are competency-based, provide any minimum
competencies required by the department of education, comply with any
applicable requirements in chapter 258, and are articulated with
local school district vocational education programs. If an existing
private educational or vocational institution 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. 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. Have the powers and duties with respect to community colleges,
not otherwise provided in this chapter, which are prescribed for
boards of directors of local school districts by chapter 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 vocational 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
within the merged areas shall be given preference in the purchase of
such articles. All revenue received from the sale of any article
shall be credited to the funds of the board of the merged area.
7. With the consent of the inventor, and in the discretion of the
board, secure letters patent 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 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. As used in this subsection, unless the context otherwise
requires, "investment contract" 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. 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.
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. During the second week of August of each year, publish by one
insertion in at least one 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.
(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 at Rock
Island arsenal. If the qualified military person is transferred,
deployed, or restationed while the person's spouse or child is
enrolled in the community college, the spouse or child shall continue
to be classified as a resident until the close of the fiscal year in
which the spouse or child is enrolled.
(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.
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. Provide for eligible alternative retirement benefits systems
which shall be limited to the following:
a. 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.
b. 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.
c. 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 lettered paragraph 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 lettered
paragraph 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 lettered paragraph shall
not constitute an endorsement of that provider by the community
college.
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. 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.
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. Adopt a policy to offer not less than the following options
to a student who is a member of the Iowa national guard or reserve
forces of the United States and who is ordered to state military
service or federal service or duty:
a. Withdraw from the student's entire registration and
receive a full refund of tuition and mandatory fees.
b. Make arrangements with 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
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 management information system, at a minimum, in
the manner prescribed by the department 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 vocational-technical or career 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 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 submit a report to the general
assembly summarizing the data submitted in paragraph "a" by
January 15 annually.
22. Enter into a collective statewide articulation agreement with
the state board of regents pursuant to section 262.9, subsection 33,
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 website.
b. Collaborate with the state board of regents to meet the
requirements specified in section 262.9, subsection 33, 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. Section History: Early Form
[C66, 71, 73, 75, 77, 79, 81, § 280A.23] Section History: Recent Form
84 Acts, ch 1315, § 36; 86 Acts, ch 1213, § 6; 86 Acts, ch 1246, §
134; 87 Acts, ch 207, §7; 87 Acts, ch 233, §478; 88 Acts, ch 1284, §
47; 89 Acts, ch 278, §6; 90 Acts, ch 1240, § 46; 90 Acts, ch 1253, §
35; 92 Acts, ch 1106, §3, 4
C93, § 260C.23
93 Acts, ch 82, § 3; 94 Acts, ch 1183, § 60, 61
C95, §260C.14
96 Acts, ch 1215, §26; 97 Acts, ch 14, §2, 3; 98 Acts, ch 1077, §
2, 3; 2001 Acts, ch 39, §1; 2002 Acts, ch 1140, §14; 2003 Acts, ch
108, §46; 2003 Acts, ch 179, §112; 2004 Acts, ch 1086, §54; 2006
Acts, ch 1152, §8, 30; 2006 Acts, ch 1180, § 17, 24; 2008 Acts, ch
1171, § 63, 68; 2008 Acts, ch 1181, § 50; 2009 Acts, ch 54, §7; 2009
Acts, ch 133, §101; 2009 Acts, ch 158, §1; 2009 Acts, ch 168, §2;
2009 Acts, ch 177, §21, 22
Referred to in § 15.108, 97B.42, 258.16, 260C.18, 261E.8
Postsecondary enrollment options program, see §261E.6, 261E.7 Footnotes
Selection of investment contracts to be included in Internal
Revenue Code section 403(b) plan established by board; 2008 Acts, ch
1171, § 66--68