261.9 - DEFINITIONS.

        261.9  DEFINITIONS.
         When used in this division, unless the context otherwise requires:

         1.  "Accredited private institution" means an institution of
      higher learning located in Iowa which is operated privately and not
      controlled or administered by any state agency or any subdivision of
      the state and which meets the criteria in paragraphs "a" and
      "b" and all of the criteria in paragraphs "d" through
      "g", except that institutions defined in paragraph "c" of
      this subsection are exempt from the requirements of paragraphs
      "a" and "b":
         a.  Is accredited by the north central association of colleges
      and secondary schools accrediting agency based on their requirements.

         b.  Is accredited by the north central association of colleges
      and secondary schools accrediting agency based on their requirements,
      is exempt from taxation under section 501(c)(3) of the Internal
      Revenue Code, and annually provides a matching aggregate amount of
      institutional financial aid equal to at least seventy-five percent of
      the amount received in a fiscal year by the institution's students
      for Iowa tuition grant assistance under this chapter.  Commencing
      with the fiscal year beginning July 1, 2006, the matching aggregate
      amount of institutional financial aid shall increase by the
      percentage of increase each fiscal year of funds appropriated for
      Iowa tuition grants under section 261.25, subsection 1, to a maximum
      match of one hundred percent.  The institution shall file annual
      reports with the commission prior to receipt of tuition grant moneys
      under this chapter.  An institution whose income is not exempt from
      taxation under section 501(c) of the Internal Revenue Code and whose
      students were eligible to receive Iowa tuition grant money in the
      fiscal year beginning July 1, 2003, shall meet the match requirements
      of this paragraph no later than June 30, 2005.
         c.  Is a specialized college that is accredited by the north
      central association of colleges and secondary schools accrediting
      agency, and which offers health professional programs that are
      affiliated with health care systems located in Iowa.
         d.  Promotes equal opportunity and affirmative action efforts
      in the recruitment, appointment, assignment, and advancement of
      personnel at the institution.  In carrying out this responsibility
      the institution shall do all of the following:
         (1)  Designate a position as the affirmative action coordinator.
         (2)  Adopt affirmative action standards.
         (3)  Gather data necessary to maintain an ongoing assessment of
      affirmative action efforts.
         (4)  Monitor accomplishments with respect to affirmative action
      remedies identified in affirmative action plans.
         (5)  Conduct studies of preemployment and postemployment processes
      in order to evaluate employment practices and develop improved
      methods of dealing with all employment issues related to equal
      employment opportunity and affirmative action.
         (6)  Establish an equal employment committee to assist in
      addressing affirmative action needs, including recruitment.
         (7)  Address equal opportunity and affirmative action training
      needs by:
         (a)  Providing appropriate training for managers and supervisors.

         (b)  Insuring that training is available for all staff members
      whose duties relate to personnel administration.
         (c)  Investigating means for training in the area of career
      development.
         (8)  Require development of equal employment opportunity reports,
      including the initiation of the processes necessary for the
      completion of reports required by the federal equal employment
      opportunity commission.
         (9)  Address equal opportunity and affirmative action policies
      with respect to employee benefits and leaves of absence.
         (10)  File annual reports with the college aid commission of
      activities under this paragraph.
         e.  Adopts a policy that prohibits unlawful possession, use,
      or distribution of controlled substances by students and employees on
      property owned or leased by the institution or in conjunction with
      activities sponsored by the institution.  Each institution shall
      provide information about the policy to all students and employees.
      The policy shall include a clear statement of sanctions for violation
      of the policy and information about available drug or alcohol
      counseling and rehabilitation programs.  In carrying out this policy,
      an institution shall provide substance abuse prevention programs for
      students and employees.
         f.  Develops and implements a written policy, which is
      disseminated during student registration or orientation, addressing
      the following four areas relating to sexual abuse:
         (1)  Counseling.
         (2)  Campus security.
         (3)  Education, including prevention, protection, and the rights
      and duties of students and employees of the institution.
         (4)  Facilitating the accurate and prompt reporting of sexual
      abuse to the duly constituted law enforcement authorities.
         g.  Adopts 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:
         (1)  Withdraw from the student's entire registration and receive a
      full refund of tuition and mandatory fees.
         (2)  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.
         (3)  Make arrangements with only some of the student's instructors
      for 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.
         2.  "Commission" means the college student aid commission.
         3.  "Financial need" means the difference between the
      student's financial resources available, including those available
      from the student's parents as determined by a completed parents'
      confidential statement, and the student's anticipated expenses while
      attending the accredited private institution.  Financial need shall
      be redetermined at least annually.
         4.  "Full-time resident student" means an individual resident
      of Iowa who is enrolled at an accredited private institution in a
      course of study including at least twelve semester hours or the
      trimester equivalent of twelve semester hours.  "Course of study"
      does not include correspondence courses.
         5.  "Part-time resident student" means an individual resident
      of Iowa who is enrolled at an accredited private institution in a
      course of study including at least three semester hours or the
      trimester or quarter equivalent of three semester hours. "Course of
      study" does not include correspondence courses.
         6.  "Qualified student" means a resident student who has
      established financial need and who is making satisfactory progress
      toward graduation.
         7.  "Tuition grant" means an award by the state of Iowa to a
      qualified student under this division.  
         Section History: Early Form
         [C71, 73, 75, 77, 79, 81, § 261.9] 
         Section History: Recent Form
         87 Acts, ch 233, § 455; 88 Acts, ch 1284, § 22--24; 89 Acts, ch
      319, § 42; 90 Acts, ch 1253, § 122; 90 Acts, ch 1272, § 48; 91 Acts,
      ch 180, §1; 92 Acts, ch 1106, § 1, 4; 2000 Acts, ch 1095, §4--11;
      2001 Acts, ch 24, §42; 2001 Acts, ch 39, §2; 2003 Acts, ch 179, §113,
      114; 2004 Acts, ch 1086, §56; 2004 Acts, ch 1175, §237, 238; 2005
      Acts, ch 169, §25
         Referred to in § 256.7, 261.5, 261.7, 261.18, 261.25, 261.71,
      261.83, 261.86, 261.102, 261.111, 261B.10, 261E.2, 303.17