Bill Text: IA SF2271 | 2013-2014 | 85th General Assembly | Enrolled
Bill Title: A bill for an act relating to the duties and authority of the college student aid commission relating to the registration of certain postsecondary schools, to interstate reciprocity agreements, and to registration fees collected by the commission. (Formerly SF 2124.) Effective 7-1-14.
Spectrum: Committee Bill
Status: (Passed) 2014-04-03 - Signed by Governor. S.J. 719. [SF2271 Detail]
Download: Iowa-2013-SF2271-Enrolled.html
Senate
File
2271
AN
ACT
RELATING
TO
THE
DUTIES
AND
AUTHORITY
OF
THE
COLLEGE
STUDENT
AID
COMMISSION
RELATING
TO
THE
REGISTRATION
OF
CERTAIN
POSTSECONDARY
SCHOOLS,
TO
INTERSTATE
RECIPROCITY
AGREEMENTS,
AND
TO
REGISTRATION
FEES
COLLECTED
BY
THE
COMMISSION.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
261.2,
subsection
11,
paragraph
a,
Code
2014,
is
amended
to
read
as
follows:
a.
The
institutions
are
not
required
to
register
under
chapter
261B
or
the
institutions
are
participating
resident
institutions
as
defined
in
section
261G.2
that
volunteer
to
register
under
section
261B.11B
.
Sec.
2.
Section
261.2,
Code
2014,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
13.
Enter
into
and
administer,
or
recognize,
an
interstate
reciprocity
agreement
for
the
provision
of
postsecondary
distance
education
by
a
postsecondary
institution
pursuant
to
chapter
261G.
The
commission
shall
adopt
rules
establishing
application
procedures
and
criteria
for
the
authorization
of
postsecondary
institutions
providing
postsecondary
distance
education
under
interstate
reciprocity
agreements
pursuant
to
chapter
261G
and
for
the
review
and
approval
of
interstate
reciprocity
agreements
the
commission
may
enter
into
or
recognize
pursuant
to
this
subsection
and
chapter
261G.
The
commission
may
accept
an
authorization
granted
by
another
state
to
a
postsecondary
institution
under
an
interstate
reciprocity
agreement
to
deliver
postsecondary
distance
education.
Sec.
3.
Section
261B.8,
subsection
3,
Code
2014,
is
amended
to
read
as
follows:
Senate
File
2271,
p.
2
3.
A
postsecondary
registration
fund
is
created
in
the
state
treasury
under
the
control
of
the
commission.
Fees
collected
under
this
section
shall
be
deposited
in
the
general
postsecondary
registration
fund
of
the
state
.
Moneys
in
the
fund
are
appropriated
to
the
commission
and
shall
be
used
by
the
commission
to
administer
this
chapter
and
chapter
261G.
Notwithstanding
section
8.33,
moneys
in
the
fund
shall
not
revert
to
the
general
fund
of
the
state
at
the
end
of
a
fiscal
year.
Notwithstanding
section
12C.7,
interest
or
earnings
on
moneys
in
the
fund
shall
be
credited
to
the
fund.
Sec.
4.
NEW
SECTION
.
261B.11B
Voluntary
registration.
A
school
or
other
postsecondary
educational
institution
that
is
exempt
under
section
261B.11
may
voluntarily
register
under
chapter
261B
in
order
to
comply
with
chapter
261G
or
for
purposes
of
institutional
eligibility
under
34
C.F.R.
§600.9(a).
Sec.
5.
NEW
SECTION
.
261G.1
Purpose.
The
purpose
of
this
chapter
is
to
authorize
the
college
student
aid
commission
to
enter
into
or
recognize
agreements
that
will
create
interstate
reciprocity
in
the
regulation
of
postsecondary
distance
education
for
the
purpose
of
encouraging
cost
savings
for
students
and
greater
efficiencies
and
effectiveness
for
institutions
of
higher
education
providing
distance
education.
Sec.
6.
NEW
SECTION
.
261G.2
Definitions.
1.
“Commission”
means
the
college
student
aid
commission
created
pursuant
to
section
261.1.
2.
“Interstate
reciprocity
agreement”
means
an
interstate
reciprocity
agreement
entered
into
and
administered,
or
recognized,
by
the
commission
in
accordance
with
section
261.2,
subsection
13.
3.
“Participating
institution”
means
an
institution
that
meets
the
definition
of
subsection
4
or
5.
4.
“Participating
nonresident
institution”
means
a
postsecondary
institution
without
a
physical
presence
in
Iowa
that
is
offering
instructional
programs
or
courses
in
Iowa
leading
to
a
degree,
is
a
member
in
good
standing
in
an
interstate
reciprocity
agreement,
and
is
registered
with
and
regulated
by
a
state
agency
or
authority
that
is
a
member
in
good
standing
in
an
interstate
reciprocity
agreement.
5.
“Participating
resident
institution”
means
a
postsecondary
institution
located
in
Iowa
that
is
a
member
in
good
standing
in
an
interstate
reciprocity
agreement
and
is
Senate
File
2271,
p.
3
offering
instructional
programs
or
courses
in
Iowa
leading
to
a
degree,
including
but
not
limited
to
the
following
institutions:
a.
A
community
college
as
defined
in
section
260C.2.
b.
An
institution
of
higher
learning
governed
by
the
state
board
of
regents.
c.
An
accredited
private
institution
as
defined
in
section
261.9.
d.
A
school
or
postsecondary
educational
institution
that
voluntarily
registers
with
the
commission
pursuant
to
section
261B.11B
in
order
to
comply
with
this
chapter
or
for
purposes
of
institutional
eligibility
under
34
C.F.R.
§600.9(a).
6.
“Physical
presence”
means
any
of
the
following:
a.
Establishing
a
physical
location
in
Iowa
for
students
to
receive
synchronous
or
asynchronous
instruction.
b.
Requiring
students
to
physically
meet
in
a
location
in
Iowa
for
instructional
purposes.
c.
Establishing
an
administrative
office
in
Iowa,
for
any
of
the
following
purposes:
(1)
Providing
information
to
prospective
students
or
the
general
public
about
the
institution,
for
enrolling
students,
or
for
providing
services
to
enrolled
students.
(2)
Providing
office
space
to
instructional
or
noninstructional
staff.
(3)
Establishing
an
Iowa
mailing
address,
street
address,
or
telephone
number.
Sec.
7.
NEW
SECTION
.
261G.3
Execution
of
duties.
The
commission
shall
only
enter
into
or
recognize
an
interstate
reciprocity
agreement
if
the
agreement
contains
sufficient
consumer
protection
provisions
and
is
otherwise
in
the
best
interests
of
students
enrolled
in
institutions
of
higher
education
in
this
state.
Sec.
8.
NEW
SECTION
.
261G.4
Effect
of
agreement.
1.
Notwithstanding
any
other
provision
of
law
to
the
contrary,
a
participating
nonresident
institution
shall
not
be
required
to
register
under
chapter
261B
or
to
comply
with
the
registration
and
disclosure
requirements
of
chapter
261
or
261B
or
section
714.17,
subsections
2
and
3,
or
sections
714.18,
714.20,
and
714.21,
or
section
714.24,
subsections
1,
2,
3,
4,
and
5,
if
the
provisions
of
an
interstate
reciprocity
agreement
prohibit
such
registration
or
compliance.
2.
Notwithstanding
any
other
provision
of
law
to
the
contrary,
a
participating
resident
institution
shall
be
Senate
File
2271,
p.
4
required
to
register
under
chapter
261B
or
to
comply
with
the
registration
and
disclosure
requirements
of
chapter
261
or
261B
or
section
714.17,
subsections
2
and
3,
or
sections
714.18,
714.20,
and
714.21,
or
section
714.24,
subsections
1,
2,
3,
4,
and
5,
if
the
provisions
of
the
interstate
reciprocity
agreement
require
such
registration
or
compliance.
3.
A
participating
institution
offering
instructional
programs
or
courses
under
an
interstate
reciprocity
agreement
entered
into
or
recognized
by
the
commission
must
notify
the
commission
of
any
change
of
status
relating
in
any
way
to
the
interstate
reciprocity
agreement.
4.
This
chapter
shall
not
be
construed
to
prevent
the
commission
or
the
state
from
requiring
a
school
or
other
postsecondary
educational
institution
to
register
under
chapter
261B
or
from
taking
enforcement
action
against
a
participating
institution
in
any
of
the
following
circumstances:
a.
A
participating
nonresident
institution
leaves
or
otherwise
ceases
to
be
a
member
in
good
standing
in
an
interstate
reciprocity
agreement.
b.
The
participating
institution
is
physically
or
administratively
housed
in
a
state
that
does
not
join
or
ceases
to
be
a
member
in
good
standing
in
an
interstate
reciprocity
agreement
entered
into
or
recognized
by
the
commission.
c.
The
discovery
of
acts
or
omissions
subject
to
the
enforcement
action
but
which
occurred
prior
to
the
commission’s
entering
into
or
recognizing
an
interstate
reciprocity
agreement.
5.
Students
attending
a
participating
nonresident
institution
are
ineligible
for
state
student
financial
aid
programs
established
under
chapter
261.
Sec.
9.
NEW
SECTION
.
261G.5
Postsecondary
registration
fees.
1.
The
commission
shall
set
by
rule
and
collect
a
nonrefundable
initial
registration
fee
and
a
renewal
of
registration
fee
from
each
participating
institution
that
voluntarily
registers
with
the
commission
pursuant
to
section
261B.11B
in
order
to
comply
with
this
chapter
or
for
purposes
of
institutional
eligibility
under
34
C.F.R.
§600.9(a).
2.
Fees
shall
be
set
by
rule
not
more
than
once
each
year
and
shall
be
based
upon
the
costs
of
administering
this
chapter.
3.
Fees
collected
under
this
section
shall
be
deposited
in
a
separate
account
in
the
postsecondary
registration
fund
created
Senate
File
2271,
p.
5
pursuant
to
section
261B.8,
subsection
3,
and
shall
be
used
for
purposes
of
administering
this
chapter.
Sec.
10.
NEW
SECTION
.
261G.6
Enforcement.
This
chapter
shall
not
be
construed
to
affect
the
authority
of
the
attorney
general
pursuant
to
section
714.16.
______________________________
PAM
JOCHUM
President
of
the
Senate
______________________________
KRAIG
PAULSEN
Speaker
of
the
House
I
hereby
certify
that
this
bill
originated
in
the
Senate
and
is
known
as
Senate
File
2271,
Eighty-fifth
General
Assembly.
______________________________
MICHAEL
E.
MARSHALL
Secretary
of
the
Senate
Approved
_______________,
2014
______________________________
TERRY
E.
BRANSTAD
Governor