261B.1 Policy.

The general assembly finds that the availability of courses and programs leading to educational degrees and the existence of institutions of postsecondary education that offer courses and programs leading to educational degrees are in the best interest of the state. The general assembly has found that the state can provide protection for persons choosing institutions and programs by ensuring that accurate and complete information about institutions and programs is available to these persons and to the public.

261B.10 Advisory committee.

The state advisory committee for postsecondary school registration is created. The committee shall consist of the secretary of state and seven members appointed by the coordinating council for post-high school education. Members shall serve for staggered four-year terms and shall include representatives from public and private two-year and four-year colleges, universities, and specialized and vocational schools.

The committee shall meet at least annually to advise the secretary and other agencies in matters relating to the administration of this chapter and to serve as a resource and advisory board to the secretary as needed. The secretary shall serve as chairperson of the advisory committee and may call meetings and set the agenda as needed.

261B.11 Exceptions.

This chapter does not apply to the following types of schools and courses of instruction:

1. Schools and educational programs conducted by firms, corporations, or persons for the training of their own employees.

2. Apprentice or other training programs provided by labor unions to members or applicants for membership.

3. Courses of instruction of an avocational or recreational nature that do not lead to an occupational objective.

4. Seminars, refresher courses, and programs of instruction sponsored by professional, business, or farming organizations or associations for the members and employees of members of these organizations or associations.

5. Courses of instruction conducted by a public school district or a combination of public school districts.

6. Colleges and universities authorized by the laws of this state to grant degrees.

7. Schools or courses of instruction or courses of training that are offered by a vendor to the purchaser or prospective purchaser of the vendor's product when the objective of the school or course is to enable the purchaser or the purchaser's employees to gain skills and knowledge to enable the purchaser to use the product.

8. Schools and educational programs conducted by religious organizations solely for the religious instruction of members of that religious organization.

9. Postsecondary educational institutions licensed by the state of Iowa to conduct business in the state.

10. Accredited higher education institutions that meet the criteria established under section 261.92, subsection 1.

11. Postsecondary educational institutions offering programs limited to nondegree specialty vocational training programs.

261B.12 Enforcement.

When the secretary or the secretary's designee believes a school is in violation of this chapter, the secretary shall order the school to show cause why the secretary should not issue a cease and desist order to the school.

After the school's response to the show cause order has been reviewed by the secretary, the secretary may issue a cease and desist order to the school if the secretary believes the school continues to be in violation of this chapter. If the school does not cease and desist, the secretary may seek judicial enforcement of the cease and desist order in any district court.

261B.2 Definitions.

As used in this chapter, unless the context otherwise requires:

1. "Degree" means a postsecondary credential conferring on the recipient the title of associate, bachelor, master, or doctor, or an equivalent title, signifying educational attainment based on any one or a combination of study or the equivalent experience or achievement testing. A postsecondary degree under this chapter shall not include an honorary degree or other unearned degree.

2. "Presence" means maintaining an address within Iowa.

3. "School" means an agency of the state or political subdivision of the state, individual, partnership, company, firm, society, trust, association, corporation, or any combination which meets any of the following criteria:

a. Is, owns, or operates a nonprofit postsecondary educational institution.

b. Provides a postsecondary instructional program or course leading to a degree.

c. Uses in its name the term "college", "academy", "institute", or "university" or a similar term to imply that the person is primarily engaged in the education of students at the postsecondary level, and which makes a charge for its services.

4. "Secretary" means the secretary of state.

5. "Student" means a person who enrolls in or seeks to enroll in a course of instruction offered or conducted by a school.

261B.3 Registration.

1. A school that maintains or conducts one or more courses of instruction, including courses of instruction by correspondence, offered in this state or which has a presence in this state and offers courses in other states or foreign countries shall register annually with the secretary. Registration shall be made on application forms approved and supplied by the secretary and at the time and in the manner prescribed by the secretary. Upon receipt of a complete and accurate registration application, the secretary shall issue an acknowledgment of document filed and send it to the school.

2. The secretary may request additional information as necessary to enable the secretary to determine the accuracy and completeness of the information contained in the registration application. If the secretary believes that false, misleading, or incomplete information has been submitted in connection with an application for registration, the secretary may deny registration. The secretary shall conduct a hearing on the denial if a hearing is requested by a school. The secretary may withhold an acknowledgment of document filed pending the outcome of the hearing. Upon a finding after the hearing that information contained in the registration application is false, misleading, or incomplete, the secretary shall deny an acknowledgment of document filed to the school. The secretary shall make the final decision on each registration. However, the decision of the secretary is subject to judicial review in accordance with section 17A.19.

3. The secretary shall utilize the advisory committee created in section 261B.10 in reviewing new and continuing registrations.

4. The secretary shall adopt rules under chapter 17A for the implementation of this chapter.

261B.3A Requirement.

A school offering courses or programs of study leading to a degree in the state of Iowa shall be accredited by an agency or organization approved or recognized by the United States department of education or a successor agency and be approved for operation by the appropriate state agencies in all other states in which it operates or maintains a presence.

261B.4 Registration information.

As a basis for registration, schools shall provide the secretary with the following information:

1. The name or title of the school.

2. The principal location of the school in this state, in other states, and in foreign countries, and the location of the place or places in this state, in other states, and in foreign countries where instruction is likely to be given.

3. A schedule of tuition charges, fees, and other costs payable to the school by a student.

4. The refund policy of the school for the return of refundable portions of tuition, fees, or other charges.

5. The degrees granted by the school.

6. The names and addresses of the principal owners of the school or the officers and members of the legal governing

7. The name and address of the chief executive officer of the school.

8. A copy of or a description of the means by which the school intends to comply with section 261B.9.

9. Whether the school is accredited by any accrediting agency recognized by the United States department of education or a successor agency and, if so, the name of the accreditation

10. The name, address, and telephone number of a contact person in this state.

11. The names or titles and a description of the courses and degrees to be offered.

12. A description of procedures for the preservation of student records.

13. The academic and instructional methodologies and delivery systems to be used by the school and the extent to which the school anticipates each methodology and delivery system will be used, including, but not limited to, classroom instruction, correspondence, electronic telecommunications, independent study, and portfolio experience evaluation.

261B.5 Changes.

If any information provided to the secretary under section 261B.3 or 261B.4 changes, the school shall inform the secretary within ninety days of the effective date of the change on forms prescribed and furnished by the secretary.

261B.6 List of schools.

The secretary shall maintain a list of registered schools and the list and the information submitted under sections 261B.3 and 261B.4 are public records under chapter 22.

261B.7 Unauthorized representation.

Neither a school nor its officials or employees shall advertise or represent that the school is approved or accredited by the secretary or the state of Iowa nor shall it use the registration as a reference in promotional materials.

261B.8 Registration fees.

The secretary shall collect an initial registration fee of one thousand dollars and an annual renewal of registration fee of five hundred dollars from each registered school.

261B.9 Disclosure to students.

Prior to the commencement of a course of instruction and prior to the receipt of a tuition charge or fee for a course of instruction, a school shall provide written disclosure to students of the following information accompanied by a statement that the information is being provided in compliance with this section:

1. The name or title of the course.

2. A brief description of the subject matter of the course.

3. The tuition charge or other fees charged for the course. If a student is enrolled in more than one course at the school, the tuition charge or fee for all courses may be stated in one sum.

4. The refund policy of the school for the return of the refundable portion of tuition, fees, or other charges. If refunds are not to be paid, the information shall state that fact.

5. Whether the credential or certificate issued, awarded, or credited to a student upon completion of the course or the fact of completion of the course is applicable toward a degree granted by the school and, if so, under what circumstances the application will be made.

6. Whether the school is accredited by an accrediting agency recognized by the United States department of education or its successor agency.