262.9 - POWERS AND DUTIES.
262.9 POWERS AND DUTIES.
The board shall:
1. Each even-numbered year elect, from its members, a president
of the board, who shall serve for two years and until a successor is
elected and qualified.
2. Elect a president of each of the institutions of higher
learning; a superintendent of each of the other institutions; a
treasurer and a secretarial officer for each institution annually;
professors, instructors, officers, and employees; and fix their
compensation. Sections 279.12 through 279.19 and section 279.27
apply to employees of the Iowa braille and sight saving school and
the state school for the deaf, who are licensed pursuant to chapter
272. In following those sections in chapter 279, the references to
boards of directors of school districts shall be interpreted to apply
to the board of regents.
3. Make rules for admission to and for the government of said
institutions, not inconsistent with law.
4. Manage and control the property, both real and personal,
belonging to the institutions.
5. Purchase or require the purchase of, when the price is
reasonably competitive and the quality as intended, soybean-based
inks. All inks purchased that are used internally or are contracted
for by the board shall be soybean-based to the extent formulations
for such inks are available.
a. The department of natural resources shall review the
procurement specifications currently used by the board to eliminate,
wherever possible, discrimination against the procurement of products
manufactured with soybean-based inks.
b. The department of natural resources shall assist the board
in locating suppliers of recycled content products and soybean-based
inks and collecting data on recycled content and soybean-based ink
purchases.
c. The board, in conjunction with the department of natural
resources, shall adopt rules to carry out the provisions of this
subsection.
d. The department of natural resources shall cooperate with
the board in all phases of implementing this subsection.
6. The board shall, whenever technically feasible, purchase and
use degradable loose foam packing material manufactured from grain
starches or other renewable resources, unless the cost of the packing
material is more than ten percent greater than the cost of packing
material made from nonrenewable resources. For the purposes of this
subsection, "packing material" means material, other than an
exterior packing shell, that is used to stabilize, protect, cushion,
or brace the contents of a package.
7. Purchase and use recycled printing and writing paper, with the
exception of specialized paper when no recyclable product is
available, in accordance with the schedule established in section
8A.315; establish a wastepaper recycling program for all institutions
governed by the board in accordance with recommendations made by the
department of natural resources and the requirements of section
8A.329; shall, in accordance with the requirements of section 8A.311,
require product content statements and compliance with requirements
regarding procurement specifications; and shall comply with the
requirements for the purchase of lubricating oils and industrial oils
as established pursuant to section 8A.316.
8. Acquire real estate for the proper uses of institutions under
its control, and dispose of real estate belonging to the institutions
when not necessary for their purposes. The disposal of real estate
shall be made upon such terms, conditions, and consideration as the
board may recommend. If real estate subject to sale has been
purchased or acquired from appropriated funds, the proceeds of such
sale shall be deposited with the treasurer of state and credited to
the general fund of the state. There is hereby appropriated from the
general fund of the state a sum equal to the proceeds so deposited
and credited to the general fund of the state to the state board of
regents, which may be used to purchase other real estate and
buildings and for the construction and alteration of buildings and
other capital improvements. All transfers shall be by state patent
in the manner provided by law. The board is also authorized to grant
easements for rights-of-way over, across, and under the surface of
public lands under its jurisdiction when in the board's judgment such
easements are desirable and will benefit the state of Iowa.
9. Accept and administer trusts and may authorize nonprofit
foundations acting solely for the support of institutions governed by
the board to accept and administer trusts deemed by the board to be
beneficial. Notwithstanding the provisions of section 633.63, the
board and such nonprofit foundations may act as trustee in such
instances.
10. Direct the expenditure of all appropriations made to said
institutions, and of any other moneys belonging thereto, but in no
event shall the perpetual funds of the Iowa state university of
science and technology, nor the permanent funds of the university of
Iowa derived under Acts of Congress, be diminished.
11. Collect the highest rate of interest, consistent with safety,
obtainable on daily balances in the hands of the treasurer of each
institution.
12. With consent of the inventor and in the discretion of the
board, secure letters patent or copyright on inventions of students,
instructors, and officials, or take assignment of such letters patent
or copyright and may make all necessary expenditures in regard
thereto. The letters patent or copyright on inventions when so
secured shall be the property of the state, and the royalties and
earnings thereon shall be credited to the funds of the institution in
which such patent or copyright originated.
13. Perform all other acts necessary and proper for the execution
of the powers and duties conferred by law upon it.
14. Grant leaves of absence with full or partial compensation to
staff members to undertake approved programs of study, research, or
other professional activity which in the judgment of the board will
contribute to the improvement of the institutions. Any staff member
granted such leave shall agree either to return to the institution
granting such leave for a period of not less than two years or to
repay to the state of Iowa such compensation as the staff member
shall have received during such leave.
15. Lease properties and facilities, either as lessor or lessee,
for the proper use and benefit of said institutions upon such terms,
conditions, and considerations as the board deems advantageous,
including leases with provisions for ultimate ownership by the state
of Iowa, and to pay the rentals from funds appropriated to the
institution for operating expenses thereof or from such other funds
as may be available therefor.
16. In its discretion employ or retain attorneys or counselors
when acting as a public employer for the purpose of carrying out
collective bargaining and related responsibilities provided for under
chapter 20. This subsection shall supersede the provisions of
section 13.7.
17. a. In its discretion, adopt rules relating to the
classification of students enrolled in institutions of higher
education under the board who are residents of Iowa's sister states
as residents or nonresidents for fee purposes.
b. (1) Adopt rules to classify as residents for purposes of
undergraduate 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 an institution of
higher education under the board. 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 an institution of higher education under the control of
the board, 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.
18. In issuing bonds or notes under this chapter, chapter 262A,
chapter 263A, or other provision of law, select and fix the
compensation for, through a competitive selection procedure,
attorneys, accountants, financial advisors, banks, underwriters,
insurers, and other employees and agents which in the board's
judgment are necessary to carry out the board's intention. Prior to
the initial selection, the board shall establish a procedure which
provides for a fair and open selection process including but not
limited to the opportunity to present written proposals and personal
interviews. The board shall maintain a list of firms which have
requested to be notified of requests for proposal. The selection
criteria shall take into consideration, but are not limited to,
compensation, expenses, experience with similar issues, scheduling,
ability to provide the services of individuals with specific
knowledge in the relevant subject matter and length of engagement.
The board may waive the requirements for a competitive selection
procedure for any specific employment upon adoption of a resolution
of the board stating why the waiver is in the public interest and
shall provide the executive council with written notice of the
granting of any such waiver.
19. a. Not less than thirty days prior to action by the board
on any proposal to increase tuition, fees, or charges at one or more
of the institutions of higher education under its control, send
written notification of the amount of the proposed increase including
a copy of the proposed tuition increase docket memorandum prepared
for its consideration to the presiding officers of the student
government organization of the affected institutions. The final
decision on an increase in tuition or mandatory fees charged to all
students at an institution for a fiscal year shall be made at a
regular meeting and shall be reflected in a final docket memorandum
that states the estimated total cost of attending each of the
institutions of higher education under the board's control. The
regular meeting shall be held in Ames, Cedar Falls, or Iowa City and
shall not be held during a period in which classes have been
suspended for university holiday or break.
b. Authorize, at its discretion, each institution of higher
education to retain the student fees and charges it collects to
further the institution's purposes as authorized by the board.
Notwithstanding any provision to the contrary, student fees and
charges, as defined in section 262A.2, shall not be considered
repayment receipts as defined in section 8.2.
20. Adopt policies and procedures for the use of
telecommunications as an instructional tool at its institutions. 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.
21. Establish a hall of fame for distinguished graduates at the
Iowa braille and sight saving school and at the Iowa school for the
deaf.
22. Assist a nonprofit organization located in Sioux City in the
creation of a tristate graduate center, comparable to the quad cities
graduate center, located in the quad cities in Iowa. The purpose of
the Sioux City graduate center shall be to create graduate education
opportunities for students living in northwest Iowa.
23. Direct the administration of the Iowa minority academic
grants for economic success program as established in section 261.101
for the institutions under its control.
24. 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.
25. Develop a policy requiring 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. However, the
board shall establish criteria by which an institution may
discontinue annual evaluations of a specific person providing
instruction. The criteria shall include receipt by the institution
of two consecutive positive annual evaluations from the majority of
students evaluating the person.
26. 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.
27. Explore, in conjunction with the department of education, the
need for coordination between school districts, area education
agencies, state board of regents institutions, and community colleges
for purposes of delivery of courses, use of telecommunications,
transportation, and other similar issues. Coordination may include
but is not limited to coordination of calendars, programs, schedules,
or telecommunications emissions. The state board shall develop
recommendations as necessary, which shall be submitted in a report to
the general assembly on a timely basis.
28. Develop and implement a written policy, which is disseminated
during 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 institution.
d. Facilitating the accurate and prompt reporting of sexual
abuse to the duly constituted law enforcement authorities.
29. Authorize the institutions of higher learning under the board
to charge an interest rate, not to exceed the prime rate plus six
percent, on delinquent bills. However, the board shall prohibit the
institutions from charging interest on late tuition payments and room
and board payments if financial aid payments to students enrolled in
the institutions are delayed by the lending institution.
30. Direct the institutions of higher education under its control
to 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 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.
31. Develop a policy, not later than August 1, 2003, that each
institution of higher education under the control of the board shall
approve, institute, and enforce, which prohibits students, faculty,
and staff from harassing or intimidating a student or any other
person on institution property who is wearing the uniform of, or a
distinctive part of the uniform of, the armed forces of the United
States. A policy developed in accordance with this subsection shall
not prohibit an individual from wearing such a uniform on institution
property if the individual is authorized to wear the uniform under
the laws of a state or the United States. The policy shall provide
for appropriate sanctions.
32. Establish a research triangle, defined by the three
institutions of higher learning under the board's control, and
clearinghouse for purposes of sharing the projects and results of
kindergarten through grade twelve education technology initiatives
occurring in Iowa's school districts, area education agencies,
community colleges, and other higher education institutions, with the
education community within and outside of the state. Dissemination
of and access to information regarding planning, financing,
curriculum, professional development, preservice training, project
implementation strategies, and results shall be centralized to allow
school districts from across the state to gain ideas from each other
regarding the integration of technology in the classroom.
33. In consultation with the state board for community colleges
established pursuant to section 260C.3, establish and enter into a
collective statewide articulation agreement with the community
colleges established pursuant to chapter 260C, 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 board. The board
shall also do the following:
a. Require each of the institutions of higher education
governed by the board to 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 board for publication on its articulation website.
b. Develop, in collaboration with the boards of directors of
the community colleges, 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
board. The board shall conduct and jointly administer with the
boards of directors of the community colleges four program and
academic discipline meetings each academic year for the purpose of
enhancing alignment between course content and expectations at the
community colleges and institutions of higher education governed by
the state board of regents.
c. Develop criteria to prioritize core curriculum areas and
create or review transition guides for the core curriculum areas.
d. Include on its articulation website course equivalency and
transition guides for each of the institutions of higher education
governed by the board.
e. Jointly, with the boards of directors of the community
colleges, select academic departments in which to articulate
first-year and second-year courses through faculty-to-faculty
meetings in accordance with paragraph "b". However,
course-to-course equivalencies need not occur in an academic
discipline when the board and the community colleges jointly
determine that course content is incompatible.
f. Promote greater awareness of articulation-related
activities, including the articulation website maintained by the
board and articulation agreements in which the institutions
participate.
g. Facilitate additional opportunities for individual
institutions to pursue program articulation agreements for community
college career and technical education programs and programs of study
offered by the institutions of higher education governed by the
board.
h. Develop and implement by January 1, 2012, a process to
examine a minimum of eight new community college associate of applied
science degree programs for which articulation agreements between the
community colleges and the institutions of higher education governed
by the board would serve students' continued academic success in
those degree programs.
i. Prepare, jointly with the department of education and the
liaison advisory committee on transfer students, and submit by
January 1 annually to the general assembly, an update on the
articulation efforts and activities implemented by the community
colleges and the institutions of higher education governed by the
board.
34. Submit its annual budget request broken down by budget unit.
35. Annually, by October 1, submit in a report to the general
assembly the following information for the previous fiscal year:
a. Total revenue received from each local school district as
a result of high school students enrolled in courses under the
postsecondary enrollment options program at the institutions of
higher learning under the board's control.
b. Unduplicated headcount of high school students enrolled in
courses under the postsecondary enrollment options program at the
institutions of higher learning under the board's control.
c. Total credits earned by high school students enrolled in
courses under the postsecondary enrollment options program at the
institutions of higher learning under the board's control, broken
down by degree program.
d. The compensation and benefits paid to the members of the
board pursuant to section 7E.6.
e. The contracted salary and benefits and any other expenses
related to support for governmental affairs efforts, including
expenditures for liaisons and lobbying activities for the board and
its institutions.
f. 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 institutions governed by the board. Section History: Early Form