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