261A.4 Definitions.
As used in this chapter, unless the context otherwise requires:
1. “Authority” means the Iowa higher education loan authority created by this chapter, and “members of the authority” means those persons appointed to the authority pursuant to section 261A.6.
2. “Authority loans” means loans by the authority to institutions of higher education for the purpose of funding education loans.
3. “Bond resolution” means a resolution of the authority and the trust agreement, if any, and any supplements or amendments to the resolution and agreement, authorizing the issuance of and providing for the terms and conditions applicable to obligations.
4. “Bond service charges” means principal, including mandatory sinking fund requirements for retirement of obligations, and interest, and redemption premium, if any, required to be paid by the authority on obligations.
5. “Borrower” means a student who has received an education loan or a parent who has received or agreed to pay an education loan.
6. “Cost of attendance” means the amount defined by the institution for the purpose of the guaranteed student loan program as defined under Tit. IV, part B, of the Higher Education Act of 1965, as amended.
7. “Default insurance” means insurance insuring education loans, authority loans, or obligations against default.
8. “Default reserve fund” means a fund established pursuant to a bond resolution for the purpose of securing education loans, authority loans, or obligations.
9. “Education loan” means a loan which is made by an institution to a student or parents of a student, or both, in amounts not in excess of the maximum amounts specified in rules adopted by the authority under chapter 17A to finance all or a portion of the cost of the student’s attendance at the institution.
10. “Education loan series portfolio” means all education loans made by a specific institution which are funded from the proceeds of an authority loan to the institution from the proceeds of a related specific issue of obligations through the authority.
11. “Governmental agency” means the state or a state department, division, commission, institution, or authority, an agency, city, county, township, school district, and any other political subdivision or special district in this state established pursuant to law, and, except where otherwise indicated, also means the United States or a department, division, or agency of the United States, and an agency, commission, or authority established pursuant to an interstate compact or agreement.
12. “Institution” means a nonprofit educational institution located in Iowa not owned or controlled by the state or any political subdivision, agency, instrumentality, district, or city of the state, which is authorized by law to provide a program of education beyond the high school level and which meets all of the following requirements:
a. Admits as regular students only individuals having a certificate of graduation from high school, or the recognized equivalent of such a certificate.
b. Provides an educational program for which it awards a baccalaureate degree; or provides an educational program which conditions admission upon the prior attainment of a baccalaureate degree or its equivalent, for which it awards a postgraduate degree; or provides not less than a two-year program which is acceptable for full credit toward a baccalaureate degree, or offers not less than a two-year program in engineering, mathematics, or the physical or biological sciences which is designed to prepare the student to work as a technician and at a semiprofessional level in engineering, scientific, or other technological fields which require the understanding and application of basic engineering, scientific, or mathematical principles or knowledge.
c. Is accredited by a nationally recognized accrediting agency or association or, if not accredited, is an institution whose credits are accepted, on transfer, by not less than three institutions which are accredited.
d. Does not discriminate in the admission of students on the basis of age, race, creed, color, sex, national origin, religion, or disability.
e. Has a governing board which possesses its own sovereignty.
f. Has a governing board, or delegated institutional officials, which possess final authority in all matters of local control, including educational policy, choice of personnel, determination of program, and financial management.
13. “Loan funding deposit” means money or other property that is deposited:
a. By an institution with the authority or a trustee.
b. In amounts deemed necessary by the authority as a condition for the institution’s participation in the authority’s programs.
c. For the purpose of one or more of the following:
(1) Providing security for obligations.
(2) Funding a default reserve fund.
(3) Acquiring default insurance.
(4) Defraying costs of the authority.
14. “Obligations” means bonds, notes, or other evidences of indebtedness of the authority, including interest coupons pertaining thereto, issued under this chapter, including refunding bonds.
15. “Parent” means a parent or guardian of a student at an institution.
16. “Person” means a public or private person, firm, partnership, association, corporation or other body.
[82 Acts, ch 1031, §4]
2008 Acts, ch 1031, §43
Referred to in §261A.24
Structure Iowa Code
Title VII - EDUCATION AND CULTURAL AFFAIRS
Chapter 261A - HIGHER EDUCATION LOAN AUTHORITY (PRIVATE INSTITUTIONS)
Section 261A.1 - Short title and citation.
Section 261A.2 - Declaration of purpose.
Section 261A.3 - Legislative findings.
Section 261A.5 - Creation as public instrumentality.
Section 261A.6 - Membership of authority.
Section 261A.7 - Duties of authority.
Section 261A.8 - Powers of authority.
Section 261A.9 - Expenses of authority — limitation of liability.
Section 261A.10 - Acquisition of moneys, endowments, properties, and guarantees.
Section 261A.11 - Conveyance of loan funding deposit after payment of principal and interest.
Section 261A.12 - Obligations.
Section 261A.13 - Trust agreement to secure obligations.
Section 261A.14 - Payment of obligations — nonliability of state.
Section 261A.15 - Pledge of revenues.
Section 261A.16 - Funds for sales of obligations as trust funds — application of funds.
Section 261A.17 - Rights of holders of obligations.
Section 261A.18 - Refunding bonds — purpose — proceeds — investment of proceeds.
Section 261A.19 - Investment of funds of authority.
Section 261A.20 - Obligations as legal investments.
Section 261A.21 - Annual report.
Section 261A.22 - Waiver of competitive bidding.
Section 261A.23 - Institution power — interest rates.
Section 261A.24 - Chapter as alternative method — powers not subject to supervision or regulation.
Section 261A.26 - Liberal construction of chapter.
Section 261A.27 - Exercise of powers as essential public function — exemption from taxation.
Section 261A.32 - Legislative findings.
Section 261A.33 - Purpose of subchapter.
Section 261A.34 - Definitions.
Section 261A.35 - General power of authority.
Section 261A.36 - Issuance of obligations.
Section 261A.37 - Loans authorized.
Section 261A.38 - Issuance of obligations — conditions.
Section 261A.39 - General powers — apportionment of costs.
Section 261A.40 - Joint and combination projects.
Section 261A.42 - Obligations.
Section 261A.43 - Resolution provisions.
Section 261A.44 - Obligations secured by trust agreement.
Section 261A.45 - Obligations issued to acquire federally guaranteed securities.
Section 261A.46 - Obligations not liability of state or political subdivision.
Section 261A.47 - Money received by authority.
Section 261A.48 - Powers of holders and trustees.
Section 261A.49 - Bondholders — pledge — agreement of the state.