2019 Colorado Revised Statutes
Title 23 - Postsecondary Education


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Colorado Revised Statutes 2019 TITLE 23 POSTSECONDARY EDUCATION Cross references: For private occupational schools, see article 64 of title 23; for the inclusion of every state institution of higher education within the definition of institution for purposes of the public records law, see § 24-72-202 (1.5); for the "Concurrent Enrollment Programs Act", see article 35 of title 22. STATE UNIVERSITIES AND COLLEGES General and Administrative ARTICLE 1 Colorado Commission on Higher Education Editor's note: This article was numbered as article 22 of chapter 124 in C.R.S. 1963. The provisions of this article were repealed and reenacted in 1985, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this article prior to 1985, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated. Cross references: For provisions and requirements of a work-study program, see part 4 of article 3.3 of this title; for provisions of the Colorado educational exchange program, see part 6 of article 3.3 of this title. 23-1-101. Legislative declaration. The purposes of this article are to maximize opportunities for postsecondary education in Colorado; to avoid and to eliminate needless duplication of facilities and programs in state-supported institutions of higher education; to achieve simplicity of state administrative procedures pertaining to higher education; to effect the best utilization of available resources so as to achieve an adequate level of higher education in the most economic manner; to accommodate state priorities and the needs of individual students through implementation of a statewide enrollment plan; and to continue to recognize the constitutional and statutory responsibilities of duly constituted governing boards of statesupported institutions of higher education in Colorado. In this article, express powers and duties are delegated to a central policy and coordinating board, the Colorado commission on higher education, and the department of higher education is responsible for implementing the duly Colorado Revised Statutes 2019 Page 1 of 673 Uncertified Printout adopted policies of the Colorado commission on higher education. The ultimate authority and responsibility is expressly reserved to the general assembly, and it is the duty of the Colorado commission on higher education and the department of higher education to implement the policies of the general assembly. Source: L. 85: Entire article R&RE, p. 750, § 1, effective July 1. L. 94: Entire section amended, p. 1792, § 1, effective May 31. L. 2008: Entire section amended, p. 1470, § 1, effective May 28. Editor's note: This section is similar to former § 23-1-101 as it existed prior to 1985. 23-1-101.1. Definitions. As used in this article, unless the context otherwise requires: (1) "Commission" means the Colorado commission on higher education created and existing pursuant to this article. (2) "Department of higher education" or "department" means the department of higher education created and existing pursuant to section 24-1-114, C.R.S. (3) "Executive director" means the office of the executive director of the Colorado commission on higher education created and existing pursuant to section 24-1-114, C.R.S. Source: L. 2008: Entire section added, p. 1470, § 2, effective May 28. 23-1-102. Commission established - terms of office. (1) Repealed. (2) There is hereby established a central policy and coordinating board for higher education in the state of Colorado, to be known as the Colorado commission on higher education, referred to in this article as the "commission". The duties and powers delegated to the commission by this article apply to all state-supported institutions of higher education, including, but not limited to, all postsecondary institutions in the state supported in whole or part by state funds, and including community colleges, extension programs of the state-supported universities and colleges, local district colleges, area technical colleges, the Auraria higher education center established in article 70 of this title, and specifically the regents of the university of Colorado and the institutions it governs. The governing boards and institutions of the public system of higher education in Colorado, including the university of Colorado, are obligated to conform to the policies set by the commission within the authorities delegated to it in this article. (3) (a) The commission shall consist of eleven members to be appointed by the governor with the consent of the senate. The members of the commission shall be selected on the basis of their knowledge of and interest in higher education and shall serve for four-year terms; except that, of the members first appointed to the commission, five members shall serve for terms of two years, and four members shall serve for terms of four years. No member of the commission may serve more than two consecutive full four-year terms. (b) Repealed. (4) At the time of appointment, no member of the commission shall have been an officer, employee, or member of a governing board or an officer or employee of any statesupported institution of higher education in the state for a period of one year prior to his or her appointment. During his or her term of office, no member of the commission shall be a member Colorado Revised Statutes 2019 Page 2 of 673 Uncertified Printout of the general assembly or an officer, employee, or member of a governing board or an officer or employee of a state-supported institution of higher education. (5) The commission shall at no time have more than six members of any one major political party. Members of the commission shall receive seventy-five dollars per diem for attendance at official meetings plus actual and necessary expenses incurred in the conduct of official business. In appointing members of the commission, the governor shall consider geographic representation. Of the eleven members of the commission, at least one shall be from each congressional district, and at least one member of the commission shall reside west of the continental divide. (6) The commission shall meet as often as necessary to carry out its duties as defined in this article. (7) The term of any member of the commission who misses more than two consecutive regular commission meetings without good cause shall be terminated and his successor appointed in the manner provided for appointments under this section. (8) (a) Notwithstanding other provisions of this section, on or after July 1, 1999, the governor, with the consent of the senate, shall appoint two additional members to the commission for terms ending on June 30, 2003. Thereafter, members appointed pursuant to this subsection (8) shall serve for terms of four years. (b) (Deleted by amendment, L. 2000, p. 412, § 2, effective April 13, 2000.) Source: L. 85: Entire article R&RE, p. 750, § 1, effective July 1. L. 88: (3) amended, p. 840, § 1, effective April 20. L. 96: (6) amended, p. 1834, § 10, effective June 5. L. 99: (8) added, p. 880, § 4, effective July 1. L. 2000: (8) amended, p. 412, § 2, effective April 13. L. 2001: (3)(a), (4), and (5) amended, p. 145, § 1, effective March 23. L. 2004: (3)(b) repealed, p. 201, § 15, effective August 4. L. 2005: (1) repealed, p. 277, § 5, effective August 8. L. 2012: (2) amended, (SB 12-040), ch. 118, p. 401, § 1, effective April 16. L. 2016: (2) amended, (HB 161082), ch. 58, p. 142, § 8, effective August 10. Editor's note: This section is similar to former § 23-1-102 as it existed prior to 1985. 23-1-103. Advisory committee to the Colorado commission on higher education. (1) There is hereby established an advisory committee to the commission for the purpose of suggesting solutions for the problems and needs of higher education and maintaining liaison with the general assembly and the governing boards for state-supported institutions of higher education. The advisory committee shall consist of not less than thirteen members, to be designated as follows: (a) (I) Six members shall be appointed from the general assembly, including three senators, two of whom shall be from the majority party, appointed by the president of the senate, and one of whom shall be from the minority party, appointed by the senate minority leader, and three representatives, two of whom shall be from the majority party, appointed by the speaker of the house of representatives, and one of whom shall be from the minority party, appointed by the minority leader of the house of representatives. Except as provided in subparagraph (II) of this paragraph (a), the six members shall be appointed for terms of two years. (II) The terms of the members appointed by the speaker of the house of representatives and the president of the senate and who are serving on March 22, 2007, shall be extended to and Colorado Revised Statutes 2019 Page 3 of 673 Uncertified Printout expire on or shall terminate on the convening date of the first regular session of the sixty-seventh general assembly. As soon as practicable after such convening date, the speaker and the president shall each appoint or reappoint successors in the same manner as provided in subparagraph (I) of this paragraph (a). Thereafter, the terms of members appointed or reappointed by the speaker and the president shall expire on the convening date of the first regular session of each general assembly, and all subsequent appointments and reappointments by the speaker and the president shall be made as soon as practicable after such convening date. The person making the original appointment or reappointment shall fill any vacancy by appointment for the remainder of an unexpired term. Members appointed or reappointed by the speaker and the president shall serve at the pleasure of the appointing authority and shall continue in office until the member's successor is appointed. (b) One member shall be selected and designated by the commission to represent the faculty in the state and one member shall be selected and designated by the commission to represent the students in the state. On and after August 5, 2009, the commission shall select and designate one member who, at the time of designation, is a parent of a student who is enrolled in a state-supported institution of higher education in Colorado to represent the parents of students. (c) Not more than four additional members representing educational or other groups may be selected and designated by the commission to serve on the advisory committee. (2) Legislative members of the advisory committee shall receive compensation and reimbursement of expenses as provided in section 2-2-326, C.R.S. Members of the advisory committee not otherwise compensated by the state or a public educational institution shall receive thirty dollars per diem for attendance at official meetings plus reimbursement for actual and necessary expenses incurred in the conduct of official business. (3) All members of the advisory committee shall receive agendas and background material and be notified of all public meetings of the commission and shall be invited to attend for the purpose of suggesting solutions for the problems and needs of higher education and maintaining liaison with the general assembly. (4) In addition to any attendance at commission meetings, the committee shall meet as often as necessary to provide assistance to the commission. (5) Repealed. Source: L. 85: Entire article R&RE, p. 751, § 1, effective July 1. L. 86: (5) amended, p. 412, § 20, effective March 26. L. 89: (5) repealed, p. 1147, § 3, effective April 6. L. 2007: (1)(a) amended, p. 180, § 12, effective March 22. L. 2008: (1)(a)(I) amended, p. 1471, § 3, effective May 28. L. 2009: (1)(b) and (1)(c) amended, (SB 09-090), ch. 291, p. 1441, § 9, effective August 5. L. 2014: (2) amended, (SB 14-153), ch. 390, p. 1962, § 12, effective June 6. Editor's note: This section is similar to former § 23-1-103 as it existed prior to 1985. 23-1-103.5. Establishment of annual allowable cash fund revenues and expenditures by general assembly. (Repealed) Source: L. 93: Entire section added, p. 1510, § 13, effective June 6; entire section added, p. 2121, § 1, effective June 11. L. 2003: (2) amended, p. 480, § 1, effective March 5. L. 2008: Entire section repealed, p. 117, § 1, effective March 19. Colorado Revised Statutes 2019 Page 4 of 673 Uncertified Printout 23-1-104. Financing the system of postsecondary education - report. (1) (a) Repealed. (b) (I) For the 2010-11 fiscal year and for fiscal years beginning on or after July 1, 2016, the general assembly shall make annual appropriations of general fund moneys, of cash funds received from tuition income, and of moneys that are estimated to be received by an institution, under the direction and control of the governing board, as stipends, as defined in section 23-18102, and through fee-for-service contracts, as authorized in sections 23-1-109.7 and 23-18-303, as a single line item to each governing board for the operation of its campuses; except that, if the general assembly appropriates moneys, as described in paragraph (c) of this subsection (1), to the Colorado state forest service, the agricultural experiment station department of the Colorado state university, or the Colorado state university cooperative extension service, such moneys shall not be included within the single line item appropriations described in this paragraph (b). (II) For the 2010-11 fiscal year and for fiscal years beginning on or after July 1, 2016, the general assembly shall also make annual appropriations of cash funds, other than cash funds received as tuition income or as fees, as a single line item to each governing board for the operation of its campuses. Each governing board shall allocate said cash fund appropriations to the institutions under its control in the manner deemed most appropriate by the governing board; except that, if the general assembly appropriates money pursuant to section 23-31.5-112, that money is not included within the single line item appropriation described in this subsection (1)(b)(II). (c) In addition to any appropriations made pursuant to paragraph (a) or (b) of this subsection (1), the general assembly may make annual appropriations of general fund moneys and of moneys received pursuant to a fee-for-service contract negotiated by the board of governors of the Colorado state university system and the department of higher education, as described in section 23-18-303, as separate line items to: (I) The Colorado state forest service described in part 3 of article 31 of this title; (II) The agricultural experiment station department of the Colorado state university described in part 6 of article 31 of this title; and (III) The Colorado state university cooperative extension service described in part 7 of article 31 of this title. (d) In accordance with the provisions of section 5 of article VIII of the state constitution, the governing boards of the state institutions of higher education shall have control and direction of any moneys received by their respective institutions in addition to the moneys appropriated pursuant to this subsection (1), unless otherwise provided by statute. (2) Notwithstanding any provision of this section to the contrary, beginning in the 201112 fiscal year and for each fiscal year thereafter through the 2020-21 fiscal year, the general assembly shall appropriate moneys to the governing board of the Colorado school of mines in accordance with section 23-41-104.7, through fee-for-service contracts, as authorized in sections 23-1-109.7 and 23-18-303, and as stipends, as defined in section 23-18-102, as a single line item to said governing board. (3) (a) Notwithstanding the provisions of section 24-75-102, the governing boards are authorized to retain all money appropriated pursuant to this section or otherwise generated from fiscal year to fiscal year. (b) All moneys raised by a governing board shall be available for expenditure by such governing board and shall not be transferred or otherwise made available for expenditure by any Colorado Revised Statutes 2019 Page 5 of 673 Uncertified Printout other governing board or by a state entity or state agency; except that said moneys may be transferred to the department of higher education or the Colorado commission on higher education to the extent required to pay indirect cost assessments, as defined in section 24-75-112 (1)(f), C.R.S. (3.5) Each governing board shall report to the Colorado commission on higher education, using approved forms, the institution's plans for any tuition or other proposed increases for the following fiscal year. The commission shall review the plans and make recommendations to the general assembly during the annual budget process. (4) (a) On or before November 10, 2010, each governing board shall submit to the commission and to the joint budget committee of the general assembly a report describing, with regard to each institution under its governance, the governing board's plans to fund the institution in the following fiscal year if the general assembly reduces overall state funding for higher education by fifty percent. (b) Each governing board's report prepared pursuant to this subsection (4) shall specifically address the manner in which the institutions governed by the governing board shall serve students who graduate from Colorado high schools and are enrolling as first-time freshmen students and meet one or more of the following criteria: (I) The student's family is low-income and the student is likely to incur significant student debt in attending an institution of higher education; (II) The student's parents did not attend postsecondary education and may not have graduated from high school; (III) The student is a member of an underrepresented population; or (IV) The student has limited access to technologies to support learning. Source: L. 85: Entire article R&RE, p. 752, § 1, effective July 1. L. 87: (1) amended, p. 839, § 1, effective June 16. L. 89: (1)(c) amended, p. 975, § 1, effective May 26; (2) amended, p. 1643, § 5, effective June 5. L. 90: (3) amended, p. 1138, § 1, effective July 1. L. 93: (1)(a), (2), and (3) amended, p. 1511, § 14, effective June 6; (1)(a)(I) amended, p. 2122, § 2, effective June 11. L. 96: (1)(a)(III) added, p. 790, § 2, effective May 23; (1)(a)(I) amended and (1.5) added, p. 1830, § 2, effective June 5. L. 97: (1.5) amended, p. 1644, § 2, effective June 5. L. 2002: (4), (5), and (6) added, p. 1279, § 4, effective July 1; (7) and (8) added, p. 1259, § 17, effective July 1. L. 2003: (4)(c.5) and (7)(b.5) added, p. 397, § § 1, 2, effective March 5; IP(5) and (6)(c) amended and (5.5) and (9) added, p. 775, § 3, effective March 25; (7)(a), (7)(b), and (8)(b) amended, p. 1993, § 36, effective May 22. L. 2004: (8)(b) amended, p. 1200, § 59, effective August 4; (1)(a)(I) and (1)(d) amended, p. 718, § 7, effective July 1, 2005; (1.5)(b) and (2)(c) added by revision, pp. 723, 724, §§ 15, 18. L. 2008: (1)(a)(II) amended, p. 118, § 2, effective March 19; (1)(a)(I) amended, p. 274, § 1, effective March 31; (1)(a)(I) amended and (1)(a)(IV) added, p. 980, § 1, effective May 21. L. 2010: Entire section R&RE, (SB 10-003), ch. 391, p. 1839, § 4, effective June 9. L. 2011: (1)(b)(II) amended, (HB 11-1301), ch. 297, p. 1418, § 4, effective August 10; (2) amended, (HB 11-1074), ch. 61, p. 160, § 2, effective August 10. L. 2014: (1)(a)(I), (1)(b)(I), IP(1)(c), and (2) amended, (HB 14-1319), ch. 169, p. 612, § 9, effective May 9. L. 2016: (1)(b)(II) amended, (SB 16-191), ch. 214, p. 825, § 1, effective July 1. L. 2017: (3)(a) amended and (3.5) added, (SB 17-297), ch. 210, p. 819, § 9, effective May 18. L. 2019: (1)(b)(II) amended, (HB 19-1311), ch. 344, p. 3193, § 2, effective August 2. Colorado Revised Statutes 2019 Page 6 of 673 Uncertified Printout Editor's note: (1) Subsections (7) and (8) were originally numbered as (4) and (5) in House Bill 02-1419 but were renumbered on revision for ease of location. (2) Prior to the repeal and reenactment of this section in 2010, subsection (1)(b) provided for the repeal of subsection (1)(b), effective July 1, 1989. (See L. 87, p. 839.) Subsection (1)(c)(II) provided for the repeal of subsection (1)(c), effective July 1, 1991. (See L. 89, p. 975.) Subsection (4)(d) provided for the repeal of subsection (4), effective July 1, 2003. (See L. 2002, p. 1279.) Subsection (7)(c) provided for the repeal of subsection (7), effective July 1, 2003. (See L. 2002, p. 1259.) Subsection (9)(b) provided for the repeal of subsection (9), effective July 1, 2004. (See L. 2003, p. 775). Subsection (1.5)(b) provided for the repeal of subsection (1.5), effective July 1, 2005. (See L. 2004, pp. 723, 724.) Subsection (2)(c) provided for the repeal of subsection (2), effective July 1, 2005. (See L. 2004, pp. 723, 724.) (3) Amendments to subsection (1)(a)(I) by House Bill 08-1320 and Senate Bill 08-232 were harmonized. (4) Subsection (1)(a)(II) provided for the repeal of subsection (1)(a), effective July 1, 2016. (See L. 2010, p. 1839.) Cross references: For the legislative declaration contained in the 2002 act enacting subsections (4), (5), and (6), see section 1 of chapter 307, Session Laws of Colorado 2002. For the legislative declaration contained in the 2002 act enacting subsections (7) and (8), see section 1 of chapter 303, Session Laws of Colorado 2002. For the legislative findings and declarations contained in the 2004 act amending subsections (1)(a)(I) and (1)(d), see section 1 of chapter 215, Session Laws of Colorado 2004. For the legislative declaration in the 2010 act amending this section, see section 1 of chapter 391, Session Laws of Colorado 2010. 23-1-105. Duties and powers of the commission with respect to appropriations. (1) The commission shall prescribe uniform financial reporting policies, including policies for counting and classifying full-time equivalent students, for the institutions and governing boards within the state-supported system of higher education. (2) to (3.7) Repealed. (4) The commission may seek, receive, and disburse federal, state, and private grants, gifts, and trusts for statewide or multiinstitutional purposes. (5) The commission, after consultation with the governing boards of institutions, shall establish policies for the public system of higher education for determining student residency status for tuition classification purposes within statutory guidelines established in article 7 of this title. (6) and (7) Repealed. (8) The funding recommendations made by the commission for state-supported institutions of higher education and by the executive director for the divisions of the department of higher education shall be made to the governor and the general assembly as a part of the budget request for the department of higher education and shall be submitted in accordance with the budget procedures of part 3 of article 37 of title 24, C.R.S., and in conformance with section 24-75-201.1, C.R.S. (9) to (11) Repealed. Colorado Revised Statutes 2019 Page 7 of 673 Uncertified Printout Source: L. 85: Entire article R&RE, p. 753, § 1, effective July 1. L. 87: (7) amended, p. 842, § 1, effective June 1. L. 90: (6) amended and (8) added, p. 1143, § 1, effective June 7; (7) repealed, p. 1142, § 9, effective July 1. L. 92: (6) amended, p. 560, § 1, effective March 25. L. 93: IP(3) amended, p. 1519, § 24, effective June 6; (3.5) added, p. 2122, § 3, effective June 11. L. 94: (9) added, p. 42, § 1, effective March 11; (3.5)(a) amended, p. 1681, § 8, effective May 31. L. 95: (3.5)(a) and (3.5)(b) amended and (10) added, pp. 56, 48, §§ 5, 1, effective March 20. L. 96: (11) added, p. 88, § 1, effective March 20; (2) and (3.5)(a) amended, (3)(d) and (3.7) added, and (6) repealed, pp. 1831, 1835, §§ 4, 3, 11, effective June 5. L. 97: (3.5) and (9) to (11) repealed and (3.7)(a) amended, p. 1644, §§ 1, 3, effective June 5. L. 2003: (8) amended, p. 1994, § 37, effective May 22. L. 2004: (2)(b) and (3.1) added by revision, pp. 723, 724, §§ 15, 18. L. 2008: (8) amended, p. 1471, § 4, effective May 28. L. 2011: (3.7) repealed, (SB 11-052), ch. 232, p. 999, § 5, effective May 27. Editor's note: (1) This section is similar to former § 23-1-105 as it existed prior to 1985. (2) Subsection (2)(b) provided for the repeal of subsection (2), effective July 1, 2005. (See L. 2004, pp. 723, 724.) Subsection (3.1) provided for the repeal of subsections (3) and (3.1), effective July 1, 2005. (See L. 2004, pp. 723, 724.) Cross references: For the legislative findings and declarations contained in the 2004 act, see section 1 of chapter 215, Session Laws of Colorado 2004. For the legislative declaration in the 2011 act repealing subsection (3.7), see section 1 of chapter 232, Session Laws of Colorado 2011. 23-1-105.5. Duties and powers of the commission with respect to student fees report on tuition and fees. (1) (a) The commission shall adopt policies concerning the collection and use of student fees by the governing boards of the state institutions of higher education, as defined in section 23-5-119.5. The policies may address, but need not be limited to, the purposes for student fees categories of student fees, the distinctions between tuition revenue and student fee revenue, accounting for student fee revenue, student fee fund balances, the minimum level of student involvement in the processes for establishing, reviewing, changing the amount of, and discontinuing student fees, and student fees that apply to a student concurrently enrolled pursuant to article 35 of title 22. In preparing the policies, the commission shall seek input from the governing boards, the state institutions of higher education, and the student representative to the advisory committee created pursuant to section 23-1-103 and representatives of the student governments at the state institutions of higher education. (b) The commission may waive the requirements of the policies adopted pursuant to this subsection (1). (2) (a) On or before January 15, 2018, and on or before January 15 each year thereafter, the department shall report to the joint budget committee and the education committees of the house of representatives and the senate, or any successor committees, concerning the governing boards' fee policies, the collection and use of student fees, and tuition rates. (b) Notwithstanding the provisions of section 24-1-136 (11)(a)(I) to the contrary, the report required pursuant to subsection (2)(a) of this section continues indefinitely. Colorado Revised Statutes 2019 Page 8 of 673 Uncertified Printout Source: L. 2011: Entire section added, (HB 11-1301), ch. 297, p. 1417, § 3, effective August 10. L. 2017: Entire section amended, (SB 17-297), ch. 210, p. 815, § 1, effective May 18. 23-1-106. Duties and powers of the commission with respect to capital construction and long-range planning - legislative declaration - report - definitions. (1) Except as permitted by subsection (9) of this section, it is declared to be the policy of the general assembly not to authorize any activity requiring capital construction or capital renewal for state institutions of higher education unless approved by the commission. (2) The commission shall, after consultation with the appropriate governing boards of the state institutions of higher education and the appropriate state agencies, have authority to prescribe uniform policies, procedures, and standards of space utilization for the development and approval of capital construction or capital renewal programs by institutions. (3) The commission shall review and approve facility master plans for all state institutions of higher education on land owned or controlled by the state or an institution and capital construction or capital renewal program plans for projects other than those projects described in subsection (9) of this section. The commission shall forward the approved facility master plans to the office of the state architect. Except for those projects described in subsection (9) of this section, no capital construction or capital renewal shall commence except in accordance with an approved facility master plan and program plan. (4) The commission shall ensure conformity of facilities master planning with approved educational master plans and facility program plans with approved facilities master plans. (5) (a) The commission shall approve plans for any capital construction or capital renewal project at any state institution of higher education regardless of the source of funds; except that the commission need not approve plans for any capital construction or capital renewal project at a local district college or area technical college or for any capital construction or capital renewal project described in subsection (9) of this section. (b) The commission may except from the requirements for program and physical planning any project that requires two million dollars or less if the capital construction project is for new construction and funded solely from cash funds held by the institution or the project is funded through the higher education revenue bond intercept program established pursuant to section 23-5-139, or ten million dollars or less if the project is not for new construction and is funded solely from cash funds held by the institution. (6) (a) The commission shall request annually from each governing board of each state institution of higher education a five-year projection of capital construction or capital renewal projects to be constructed but not including those projects described in subsection (9) of this section. The projection must include the estimated cost, the method of funding, a schedule for project completion, and the governing board-approved priority for each project. The commission shall determine whether a proposed project is consistent with the role and mission and master planning of the institution and conforms to standards recommended by the commission. (b) The commission shall request annually from the governing board of each state institution of higher education a two-year projection of capital construction projects to be undertaken pursuant to subsection (9) of this section and estimated to require total project expenditures exceeding two million dollars if the capital construction project is for new acquisitions of real property or new construction and funded solely from cash funds held by the Colorado Revised Statutes 2019 Page 9 of 673 Uncertified Printout institution or the project is funded through the higher education revenue bond intercept program established pursuant to section 23-5-139, or exceeding ten million dollars if the project is not for new acquisitions of real property or new construction and is funded solely from cash funds held by the institution. The projection must include the estimated cost, the method of funding, and a schedule for project completion for each project. A state institution of higher education shall amend the projection prior to commencing a project that is not included in the institution's most recent projection. (7) (a) The commission annually shall prepare a unified, five-year capital improvements report of projects to be constructed, but not including those capital construction or capital renewal projects to be undertaken pursuant to subsection (9) of this section, coordinated with education plans. Notwithstanding section 24-1-136 (11)(a)(I), the commission shall transmit the report to the office of state planning and budgeting, the office of the state architect, the capital development committee, and the joint budget committee, consistent with the executive budget timetable, together with a recommended priority of funding of capital construction or capital renewal projects for the system of public higher education. The commission shall annually transmit the recommended priority of funding of capital construction or capital renewal projects to the capital development committee no later than November 1 of each year. (b) Except as provided in subsections (5) and (15) of this section, it is the policy of the general assembly to appropriate funds only for capital construction or capital renewal projects approved by the commission. (c) (I) (A) The commission annually shall prepare a unified, two-year report for capital construction or capital renewal projects described in subsection (9) of this section that are not for new acquisitions of real property or new construction and are estimated to require total project expenditures exceeding ten million dollars, coordinated with education plans. The commission shall transmit the report to the office of state planning and budgeting, the governor, the capital development committee, and the joint budget committee, consistent with the executive budget timetable. (B) The commission annually shall prepare a unified, two-year report for capital construction projects for new acquisitions of real property or for new construction, estimated to require total project expenditures exceeding two million dollars, coordinated with education plans. The commission shall transmit the report to the office of state planning and budgeting, the governor, the capital development committee, and the joint budget committee, consistent with the executive budget timetable. (II) (A) The commission shall submit the two-year projections prepared by each state institution of higher education for each two-year period to the office of state planning and budgeting and the capital development committee. The capital development committee shall conduct a hearing in each regular legislative session on the projections and either approve the projections or return the projections to the state institution of higher education for modification. The commission and the office of state planning and budgeting shall provide the capital development committee with comments concerning each projection. (B) A state institution of higher education may submit to the staff of the capital development committee, the commission, and the office of state planning and budgeting an amendment to its approved two-year projection. The capital development committee shall conduct a hearing on the amendment within thirty days after submission during a regular legislative session of the general assembly or within forty-five days after submission during any Colorado Revised Statutes 2019 Page 10 of 673 Uncertified Printout period that the general assembly is not in regular legislative session. The capital development committee shall either approve the projections or return the projections to the state institution of higher education for modification. The commission and the office of state planning and budgeting shall provide the capital development committee with comments concerning each amendment. (8) Repealed. (9) (a) Except as provided in paragraph (d) of this subsection (9), a capital construction or capital renewal project for an auxiliary facility initiated by the governing board of a state institution of higher education that is contained in the most recent two-year projection approved pursuant to subparagraph (II) of paragraph (c) of subsection (7) of this section, as the projection may be amended from time to time, and that is to be acquired or constructed and operated and maintained solely from cash funds held by the institution is not subject to additional review or approval by the commission, the office of state planning and budgeting, the capital development committee, or the joint budget committee; except that, if the capital construction or capital renewal project for an auxiliary facility is to be acquired or constructed in whole or in part using moneys subject to the higher education revenue bond intercept program established pursuant to section 23-5-139, then the governing board of a state institution of higher education must obtain approval from the general assembly as specified in that section. (b) Except as provided in paragraph (d) of this subsection (9), a capital construction or capital renewal project for an academic facility initiated by the governing board of a state institution of higher education that is contained in the most recent two-year projection approved pursuant to subparagraph (II) of paragraph (c) of subsection (7) of this section, as the projection may be amended from time to time, and that is to be acquired or constructed solely from cash funds held by the institution and operated and maintained from such funds or from state moneys appropriated for such purpose, or both, is not subject to additional review or approval by the commission, the office of state planning and budgeting, the capital development committee, or the joint budget committee; except that, if the capital construction or capital renewal project for an academic facility is to be acquired or constructed in whole or in part using moneys subject to the higher education revenue bond intercept program established pursuant to section 23-5-139, then the governing board of a state institution of higher education must obtain approval from the general assembly as specified in that section. Any capital construction or capital renewal project subject to this paragraph (b) must comply with the high performance standard certification program established pursuant to section 24-30-1305.5, C.R.S. (c) Each governing board shall ensure, consistent with its responsibilities as set forth in section 5 (2) of article VIII of the state constitution, that a capital construction or capital renewal project initiated pursuant to this subsection (9) is in accordance with its institution's mission, be of a size and scope to provide for the defined program needs, and be designed in accordance with all applicable building codes and accessibility standards. (d) (I) (Deleted by amendment, L. 2016.) (II) A plan for a capital construction or capital renewal project is not subject to review or approval by the commission if such project is: (A) Estimated to require total expenditures of two million dollars or less if the capital construction project is for new acquisitions of real property or for new construction and funded solely from cash funds held by the institution or the project is funded through the higher education revenue bond intercept program established pursuant to section 23-5-139; or Colorado Revised Statutes 2019 Page 11 of 673 Uncertified Printout (B) Estimated to require total expenditures of ten million dollars or less if the project is not for new acquisitions of real property or for new construction and is funded solely from cash funds held by the institution. (e) A capital construction or acquisition project approved and appropriated prior to January 1, 2010, may be contained in the most recent unified two-year capital improvements project projection approved pursuant to subparagraph (II) of paragraph (c) of subsection (7) of this section. The projection may be amended from time to time and is not subject to additional review or approval by the commission, the office of state planning and budgeting, the capital development committee, or the joint budget committee. (f) The governing board of a state institution of higher education that enters into an agreement to lease a building from a school district, as authorized in section 22-32-110 (1)(f.5), C.R.S., shall notify the capital development committee of the existence of the agreement and provide to the committee a summary of the terms of the agreement. (10) Repealed. (10.2) (a) (I) Notwithstanding any law to the contrary and except as provided in subsection (10.2)(a)(III) of this section, all academic facilities acquired or constructed, or an auxiliary facility repurposed for use as an academic facility, solely from cash funds held by the state institution of higher education and operated and maintained from such cash funds or from state money appropriated for such purpose, or both, including, but not limited to, those facilities described in subsection (9)(b) of this section, that did not previously qualify for state controlled maintenance funding will qualify for state controlled maintenance funding, subject to funding approval by the capital development committee and the eligibility guidelines described in section 24-30-1303.9. (II) For purposes of this subsection (10.2)(a), the eligibility for state controlled maintenance funding commences on the date of the acceptance of the construction or repurposing of the facility or the closing date of any acquisition. The date of the acceptance of construction or repurposing shall be determined by the office of the state architect. (III) If an academic facility is acquired or constructed, or if an auxiliary facility is repurposed for use as an academic facility, solely from cash funds held by the state institution of higher education and operated and maintained from such cash funds, then as of the date of the acceptance of construction or repurposing that occurs on or after July 1, 2018, the facility is not eligible for controlled maintenance funding. (b) (I) The general assembly hereby finds, determines, and declares that the classification of facilities as academic facilities or auxiliary facilities can be difficult, and such classifications often change as academic needs, student needs, and new construction and design practices emerge. Therefore, the office of the state architect, in collaboration with the department of higher education and the office of state planning and budgeting, shall develop guidelines in order to assist such classification. The guidelines shall be annually reviewed and approved by the capital development committee. The guidelines must address the following two factors that have historically been considered when classifying academic facilities and auxiliary facilities: (A) The funding source for the facility; and (B) The nature and use of the facility. (II) The guidelines established pursuant to this paragraph (b) must use the definitions set forth in subsection (10.3) of this section. (10.3) As used in this section, unless the context otherwise requires: Colorado Revised Statutes 2019 Page 12 of 673 Uncertified Printout (a) "Academic facility" means any facility, including any supporting utility infrastructure and site improvements, that is central to the role and mission of each state institution of higher education as set forth in this title. Examples include, but are not limited to, classrooms, libraries, and administrative buildings. (b) "Auxiliary facility" means any facility, including any supporting utility infrastructure and site improvements, funded from an auxiliary source such as housing or parking revenue or any facility that has been historically managed as an auxiliary facility and is accounted for in financial statements of state institutions of higher education as a self-supporting facility. Examples include, but are not limited to, housing facilities, dining facilities, recreational facilities, and student activities facilities. (c) "Capital construction" has the same meaning as set forth in section 24-30-1301 (2), C.R.S. (d) "Capital renewal" has the same meaning as set forth in section 24-30-1301 (3), C.R.S. (e) "Facility" has the same meaning as set forth in section 24-30-1301 (8), C.R.S. (e.5) "Real property" has the same meaning as set forth in section 24-30-1301 (15), C.R.S. (f) "State institution of higher education" means a state institution of higher education as defined in section 23-18-102 (10), and the Auraria higher education center created in article 70 of this title. (10.5) (a) For any project subject to subsection (9) of this section, if, after commencement of construction, the governing board of the state institution of higher education receives an additional gift, grant, or donation for the project, the governing board may amend the project without the approval of the commission, the office of state planning and budgeting, the capital development committee, or the joint budget committee so long as the governing board notifies the commission, the office of state planning and budgeting, the capital development committee, and the joint budget committee in writing, explaining how the project has been amended and verifying the receipt of the additional gift, grant, or donation. (b) For any project subject to subsection (9) of this section, the governing board may enhance the project in an amount not to exceed fifteen percent of the original estimate of the cost of the project without the approval of the commission, the office of state planning and budgeting, the capital development committee, or the joint budget committee so long as the governing board notifies the commission, the office of state planning and budgeting, the capital development committee, and the joint budget committee in writing, explaining how the project has been enhanced and the source of the moneys for the enhancement. (c) For any project subject to subsection (9) of this section, the governing board of the state institution of higher education implementing the project is not required to submit for the project quarterly expenditure reports as described in section 24-30-204 (2), C.R.S. The governing board shall submit for the project annual expenditure reports as required in section 2430-204 (1), C.R.S. (11) (a) Each state institution of higher education shall submit to the commission on or before September 1 of each year a list and description of each project for which an expenditure was made during the immediately preceding fiscal year that: (I) Was not subject to review by the commission pursuant to subsection (9) of this section; Colorado Revised Statutes 2019 Page 13 of 673 Uncertified Printout (II) Repealed. (III) Was estimated to require total expenditures of two million dollars or less if the capital construction project is for new acquisitions of real property or for new construction and was funded solely from cash funds held by the institution or the project was funded through the higher education revenue bond intercept program established pursuant to section 23-5-139, or was estimated to require total expenditures of ten million dollars or less if the project was not for new acquisitions of real property or for new construction and was funded solely from cash funds held by the institution; or (IV) Was amended or enhanced after commencement of construction pursuant to subsection (10.5) of this section. (b) Notwithstanding section 24-1-136 (11)(a)(I), the commission shall submit a compilation of the projects to the office of the state architect and the capital development committee on or before December 1 of each year. (12) Each state institution of higher education shall submit to the commission a facility management plan or update required by section 24-30-1303.5 (3.5), C.R.S. The commission shall review the facility management plan or update and make recommendations regarding it to the office of the state architect. (13) (Deleted by amendment, L. 2014.) (14) With the commission's approval, beginning July 1, 2017, a state institution of higher education is not subject to facility master plan approval described in subsections (3) and (4) of this section, so long as the governing board of the institution approves each plan, notifies the commission of its approval, and makes the plan available to the commission. Such institution is also exempt from the provisions of subsection (5) of this section for a project the cost of which does not exceed two million dollars. (15) With the commission's approval, beginning July 1, 2017, and notwithstanding the provisions of subsection (7)(b) of this section, a state institution of higher education is not required to submit projects for facilities to the commission for approval pursuant to subsection (6)(b) of this section so long as the institution annually submits a report to the capital development committee that is substantially similar in content to the report concerning capital construction projects described in subsection (6)(b) of this section. Source: L. 85: Entire article R&RE, p. 754, § 1, effective July 1. L. 92: (9) added, p. 583, § 2, effective June 1. L. 93: (9) amended, p. 1825, § 8, effective June 6. L. 94: (5) amended, p. 1795, § 3, effective May 31. L. 2001: (5) and (9) amended and (10) and (11) added, p. 664, § 1, effective August 8; (7)(a) amended, p. 492, § 1, effective August 8. L. 2003: (12) added, p. 962, § 1, effective July 1. L. 2005: (5)(a), (9)(a), and (10) amended, p. 1016, § 9, effective June 2. L. 2008: (5)(b), (9)(a), (9)(c), and (10) amended, p. 260, § 1, effective March 31; (8) amended, p. 1471, § 5, effective May 28. L. 2009: (1), (3), (6), (7), (8), and (11) amended and (10.5) and (13) added, (SB 09-290), ch. 374, p. 2035, § 1, effective August 5; (9) and (10)(a) amended, (SB 09-290), ch. 374, p. 2038, § 2, effective January 1, 2010. L. 2010: (3), (5)(a), (6), (7)(a), (7)(c)(I), (9), (10), (10.5)(a), and (11)(a)(IV) amended and (8) repealed, (SB 10-003), ch. 391, p. 1854, 1853, §§ 35, 34, effective June 9. L. 2011: (9)(e) and (10)(c) added and (10.5) amended, (HB 11-1301), ch. 297, p. 1429, §§ 25, 26, 27, effective August 10. L. 2012: (9)(a), (9)(b), (10)(a)(I), and (10)(a)(II) amended and (10.2) and (10.3) added, (SB 12-040), ch. 118, p. 401, § 2, effective April 16; (1) amended, (HB 12-1081), ch. 210, p. 902, § 2, effective August 8. Colorado Revised Statutes 2019 Page 14 of 673 Uncertified Printout L. 2014: Entire section amended, (HB 14-1387), ch. 378, p. 1829, § 34, effective June 6; (10.3)(c) amended, (HB 14-1395), ch. 309, p. 1309, § 7, effective June 6. L. 2015: (3), (7)(a), (11)(b), and (12) amended, (SB 15-270), ch. 296, p. 1216, § 15, effective June 5. L. 2016: (1), (3), (5)(a), (6), (7)(a), (7)(c)(I), (9), (10.2)(a)(I), and (10.5) amended and (10) and (11)(a)(II) repealed, (SB 16-204), ch. 222, p. 848, § 2, effective June 6; (5)(a) amended, (HB 16-1082), ch. 58, p. 142, § 9, effective August 10; (5)(b), (6)(b), (7)(c)(I), (9)(d)(II), and (11)(a)(III) amended and (10.3)(e.5) added, (HB 16-1459), ch. 317, p. 1279, § 1, effective August 10; (9)(f) added, (SB 16-209), ch. 235, p. 951, § 4, effective August 10. L. 2017: (7)(b) amended and (14) and (15) added, (SB 17-297), ch. 210, p. 816, § 2, effective May 18; (10.2)(a) amended, (SB 17-267), ch. 267, p. 1439, § 5, effective May 30; (7)(a) and (11)(b) amended, (HB 17-1251), ch. 253, p. 1057, § 2, effective August 9. L. 2018: (7)(c)(I)(B) amended, (HB 18-1375), ch. 274, p. 1704, § 31, effective May 29. Editor's note: (1) This section is similar to former § 23-1-106 as it existed prior to 1985. (2) (a) Amendments to subsection (5)(a) by SB 16-204 and HB 16-1082 were harmonized. (b) Amendments to subsections (6), (6)(b), (7)(c)(I), (9), and (9)(d)(II) by SB 16-204 and HB 16-1459 were harmonized. Cross references: For the legislative declaration in the 2010 act amending subsections (3), (5)(a), (6), (7)(a), (7)(c)(I), (9), (10), (10.5)(a), and (11)(a)(IV) and repealing subsection (8), see section 1 of chapter 391, Session Laws of Colorado 2010. For the legislative declaration in HB 14-1387, see section 1 of chapter 378, Session Laws of Colorado 2014. For the legislative declaration in SB 17-267, see section 1 of chapter 267, Session Laws of Colorado 2017. 23-1-106.3. Duties and powers of the commission - capital construction projects federal mineral lease revenues fund - higher education institutions lease-purchase cash fund. (1) (a) As soon as possible after May 12, 2008, the commission, after consultation with the appropriate governing boards of state-supported institutions of higher education, shall submit to the office of state planning and budgeting and to the capital development committee of the general assembly, established pursuant to section 2-3-1302, C.R.S., a prioritized list of capital construction projects at the state-supported institutions of higher education to be constructed using lease-purchase agreements funded through the higher education federal mineral lease revenues fund established pursuant to section 23-19.9-102 (1) and referred to in this section as the "revenues fund". As soon as possible after receipt of the list from the commission, the office of state planning and budgeting shall submit to the capital development committee a prioritized list of capital construction projects at state-supported institutions of higher education to be constructed using lease-purchase agreements funded through the revenues fund. (b) (I) As soon as possible after receipt of the prioritized list from the office of state planning and budgeting, the capital development committee shall review the prioritized lists submitted by the commission and the office of state planning and budgeting and shall submit to the joint budget committee of the general assembly a prioritized list of capital construction projects at state-supported institutions of higher education to be constructed using lease-purchase agreements funded through the revenues fund. Colorado Revised Statutes 2019 Page 15 of 673 Uncertified Printout (II) As soon as possible after receipt of the prioritized list from the capital development committee, the joint budget committee shall review the prioritized list submitted by the capital development committee and shall sponsor a joint resolution specifying a prioritized list of capital construction projects at state-supported institutions of higher education to be constructed using lease-purchase agreements funded through the revenues fund. The resolution shall contain a listing of the maximum amount of principal to be raised through lease-purchase agreements to be paid from the revenues fund, the minimum amount of principal to be contributed by the institution, and the total anticipated cost of the project. (III) If approved by the general assembly, the joint resolution shall be presented to the governor in accordance with section 39 of article V of the state constitution. (IV) The anticipated annual state-funded payments for the principal and interest components of amount payable under all lease-purchase agreements on the projects listed in the joint resolution adopted and approved pursuant to this paragraph (b) entered into during the fiscal year commencing July 1, 2008, shall not exceed an average of sixteen million two hundred thousand dollars per year for the first ten years of payments and sixteen million eight hundred thousand dollars per year during the second ten years of payments. (V) To the extent that any projects on the prioritized list contained in the joint resolution introduced and approved pursuant to this subsection (1) are not the subject of lease-purchase agreements entered into pursuant to subsection (3) of this section and to the extent that the state treasurer determines that there is sufficient money in the revenues fund to enter into an additional lease-purchase agreement or agreements during the fiscal year commencing July 1, 2009, the remaining projects on the prioritized list in the joint resolution shall be the prioritized list for lease-purchase agreements entered into during the fiscal year commencing July 1, 2009. (2) (a) On or before August 15, 2009, and on or before August 15 of each year thereafter through August 15, 2015, the state treasurer shall notify the commission, the office of state planning and budgeting, the capital development committee, and the joint budget committee of the amount of money in the revenues fund and whether the treasurer determines that there are sufficient moneys in the revenues fund to enter into additional lease-purchase agreements to be funded from the revenues fund. On and after April 14, 2016, the state shall not enter into any additional lease-purchase agreements to be funded from the revenues fund. (b) After the notification required by paragraph (a) of this subsection (2) is received, and the treasurer has determined that there are sufficient moneys in the revenues fund to enter into additional lease-purchase agreements, the commission, the office of state planning and budgeting, the capital development committee, and the joint budget committee, pursuant to the procedures established in subsection (1) of this section, may promptly consider a new prioritized list of capital construction projects at state-supported institutions of higher education to be constructed using lease-purchase agreements funded through the revenues fund. A joint resolution introduced pursuant to this paragraph (b) shall also include a statement of the maximum average anticipated state-funded payments under all lease-purchase agreements to be authorized through the joint resolution. (3) (a) (I) Notwithstanding the provisions of sections 24-82-102 (1)(b) and 24-82-801, C.R.S., the state of Colorado, acting by and through the state treasurer, is authorized to execute lease-purchase agreements each for no more than twenty years of annual payments on the projects listed in the joint resolution adopted and approved pursuant to paragraph (b) of subsection (1) of this section or paragraph (b) of subsection (2) of this section. The leaseColorado Revised Statutes 2019 Page 16 of 673 Uncertified Printout purchase agreements authorized pursuant to this paragraph (a) may be for the total amount of the project cost as reflected in the joint resolution. A state-supported institution of higher education may either contribute the full amount of its share of the cost of the project at the commencement of the project or may have its share of the cost of the project included in the lease-purchase agreement. Based upon the total amount of money that one or more lease-purchase agreements is able to raise, the treasurer shall enter into lease-purchase agreements in the order of the prioritized list contained in the joint resolution; except that, if, after funding all previous projects on the list, the amount of money is insufficient to fund the entire project that is next on the list, the treasurer may enter into a lease-purchase agreement on the next project or projects on the list that may be completely funded. (II) The state treasurer shall ensure that each state-supported institution of higher education submits a certificate of completion no later than August 1, 2012, for each project funded in whole or in part by the lease-purchase agreement entered into by the state treasurer in 2008 pursuant to this section. After such certificates of completion are received by the state treasurer, the state treasurer and the state controller shall calculate the amount of unspent proceeds raised through the 2008 lease-purchase agreement. The state treasurer and the state controller shall also calculate the amount of the unspent institutional shares of the total project costs. The state treasurer and state controller shall provide these amounts to the capital development committee in writing no later than August 15, 2012. No later than thirty days after receiving such amounts, the capital development committee shall hold a public meeting during the interim between the second regular session of the sixty-eighth general assembly and the first regular session of the sixty-ninth general assembly to decide, by majority vote, what the unspent proceeds raised through the 2008 lease-purchase agreement and the unspent institutional shares of the total project costs should be used to fund. The capital development committee's decision shall be limited to funding capital construction projects at state-supported institutions of higher education or, so long as such projects are identified as eligible by bond counsel, controlled maintenance projects at state-supported institutions of higher education. The capital development committee shall communicate the decision to the state treasurer in writing, and the state treasurer shall ensure that the approved project or projects are funded from the unspent proceeds raised through the 2008 lease-purchase agreement and the unspent institutional shares of the total project costs as soon as possible. (b) (I) The state of Colorado, acting by and through the state treasurer, at the state treasurer's sole discretion, may enter into one or more lease-purchase agreements authorized by paragraph (a) of this subsection (3) with any for-profit or nonprofit corporation, trust, or commercial bank as a trustee, as lessor, including but not limited to the Colorado educational and cultural facilities authority created pursuant to section 23-15-104. (II) (A) Any lease-purchase agreement authorized pursuant to paragraph (a) of this subsection (3) shall provide that all of the obligations of the state under the agreement shall be subject to the action of the general assembly in annually making moneys available for all payments thereunder. Payments under any lease-purchase agreement shall be made from the revenues fund and any money in the higher education institutions lease-purchase cash fund established in subsection (4) of this section. (B) Each agreement shall also provide that the obligations of the state shall not be deemed or construed as creating an indebtedness of the state within the meaning of any provision of the state constitution or the laws of the state of Colorado concerning or limiting the creation of Colorado Revised Statutes 2019 Page 17 of 673 Uncertified Printout indebtedness by the state of Colorado and shall not constitute a multiple fiscal-year direct or indirect debt or other financial obligation of the state within the meaning of section 20 (4) of article X of the state constitution. In the event the state of Colorado does not renew a leasepurchase agreement authorized pursuant to paragraph (a) of this subsection (3), the sole security available to the lessor shall be the property that is the subject of the nonrenewed lease-purchase agreement. (III) Any lease-purchase agreement authorized pursuant to paragraph (a) of this subsection (3) may contain such terms, provisions, and conditions as the state treasurer, acting on behalf of the state of Colorado, may deem appropriate, including all optional terms; except that each lease-purchase agreement shall specifically authorize the state of Colorado or the governing board of the applicable state-supported institution of higher education to receive fee title to all real and personal property that is the subject of the lease-purchase agreement on or prior to the expiration of the terms of the agreement. Any title to such property received by the state on or prior to the expiration of the terms of the lease-purchase agreement shall be held for the benefit and use of such governing board. (IV) Any lease-purchase agreement authorized pursuant to paragraph (a) of this subsection (3) may provide for the issuance, distribution, and sale of instruments evidencing rights to receive rentals and other payments made and to be made under the lease-purchase agreement. The instruments may be issued, distributed, or sold only by the lessor or any person designated by the lessor and not by the state. The instruments shall not create a relationship between the purchasers of the instruments and the state or create any obligation on the part of the state to the purchasers. The instruments shall not be notes, bonds, or any other evidence of indebtedness of the state within the meaning of any provision of the state constitution or the law of the state concerning or limiting the creation of indebtedness of the state and shall not constitute a multiple fiscal-year direct or indirect debt or other financial obligation of the state within the meaning of section 20 (4) of article X of the state constitution. (V) Interest paid under a lease-purchase agreement authorized pursuant to paragraph (a) of this subsection (3), including interest represented by the instruments, shall be exempt from Colorado income tax. (VI) The state of Colorado, acting through the state treasurer and the governing board of the institutions of higher education, is authorized to enter into ancillary agreements and instruments as are deemed necessary or appropriate in connection with a lease-purchase agreement, including but not limited to deeds, ground leases, sub-leases, easements, or other instruments relating to the real property on which the facilities are located or an agreement entered into pursuant to subsection (5) of this section. (c) The provisions of section 24-30-202 (5)(b), C.R.S., shall not apply to a leasepurchase agreement authorized pursuant to paragraph (a) of this subsection (3) or any ancillary agreement or instrument entered into pursuant to paragraph (b) of this subsection (3). The state controller or his or her designee shall waive any provision of the fiscal rules promulgated pursuant to section 24-30-202 (1) and (13), C.R.S., that the state controller deems to be incompatible or inapplicable with respect to said lease-purchase agreements or any such ancillary agreement or instrument. (4) (a) A local government or the governing board of a state-supported institution of higher education may pay to the state treasurer an amount to assist the state in making payments on any lease-purchase agreement entered into pursuant to paragraph (a) of subsection (3) of this Colorado Revised Statutes 2019 Page 18 of 673 Uncertified Printout section. State-supported institutions of higher education, including but not limited to the Auraria higher education center and its constituent institutions, are authorized to transfer moneys to the state treasurer pursuant to this subsection (4) for the projects for which the state treasurer executes a lease-purchase agreement pursuant to subsection (3) of this section without an appropriation from the general assembly. The state treasurer shall credit any moneys received pursuant to this subsection (4) to the higher education institutions lease-purchase cash fund, referred to in this subsection (4) as the "fund", which fund is hereby created in the state treasury. Except as provided in subparagraph (II) of paragraph (a) of subsection (3) of this section, moneys in the fund are continuously appropriated to the state treasurer to make payments on lease-purchase agreements executed pursuant to paragraph (a) of subsection (3) of this section. Any moneys in the fund not expended for the purpose of this section shall be invested by the state treasurer as provided by law. All interest and income derived from the investment and deposit of moneys in the fund shall be credited to the fund. Except as provided in paragraph (b) of this subsection (4), any unexpended and unencumbered moneys remaining in the fund at the end of a fiscal year shall remain in the fund and shall not be credited or transferred to the general fund or another fund. (b) (I) Within thirty days of the state treasurer's receipt of the certificate of completion for the academic building on the Craig campus of Colorado Northwestern community college, the state treasurer shall transfer no more than two million one hundred thousand dollars of such institution's cash assistance payment to the Colorado community college system. (II) Within thirty days of the state treasurer's receipt of the certificate of completion for the science building addition and renovation at the Auraria higher education center, the state treasurer shall transfer no more than one million dollars to the Auraria higher education center. (5) (a) Prior to executing a lease-purchase agreement pursuant to subsection (3) of this section, in order to protect against future interest rate increases, the state of Colorado, acting by and through the state treasurer and at the discretion of the state treasurer, may enter into an interest rate exchange agreement pursuant to article 59.3 of title 11, C.R.S. A lease-purchase agreement entered into pursuant to subsection (3) of this section shall be a proposed public security for the purposes of article 59.3 of title 11, C.R.S. Any payments made by the state under an agreement entered into pursuant to this subsection (5) shall be made solely from moneys made available to the state treasurer from the execution of a lease-purchase agreement or from moneys appropriated from the revenues fund or the higher education institutions lease-purchase cash fund created pursuant to subsection (4) of this section. (b) Any agreement entered into pursuant to this subsection (5) shall also provide that the obligations of the state shall not be deemed or construed as creating an indebtedness of the state within the meaning of any provision of the state constitution or the laws of the state of Colorado concerning or limiting the creation of indebtedness by the state of Colorado and shall not constitute a multiple fiscal-year direct or indirect debt or other financial obligation of the state within the meaning of section 20 (4) of article X of the state constitution. (c) Any moneys received by the state under an agreement entered into pursuant to this subsection (5) shall be used to make payments on lease-purchase agreements entered into pursuant to subsection (3) of this section or to pay the costs of the project for which a leasepurchase agreement was executed. Colorado Revised Statutes 2019 Page 19 of 673 Uncertified Printout Source: L. 2008: Entire section added, p. 712, § 1, effective May 12. L. 2010: (3)(c) amended, (SB 10-003), ch. 391, p. 1848, § 22, effective June 9; (3)(b)(I) amended, (SB 10-122), ch. 64, p. 226, § 2, effective August 11. L. 2012: (3)(a) and (4) amended, (HB 12-1357), ch. 222, p. 951, § 2, effective May 24. L. 2016: (2)(a) amended, (HB 16-1229), ch. 84, p. 236, § 1, effective April 14. Cross references: For the legislative declaration in the 2010 act amending subsection (3)(c), see section 1 of chapter 391, Session Laws of Colorado 2010. For the legislative declaration in the 2012 act amending subsections (3)(a) and (4), see section 1 of chapter 222, Session Laws of Colorado 2012. 23-1-106.5. Duties and powers of the commission with regard to advanced technology - fund created. (Repealed) Source: L. 99: Entire section added with relocations, p. 876, § 3, effective July 1. L. 2000: (8) added, p. 412, § 1, effective April 13; (9) added, p. 1540, § 1, effective June 1. L. 2001: (9)(c) amended, p. 1272, § 27, effective June 5. L. 2003: (9)(e) added, p. 457, § 12, effective March 5; (9)(b) and (9)(c) amended, p. 2100, § 1, effective May 22. L. 2005: (7)(a) repealed, p. 277, § 6, effective August 8. L. 2006: (9)(b) amended, p. 1254, § 2, effective May 26; IP(1), (2)(e), and (6) amended, p. 1733, § 14, effective June 6; (9)(b) and (9)(c) amended, p. 175, § 5, effective July 1. L. 2007: (9) repealed, p. 1604, § 5, effective May 31. L. 2008: Entire section repealed, p. 1483, § 30, effective May 28. Editor's note: Prior to its repeal in 2008, this section was similar to former § 23-11-104 as it existed prior to 1999. 23-1-106.7. Duties and powers of the department with respect to technology transfers. (1) The department, in consultation with the office of information technology created in the office of the governor, shall: (a) In all its program efforts, endeavor to facilitate the transfer of newly created technologies from the laboratory to the private sector for the start-up of new businesses, to add product lines to established firms, or to introduce technologies into mature industries in order to strengthen the state's existing economic base; and (b) Assess the technology transfer potential of all academic programs targeted for investment and development. (2) (Deleted by amendment, L. 2008, p. 1472, § 6, effective May 28, 2008.) Source: L. 99: Entire section added with relocations, p. 876, § 3, effective July 1. L. 2006: IP(1) amended, p. 1734, § 15, effective June 6. L. 2008: IP(1) and (2) amended, p. 1472, § 6, effective May 28. Editor's note: This section is similar to former § 23-11-105 as it existed prior to 1999. 23-1-107. Duties and powers of the commission with respect to program approval, review, reduction, and discontinuance. (1) A governing board of a state-supported institution Colorado Revised Statutes 2019 Page 20 of 673 Uncertified Printout of higher education is not required to submit a proposal to or obtain approval from the commission to create, modify, or discontinue academic or vocational programs offered by the institution, so long as the creation, modification, or discontinuance of the academic or vocational program is consistent with the institution's statutory role and mission. (2) (a) (Deleted by amendment, L. 2008, p. 1472, § 7, effective May 28, 2008.) (a.5) Repealed. (a.6) The commission shall develop and employ uniform standards for the comparative evaluation of duplicate programs offered at the graduate level by more than one institution. In all cases where there is duplication of graduate programs among multiple institutions, the commission shall make an evaluation of all such programs with a view to eliminating duplication. The evaluation of the programs shall include an analysis of the number of degrees granted in each institution's programs in the last five years, the number of duplicate degree programs within the Colorado public system of higher education, the role and mission statements for each institution, the interconnections of a program with other programs on a campus, the national recognition given to existing programs, the cost of continuing such programs, and other criteria as determined by the commission. In program discontinuance, the commission shall consider balance among institutions. It is the intent of the general assembly that there shall be a presumption in favor of the elimination of duplicate graduate programs where the need for duplication is not clearly justified by special excellence, geographical and other particular needs served, or the unique contribution of duplicate programs. (a.7) Repealed. (b) The governing board of a state-supported institution of higher education directed to discontinue an academic or vocational degree program area pursuant to this subsection (2) shall have not more than four years to discontinue graduate and baccalaureate programs and not more than two years to discontinue associate programs following the commission's directive to phase out said program area. (c) If the commission directs the governing board of an institution to discontinue an academic or vocational degree program area, and the governing board refuses to do so, the commission may require such governing board to remit to the general fund any moneys appropriated for such program area. (3) Each governing board of the state-supported institutions of higher education shall submit to the department a plan describing the procedures and schedule for periodic program reviews and evaluation of each academic program at each institution consistent with the statewide goals specified in section 23-1-108 and further articulated in the master plan adopted pursuant to section 23-1-108 and the role and mission of each institution. The information to be provided to the department shall include, but shall not be limited to, the procedures for using internal and external evaluators, the sequence of such reviews, and the anticipated use of the evaluations. (3.5) The commission may waive the provisions of subsections (2) and (3) of this section. (4) Prior to the discontinuance of a program, the governing boards of state institutions of higher education are directed, subject to commission approval, to develop appropriate early retirement, professional retraining, and other programs to assist faculty members who may be displaced as a result of discontinued programs. Colorado Revised Statutes 2019 Page 21 of 673 Uncertified Printout (5) The department shall ensure that each institution has an orderly process for the phaseout of programs. (6) Repealed. Source: L. 85: Entire article R&RE, p. 755, § 1, effective July 1. L. 88: (2)(a.5) to (2)(a.7) added, p. 838, § 2, effective April 21. L. 94: (2)(a.5) repealed, p. 1795, § 4, effective May 31. L. 96: (1), (2)(a), and (3) amended, p. 1833, § 6, effective June 5; (2)(a.7) repealed, p. 1235, § 76, effective August 7. L. 2007: (6) added, p. 338, § 3, effective April 2. L. 2008: (1), (2)(a), (3), and (5) amended, p. 1472, § 7, effective May 28. L. 2009: (6) repealed, (HB 091319), ch. 286, p. 1322, § 13, effective May 21. L. 2011: (1)(b) and (3) amended, (SB 11-052), ch. 232, p. 999, § 7, effective May 27. L. 2017: (1) amended and (3.5) added, (SB 17-297), ch. 210, p. 816, § 3, effective May 18. Cross references: For the legislative declaration contained in the 1996 act repealing subsection (2)(a.7), see section 1 of chapter 237, Session Laws of Colorado 1996. For the legislative declaration in the 2011 act amending subsections (1)(b) and (3), see section 1 of chapter 232, Session Laws of Colorado 2011. 23-1-108. Duties and powers of the commission with regard to systemwide planning - reporting - definitions. (1) The commission, after consultation with the governing boards of institutions and as a part of the master planning process, shall have the authority to: (a) Establish a policy-based and continuing systemwide planning, programming, and coordination process to effect the best use of available resources; (b) Establish such academic and career and technical education planning as may be necessary to accomplish and sustain systemwide goals of high quality, access, diversity, efficiency, and accountability. Such planning must include identification by each governing board of programs of excellence at institutions under their control and plans for enhancement and improvement for those programs. (c) Determine the role and mission of each state-supported institution of higher education within statutory guidelines; (d) Establish enrollment policies, consistent with roles and missions, at state-supported institutions of higher education as described in statute and further defined in paragraph (c) of this subsection (1); (e) Establish state policies that differentiate admission and program standards and that are consistent with institutional roles and missions as described in statute and further defined in paragraph (c) of this subsection (1); (f) Adopt statewide affirmative action policies for the commission, governing boards, and state-supported institutions of higher education. Responsibility for implementation of such policies shall be reserved to the governing boards. (g) Repealed. (h) Establish systemwide policies concerning administrative costs. (1.5) (a) On or before September 1, 2012, the commission shall develop and submit to the governor and the general assembly a new master plan for Colorado postsecondary education. The commission shall collaborate with the governing boards and chief executive officers of the state institutions of higher education in developing the master plan. In addition, the commission Colorado Revised Statutes 2019 Page 22 of 673 Uncertified Printout shall take into account the final report of the higher education strategic planning steering committee appointed by the governor. In drafting the master plan, addressing the issues specified in paragraph (b) of this subsection (1.5), and establishing the goals as described in paragraph (c) of this subsection (1.5) for the state system of higher education, the commission shall also take into consideration the data collected pursuant to subsection (1.7) of this section. (b) At a minimum, the commission shall address the following issues in developing the master plan: (I) The needs of the state with regard to the system of higher education and the top priorities for the state system of higher education in meeting those needs; (II) Alignment of the state system of higher education with the system of elementary and secondary education and increasing the rate at which students who graduate from Colorado high schools enroll in and complete postsecondary and career and technical education; (III) Accessibility and affordability of the state system of higher education, including consideration of methods to reduce the student debt load and increase need-based financial aid funding; (IV) Funding for the state system of higher education and strategies for stabilizing and sustaining an adequate funding level; (V) The role and mission of the state institutions of higher education and the governance structure of the state system of higher education; (VI) The role of two-year and four-year local district colleges and area technical colleges in helping to address the workforce and economic development needs of the state within the system of higher education; and (VII) The importance of private and proprietary institutions with regard to higher education in the state, although consideration of said institutions in the plan in no way implies control or state authority over their operations. (c) The commission shall design the master plan to achieve, at a minimum, the following goals: (I) Increasing the overall number of baccalaureate degrees, associate degrees, and career and technical education certificates issued by the public institutions of higher education in the state, while maintaining accessibility to the institutions, to provide support for economic development and a well-educated workforce for the business community in the state; (II) Implementing systemic approaches, including coordinated and proven transitional programs, that strengthen the continuity of public education from elementary and secondary through postsecondary education for traditional and nontraditional students; (III) Ensuring the long term fiscal stability and affordability of the state system of higher education and ensuring the efficient allocation of available state resources to support institutions of higher education while protecting the unique mission of each institution. The allocation shall take into consideration, but need not be limited to, tuition capacity, tuition rates relative to competitive institutions, the state resources available to institutions, funding for high-cost programs, the student and family incomes of students enrolled at institutions, enrollment levels, geographic access to educational opportunities throughout the state, and other issues deemed relevant by the commission. (IV) Reducing the educational attainment gap between majority and underrepresented populations throughout the state; Colorado Revised Statutes 2019 Page 23 of 673 Uncertified Printout (V) Reducing the geographic disparities in access to and opportunity to complete a broad array of quality higher education and career and technical education programs; (VI) Addressing opportunities for students with disabilities, including intellectual disabilities, to participate in postsecondary education; (VII) Implementing strategies that strengthen the link between higher education and economic development and innovation in the state; and (VIII) Improving and sustaining excellence in career and technical education and undergraduate and graduate degree programs. (d) (I) The commission shall ensure that the master plan prepared pursuant to this subsection (1.5) specifically addresses providing coordinated and proven programs that support and help ensure the success of students who graduate from Colorado high schools and are enrolling as first-time freshmen students and meet one or more of the following criteria: (A) The student's family is low-income and the student is likely to incur significant student debt in attending an institution of higher education; (B) The student's parents did not attend postsecondary education and may not have graduated from high school; (C) The student is a member of an underrepresented population; or (D) The student has limited access to technologies to support learning. (II) Programs that may be addressed in the master plan include but need not be limited to: (A) Providing student support services including counseling or tutoring; (B) Implementing measures to reduce student debt by making effective use of financial assistance and assisting in fee payments and textbook costs; and (C) Providing assistance in obtaining access to technology. (e) Prior to submitting the master plan to the governor and the general assembly, the commission shall distribute a draft of the plan to the governing boards for comment. Each governing board shall submit to the commission its comments and any suggested revisions within thirty days after receiving the draft plan. The commission shall discuss and consider any revisions suggested by the governing boards to the draft master plan. (f) (I) (A) The commission, in collaboration with the public institutions of higher education, shall ensure that the master plan is implemented through the public institutions of higher education, including through funding allocated pursuant to part 3 of article 18 of this title 23 and section 23-41-104.6. The department shall submit a budget request pursuant to section 23-18-307 that supports master plan goals. (B) The department and public institutions of higher education shall annually affirm the institutions' contribution toward meeting the goals of the commission's master plan created pursuant to this section. An institution's contributions toward meeting the goals of the master plan must be outlined in accordance with the institution's role and mission and shall include, at a minimum, increasing credential completion, increasing annual completions by minority and lowincome students, and improving persistence and retention rates. The department shall measure an institution's contributions using data collected for state and federal reporting purposes and for populating the higher education funding model. (II) Beginning December 1, 2017, and no later than December 1 of each year thereafter, the department shall report to the joint budget committee and to the education committees of the house of representatives and of the senate, or their successor committees, concerning the master Colorado Revised Statutes 2019 Page 24 of 673 Uncertified Printout plan goals and each institution's progress toward meeting those goals. The department shall post the information contained in the report on the department's website. Notwithstanding the provisions of section 24-1-136 (11)(a)(I) to the contrary, the department's report continues indefinitely. (1.7) The commission, working with the department, the governing boards, and the institutions of higher education, shall collect data, including but not limited to research conducted by national policy organizations and agencies or institutions of higher education in other states, as necessary to support development and implementation of the master plan pursuant to subsection (1.5) of this section. (1.9) Repealed. (2) The commission shall develop criteria for determining if an institution should be consolidated or closed and, after consultation with the appropriate governing board, shall make recommendations to the general assembly for closure or consolidation of campuses which meet such criteria. (3) The commission, after consultation with the governing boards of institutions, may support the development of cooperative programs among state-supported institutions of higher education. (4) The commission shall convene periodically the chief executive officers of the campuses for the purpose of evaluating and discussing statewide policy issues. (5) The commission shall establish programs to develop and improve governing boards concerning statewide educational policy issues. (6) The commission shall report annually to the governor and the general assembly on institutional and board performance and responsiveness to statewide objectives set by the commission in its master plan. (7) (a) The commission shall establish, after consultation with the governing boards of institutions, and enforce statewide degree transfer agreements between two-year and four-year state institutions of higher education and among four-year state institutions of higher education. Governing boards and state institutions of higher education shall implement the statewide degree transfer agreements and the commission policies relating to the statewide degree transfer agreements. The statewide degree transfer agreements shall include provisions under which state institutions of higher education shall accept all credit hours of acceptable course work for automatic transfer from an associate of arts, associate of applied science, or associate of science degree program in another state institution of higher education in Colorado. The commission shall have final authority in resolving transfer disputes. (b) (I) A student who completes an associate of arts, associate of applied science, or associate of science degree that is the subject of a statewide degree transfer agreement and who transfers from the state institution of higher education that awarded the degree to a four-year state institution of higher education shall, if admitted, be enrolled with junior status. Successful completion of an associate of arts, associate of applied science, or associate of science degree does not guarantee the degree holder admission to a four-year state institution of higher education. (II) (A) A state institution of higher education that admits as a junior a student who holds an associate of arts degree, associate of applied science degree, or associate of science degree that is the subject of a statewide degree transfer agreement shall not require the student to complete any additional courses to fulfill general education requirements. A student who Colorado Revised Statutes 2019 Page 25 of 673 Uncertified Printout transfers under a statewide degree transfer agreement may be required to complete lowerdivision courses that are part of the major, but are not part of the statewide degree transfer agreement, if taking the courses does not require the transfer student to take more total credit hours to receive the degree than a native student and does not extend the total time required to receive the degree beyond that required for a native student. A state institution of higher education that requires a student who transfers under a statewide degree transfer agreement to take any courses beyond the courses authorized pursuant to this subsection (7)(b)(II) is responsible for the total cost of tuition, without participation by the student in the college opportunity fund program pursuant to part 2 of article 18 of this title 23, for any credit hours that exceed the total credit hours required for a native student or that extend the total time to receive the degree beyond that required for a native student. All credit hours of acceptable course work completed by a student who holds an associate of applied science degree that is the subject of a statewide degree transfer agreement and who transfers from the state institution of higher education that awarded the associate degree to a state four-year institution of higher education shall be applicable only to a bachelor of applied science degree program, except for courses that are subject to transfer pursuant to other transfer agreements. (B) Nothing in subsection (7)(b)(II)(A) of this section alters, amends, creates, or imposes new requirements for statewide degree transfer agreements in effect prior to August 8, 2018. (c) (I) Beginning July 1, 2010, the commission, in collaboration with the governing boards and the council convened pursuant to section 23-1-108.5 (3)(a), shall negotiate statewide degree transfer agreements and shall ensure that there are at least four statewide degree transfer agreements in place no later than July 1, 2012, and that, by no later than July 1, 2016, there are a total of at least fourteen statewide degree transfer agreements. (II) The governing boards shall recommend to the commission the degree programs that would be most appropriate for statewide degree transfer agreements based on student demand and the workforce needs of the state. (d) The existence of statewide degree transfer agreements does not preclude or restrict a state institution of higher education from awarding nontransfer associate of arts or associate of science degrees, applied associate degrees, or general liberal arts associate of arts or associate of science degrees. (e) Nothing in this subsection (7) shall be construed to: (I) Prevent or otherwise interfere with the ability of a state institution of higher education to fulfill its statutory role and mission; (II) Prohibit one or more state institutions of higher education from entering into memoranda of understanding for the transfer of degrees among the agreeing institutions; (III) Impair any memoranda of understanding between or among institutions of higher education in effect prior to August 11, 2010; or (IV) Require the transfer of course credits earned during or applicable to a student's junior or senior year. (f) On or before October 1, 1993, the commission shall establish and enforce student transfer agreements between degree programs offered on the same campus or within the same institutional system. Governing boards and state institutions of higher education shall implement the agreements and commission policies relating to the agreements. In accordance with the provisions of section 23-5-122, the agreements shall provide that: Colorado Revised Statutes 2019 Page 26 of 673 Uncertified Printout (I) If, not more than ten years prior to transferring into an undergraduate degree program, a student earns credit hours that are required for graduation from the undergraduate degree program, the credit hours shall apply to the completion of the student's graduation requirements from the undergraduate degree program following the transfer; (II) A student who transfers into an undergraduate degree program shall not be required to complete a greater number of credit hours in those courses that are required for graduation from the undergraduate degree program than are required of students who began in the undergraduate degree program, nor shall there be any minimum number of credit hours required post-transfer other than the normal degree requirements for nontransferring students; and (III) The grade point average that is required for a student to apply for and be fully considered for transfer into an undergraduate degree program shall be no higher than that which is required for graduation from the undergraduate degree program. (g) As used in this subsection (7), unless the context otherwise requires: (I) "Native student" means a student who begins and completes an undergraduate degree program at a single state institution of higher education. (II) "State institution of higher education" means a public postsecondary institution that is governed by: (A) The board of governors of the Colorado state university system; (B) The board of regents of the university of Colorado; (C) The board of trustees of the Colorado school of mines; (D) The board of trustees of the university of northern Colorado; (E) The board of trustees of Adams state university; (F) The board of trustees of Western Colorado university; (G) The board of trustees of Colorado Mesa university; (H) The board of trustees for Fort Lewis college; (I) The board of trustees for Metropolitan state university of Denver; (J) The state board for community colleges and occupational education; or (K) The board of trustees of a local college district organized pursuant to article 71 of this title. (III) "Statewide degree transfer agreement" means an agreement among all of the state institutions of higher education for the transfer of an associate of arts or an associate of science degree. A statewide degree transfer agreement applies to common degree programs and specifies the common terms, conditions, and expectations for students enrolled in statewide degree transfer programs. (8) The commission shall prescribe uniform academic reporting policies and procedures to which the governing boards and their institutions shall adhere. (9) The state-supported institutions of higher education shall provide the commission with such data as the commission deems necessary upon its formal request, including but not limited to any data requested pursuant to subsection (1.7) of this section. Data for individual students or personnel shall not be divulged or made known in any way by the director of the commission or by any commission employee, except in accordance with judicial order or as otherwise provided by law. Any person who violates this subsection (9) commits a class 1 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S. Such person shall, in addition thereto, be subject to removal or dismissal from public service on grounds of malfeasance in office. Colorado Revised Statutes 2019 Page 27 of 673 Uncertified Printout (10) The commission may enter, on behalf of the state of Colorado, into agreements with another state or with the western interstate commission for higher education on behalf of another state for the granting of full or partial waivers of the nonresident tuition to residents of such other states who are postgraduate or professional students at or are eligible for admission as postgraduate students to any of the state-supported institutions of higher education in Colorado if the agreement provides that, under substantially the same circumstances, such other state will grant reciprocal waivers to residents of Colorado who are postgraduate or professional students of universities or colleges in such other states. The commission, in consultation with the affected Colorado institutions, shall establish regulations governing the administration of agreements and the granting of waivers. In 1996 and in each subsequent even-numbered year, the commission shall report to the governor and the general assembly on these programs. (11) Repealed. (12) (a) The commission shall establish fee policies based on institutional role and mission, and the governing boards shall set fees consistent with such policies. (b) For fiscal years beginning on or after July 1, 2016, the commission shall establish tuition policies based on institutional role and mission, and the governing boards shall set tuition consistent with said policies. (13) (a) It is the intent of the general assembly that academic degree programs at statesupported institutions of higher education be designed and implemented to assure and emphasize that undergraduate students have the maximum range of opportunities and assistance to complete their course of study and obtain their degree in a reasonable amount of time. The general assembly therefore directs the commission, within existing resources, to implement and revise appropriate policies, including financial incentives, to assure that students at state-supported institutions of higher education complete their academic degree programs in the most efficient, effective, and productive manner. The policy implementation and review shall include: (I) Academic advising and counseling at such institutions and consideration of methods for the improvement of early and continuous availability of such academic advising and counseling in order to assist students with the completion of degree programs; (II) The frequency and availability of courses essential to completion of degree programs at such institutions and evaluation of what changes may be necessary to assure that the course scheduling for degree programs by such institutions maximizes the opportunities for students to complete their course of study efficiently, effectively, and productively; (III) Measures for minimizing and eliminating the restrictions against automatic transfer of credit hours of acceptable course work between such institutions and whether the provisions of transfer agreements between two-year and four-year institutions and among four-year institutions entered into pursuant to subsection (7) of this section are directed at easing such transfer restrictions; (IV) Methods for minimizing the loss of credit hours when a student changes degree programs at such institution and assurance that such credit hours are transferred or substituted for appropriate course work in the other degree program; (V) The review of possible solutions for access of nontraditional and part-time students to complete programs within the student's time frame goals; (VI) What effect, if any, the reduction of degree programs would have on the increased availability of classes within existing degree programs; Colorado Revised Statutes 2019 Page 28 of 673 Uncertified Printout (VII) What effect increases in educational costs may have on the average length of time for a student to complete a degree program; and (VIII) The implementation of core curricula as a measure for assisting students to graduate. (b) Repealed. (14) Pursuant to section 23-18-201 (2), the commission shall negotiate performance contracts with private institutions of higher education that participate in the college opportunity fund program. Source: L. 85: Entire article R&RE, p. 756, § 1, effective July 1. L. 87: (1)(h) amended, p. 844, § 1, effective April 22. L. 90: (1)(b) amended, p. 1141, § 5, effective July 1. L. 92: (13) added, p. 579, § 1, effective April 29. L. 93: (7) amended, p. 2125, § 7, effective June 11. L. 94: (11) repealed, p. 1795, § 5, effective May 31; (12) amended, p. 1994, § 2, effective June 2. L. 95: (10) amended, p. 39, § 1, effective January 1, 1996. L. 96: IP(1) amended, p. 1834, § 7, effective June 5; (13)(b) repealed, p. 1236, § 77, effective August 7. L. 2002: (9) amended, p. 1529, § 237, effective October 1. L. 2010: (1.5) added and (12) amended, (SB 10-003), ch. 391, pp. 1834, 1841, §§ 2, 5, effective June 9; (7) amended, (HB 10-1208), ch. 191, p. 819, § 1, effective August 11. L. 2011: IP(1), (1.5), and (9) amended and (1.7) and (1.9) added, (SB 11052), ch. 232, p. 993, § 2, effective May 27; (7)(g)(II)(G) amended, (SB 11-265), ch. 292, p. 1364, § 13, effective August 10; (12)(a) amended, (HB 11-1301), ch. 297, p. 1418, § 7, effective August 10. L. 2012: (7)(g)(II)(E) amended, (HB 12-1080), ch. 189, p. 756, § 8, effective May 19; (7)(g)(II)(I) amended, (SB 12-148), ch. 125, p. 425, § 7, effective July 1; (7)(g)(II)(F) amended, (HB 12-1331), ch. 254, p. 1268, § 8, effective August 1; (1.5)(f) and (1.9)(a)(II) amended, (HB 12-1155), ch. 255, p. 1279, § 3, effective August 8. L. 2014: (1.9)(a)(II) amended, (HB 14-1319), ch. 169, p. 613, § 10, effective May 9; (7)(a) and (7)(b) amended, (SB 14-004), ch. 5, p. 122, § 13, effective August 6. L. 2015: (1.9)(b) amended, (SB 15-237), ch. 129, p. 402, § 3, effective May 1. L. 2016: (1.5)(b)(VI), (1.9)(a)(I), (1.9)(a)(III), and (1.9)(b) amended, (HB 16-1082), ch. 58, p. 142, § 10, effective August 10. L. 2017: (1.5)(f), (1.7), and (3) amended, (1.9) repealed, and (14) added, (SB 17-297), ch. 210, pp. 817, 818, §§ 4, 5, effective May 18; (1)(b) amended, (SB 17-294), ch. 264, p. 1397, § 54, effective May 25; (1)(g) repealed, (HB 17-1251), ch. 253, p. 1058, § 3, effective August 9. L. 2018: (7)(b)(II) amended, (SB 18-069), ch. 66, p. 620, § 1, effective August 8. L. 2019: (7)(g)(II)(F) amended, (HB 191178), ch. 400, p. 3544, § 7, effective July 1. Editor's note: This section is similar to former § 23-1-108 as it existed prior to 1985. Cross references: (1) For provisions concerning public records applicable to data for students and personnel of institutions of higher education, see part 2 of article 72 of title 24. (2) For the legislative declaration contained in the 1996 act repealing subsection (13)(b), see section 1 of chapter 237, Session Laws of Colorado 1996. For the legislative declaration contained in the 2002 act amending subsection (9), see section 1 of chapter 318, Session Laws of Colorado 2002. For the legislative declaration in the 2010 act adding subsection (1.5) and amending subsection (12), see section 1 of chapter 391, Session Laws of Colorado 2010. For the legislative declaration in the 2011 act amending the introductory portion to subsection (1) and subsections (1.5) and (9) and adding subsections (1.7) and (1.9), see section 1 of chapter 232, Colorado Revised Statutes 2019 Page 29 of 673 Uncertified Printout Session Laws of Colorado 2011. For the legislative declaration in the 2011 act amending subsection (7)(g)(II)(G), see section 1 of chapter 292, Session Laws of Colorado 2011. For the legislative declaration in the 2012 act amending subsection (7)(g)(II)(I), see section 1 of chapter 125, Session Laws of Colorado 2012. For the legislative declaration in SB 14-004, see section 1 of chapter 13, Session Laws of Colorado 2014. 23-1-108.5. Duties and powers of the commission with regard to common course numbering system - definitions - repeal. (1) The general assembly hereby finds that, for many students, the ability to transfer among all state-supported institutions of higher education is critical to their success in achieving a degree. The general assembly further finds that it is necessary for the state to have sound transfer policies that provide the broadest and simplest mechanisms feasible, while protecting the academic quality of the institutions of higher education and their undergraduate degree programs. The general assembly finds, therefore, that it is in the best interests of the state for the commission to oversee the adoption of a statewide articulation matrix system of course numbering for general education courses that includes all state-supported institutions of higher education and that will ensure that the quality of and requirements that pertain to general education courses are comparable and transferable systemwide. (2) As used in this section, unless the context otherwise requires: (a) "Council" means the council convened pursuant to paragraph (a) of subsection (3) of this section. (b) "Course numbering system" means the statewide articulation matrix system of common course numbering for general education courses adopted by the commission pursuant to paragraph (c) of subsection (3) of this section. (c) "General education courses" means the group of courses offered by an institution of higher education that every student enrolled in the institution must successfully complete to attain an associate's or bachelor's degree. (d) "Higher education institution" means a state-supported institution of higher education. (3) (a) On or before July 1, 2001, the commission shall convene a council consisting of representatives from each of the higher education governing boards and each of the four-year higher education institutions, a representative sample of the two-year higher education institutions, and a representative of the commission. The commission shall consult with the governing boards when convening representatives from the higher education institutions. By July 1, 2011, the council shall create a process through which it shall seek input from and consult with various higher education student organizations for each articulation agreement and for the review of general education courses and the course numbering system as required in paragraph (c) of this subsection (3). (b) The council shall recommend to the commission a statewide articulation matrix system of common course numbering to which the general education courses for each higher education institution may be mapped. (c) (I) On or before October 1, 2002, the council shall recommend to the commission a list of general education courses to be included in the course numbering system. In identifying said general education courses, the council shall review the course descriptions, and may request summaries of course syllabi for review, focusing first on lower division general education Colorado Revised Statutes 2019 Page 30 of 673 Uncertified Printout courses. The commission shall review the council's recommendations and adopt a statewide articulation matrix system of common course numbering for general education courses, including criteria for such courses, on or before January 1, 2003. (II) The council shall annually review the list of general education courses and the course numbering system, including the criteria, adopted by the commission and recommend such changes as may be necessary to maintain the accuracy and integrity of the course numbering system. The council's annual review shall include consideration of the course descriptions, and the council may request summaries of course syllabi for further review. (d) Repealed. (e) This subsection (3) is repealed, effective September 1, 2021. Prior to such repeal, the council of higher education representatives shall be reviewed as provided for in section 2-31203, C.R.S. (4) (a) Following adoption of the course numbering system, each higher education institution shall review its course offerings and identify those general education courses offered by the institution that correspond with the courses included in the course numbering system. The higher education institution shall submit its list of identified courses, including course descriptions and, upon request of the commission, summaries of course syllabi, for review and approval by the commission on or before March 1, 2003. (b) Beginning with the fall semester of 2003, each higher education institution shall publish, and update as necessary, a list of course offerings that identifies those general education courses offered by the institution that correspond with the courses included in the course numbering system. (5) All credits earned by a student in any general education course identified as corresponding with a course included in the course numbering system shall be automatically transferable among all higher education institutions upon transfer and enrollment of the student. All higher education institutions in Colorado shall participate in the course numbering system. The commission shall adopt such policies and guidelines as may be necessary for the implementation of this section. Each governing board shall modify its existing policies as may be necessary to accept the transfer of these credits. (6) (a) The council shall devise and recommend to the commission procedures for exchanging information to document students' success in transferring among higher education institutions. The commission shall adopt and implement such procedures. (b) The commission, in consultation with the governing boards and the higher education institutions, shall design and implement a statewide database to implement the provisions of this section. (7) The commission may accept any public or private gifts, grants, or donations given for the purpose of implementing this section. Any such gifts, grants, or donations shall be credited to the course numbering fund, which fund is hereby created in the state treasury. Moneys credited to the fund are hereby continuously appropriated to the commission for use in offsetting the costs incurred by the commission in implementing this section and for allocation to the governing boards to offset the costs incurred by the governing boards in implementing this section. All interest derived from the deposit and investment of moneys in the course numbering fund shall be credited to said fund. Any amount remaining in the course numbering fund at the end of any fiscal year shall remain in said fund and shall not be credited or transferred to the general fund or to any other fund. Colorado Revised Statutes 2019 Page 31 of 673 Uncertified Printout Source: L. 2001: Entire section added, p. 1028, § 1, effective June 5. L. 2004: (3)(d) repealed, p. 583, § 2, effective August 4. L. 2008: (4)(a) amended, p. 1473, § 8, effective May 28; (3)(e) amended, p. 1901, § 85, effective August 5. L. 2011: (3)(a) and (3)(e) amended, (SB 11-100), ch. 87, p. 251, § 3, effective March 31. L. 2016: (3)(e) amended, (HB 16-1177), ch. 218, p. 833, § 1, effective June 6. 23-1-109. Duties and powers of the commission with regard to off-campus instruction - provision of concurrent enrollment programs - legislative declaration definitions. (1) The general assembly declares its intent that the state-supported institutions of higher education may engage in instruction off the geographic boundaries of their campuses. (2) The commission shall define, after consultation with the governing boards of institutions, the geographic and programmatic service areas for each state-supported institution of higher education. No such institution shall provide instruction off-campus in programs or in geographic areas or at sites not approved by the commission, unless otherwise provided by law. (3) The general assembly declares its intent that all instruction at two-year institutions, including the first two years of instruction at Adams state university and Colorado Mesa university, shall be funded throughout the institutions' commission-approved service area on the same basis as on-campus instruction. (4) The department shall administer any centralized, statewide extension and continuing education program of instruction that may be offered by any state-supported baccalaureate and graduate institution. All instruction offered outside the geographic boundaries of the campus, including instruction delivered by television or other technological means, shall be a part of this program unless exempted by policy and action of the commission. (5) The commission shall set policies, after consultation with the governing boards of institutions, which define which courses and programs taught outside the geographic boundaries of the campus may be eligible for general fund support. The commission may include funding for those courses and programs in its systemwide funding recommendations to the general assembly. (6) (a) As used in this subsection (6), unless the context otherwise requires: (I) "Commission-approved two-year institution" means the two-year institution of higher education in whose college service area the local education provider is located. (II) "Two-year institution of higher education" means a state-supported institution of higher education with a two-year role and mission, including the community college role and mission of Adams state university and Colorado Mesa university. (b) The commission shall establish a policy that facilitates local education provider participation in a concurrent enrollment program or course, pursuant to article 35 of title 22, with a two-year institution of higher education that is outside of the geographic boundaries of the commission-approved college service area in which the local education provider is located. The commission's policy shall apply when a local education provider has requested in writing, after the adoption of the commission policy pursuant to this subsection (6)(b), a concurrent enrollment program or course from the commission-approved two-year institution and the commissionapproved two-year institution declines in writing to provide the requested concurrent enrollment program or course. A two-year institution of higher education that fails to agree or decline in writing to provide a concurrent enrollment program or course in response to a written request Colorado Revised Statutes 2019 Page 32 of 673 Uncertified Printout within forty-five days of receiving the request shall be deemed to have declined to provide the program or course. (c) Nothing in this section requires a local education provider to enter into a cooperative agreement for a concurrent enrollment program or course or precludes two-year institutions of higher education from entering into voluntary service area waiver agreements under which a two-year institution of higher education agrees to allow another two-year institution of higher education to provide a concurrent enrollment program or course within its commission-approved college service area. (d) When a two-year institution of higher education provides a concurrent enrollment program or course outside of its commission-approved college service area in accordance with commission policies established pursuant to subsection (6)(b) of this section or pursuant to a voluntary service area waiver agreement with another two-year institution of higher education, the concurrent enrollment program or course shall be funded as though offered as on-campus instruction within the commission-approved college service area of the two-year institution of higher education providing the concurrent enrollment program or course. (e) Nothing in this subsection (6) affects provisions contained in article 35 of title 22 relating to the tuition rate paid for a concurrent enrollment program or course. Source: L. 85: Entire article R&RE, p. 757, § 1, effective July 1. L. 88: (3) amended, p. 857, § 4, effective July 1. L. 2008: (4) amended, p. 1473, § 9, effective May 28. L. 2011: (3) amended, (SB 11-265), ch. 292, p. 1365, § 14, effective August 10. L. 2012: (3) amended, (HB 12-1080), ch. 189, p. 757, § 9, effective May 19. L. 2018: (6) added, (HB 18-1052), ch. 48, p. 483, § 1, effective August 8. Editor's note: This section is similar to former § 23-1-109.5 as it existed prior to 1985. Cross references: For the legislative declaration in the 2011 act amending subsection (3), see section 1 of chapter 292, Session Laws of Colorado 2011. 23-1-109.3. Duties and powers of the commission with regard to student data memorandum of understanding. Notwithstanding the provisions of section 22-2-111 (3)(a), C.R.S., the commission shall enter into a memorandum of understanding on or before September 1, 2006, with the state board of education to adopt a policy to share student data. At a minimum, the policy shall ensure that the exchange of information is conducted in conformance with the requirements of the federal "Family Educational Rights and Privacy Act of 1974", as amended, 20 U.S.C. sec. 1232g, and all federal regulations and applicable guidelines adopted in accordance therewith. The policy shall additionally require the department, upon request, to share student data with qualified researchers. For purposes of this section, qualified researchers shall include, but need not be limited to, institutions of higher education, school districts, and public policy research and advocacy organizations. Source: L. 2006: Entire section added, p. 716, § 3, effective July 1. L. 2008: Entire section amended, p. 1473, § 10, effective May 28. Colorado Revised Statutes 2019 Page 33 of 673 Uncertified Printout 23-1-109.5. Duties and powers of the commission with regard to fiscal accountability. (Repealed) Source: L. 90: Entire section added, p. 1140, § 3, effective July 1. L. 94: Entire section repealed, p. 1795, § 6, effective May 31. 23-1-109.7. Duties and powers of the commission with regard to the provision of educational services. (1) (Deleted by amendment, L. 2014.) (2) Beginning July 1, 2005, the commission is responsible for ensuring the provision of postsecondary educational services pursuant to part 3 of article 18 of this title 23. The department of higher education on behalf of the commission shall annually enter into fee-forservice contracts with one or more governing boards of institutions of higher education pursuant to section 23-18-303 to provide the higher education services specified in section 23-18-301. (3) The commission shall make annual funding recommendations to the general assembly and the governor regarding the funding necessary for the department of higher education to contract on the commission's behalf for the provision of higher education services in the state, including but not limited to the services specified in sections 23-18-301 and 23-18303. The general assembly shall annually appropriate to the commission an amount of general fund moneys to carry out the purposes of this section. Source: L. 2004: Entire section added, p. 717, § 4, effective July 1. L. 2005: (1)(b), (1)(c), (1)(d), and (1)(h) amended, p. 1014, § 6, effective June 2. L. 2014: Entire section amended, (HB 14-1319), ch. 169, p. 610, § 2, effective May 9. L. 2017: (2) amended, (SB 17297), ch. 210, p. 818, § 6, effective May 18. Cross references: For the legislative findings and declarations contained in the 2004 act enacting this section, see section 1 of chapter 215, Session Laws of Colorado 2004. 23-1-109.8. Duties and powers of the commission with regard to employment first policies. (1) The commission shall facilitate employment first policies and practices by providing department input and assistance to the employment first advisory partnership described in section 8-84-303, C.R.S., in carrying out its duties. (2) The department shall present the reports and recommendations of the employment first advisory partnership to the department's legislative committee of reference pursuant to section 8-84-303 (7), C.R.S. Source: L. 2016: Entire section added, (SB 16-077), ch. 360, p. 1506, § 7, effective July 1. Cross references: For the legislative declaration in SB 16-077, see section 1 of chapter 360, Session Laws of Colorado 2016. 23-1-110. Organization, meetings, and staff. (1) The commission shall adopt its own rules of procedure, shall elect a chairman, a vice-chairman, and such other officers as it deems Colorado Revised Statutes 2019 Page 34 of 673 Uncertified Printout necessary, and shall keep a record of its proceedings, which shall be open to public inspection. Meetings of the commission shall be open to the public at all times; but, by a two-thirds vote of the members present at any meeting, the commission may go into executive session for consideration of personnel matters in accordance with part 4 of article 6 of title 24, C.R.S. No final policy decision, resolution, rule, regulation, or formal action and no action approving a contract calling for the payment of money shall be adopted or approved at any executive session. (2) (a) The governor shall appoint, with the consent of the senate, an executive director qualified by substantial training and experience in the field of higher education. The executive director shall be the executive officer of the commission and the department, shall serve at the pleasure of the governor, and shall receive compensation commensurate with the duties of the office as determined by the governor. The duties and responsibilities of the executive director shall be discharged in accordance with the policies, procedures, and directives of the commission and the department. The executive director shall employ such professional and clerical personnel as deemed necessary to carry out the duties and functions of the commission and the department. Offices held by the executive director and professional personnel are declared to be educational in nature and not under the state personnel system. (b) (Deleted by amendment, L. 2008, p. 1474, § 11, effective May 28, 2008.) (3) The executive director shall conduct all studies and programs of the commission and coordinate such studies and programs with those of other state agencies having duties and functions concerned with higher education, so as to avoid duplication of programs and staff. (4) The executive director shall review and approve or deny any proposed action or recommendation of the private occupational school board acting pursuant to article 64 of this title 23. Source: L. 85: Entire article R&RE, p. 758, § 1, effective July 1. L. 90: (4) added, p. 1157, § 1, effective July 1. L. 93: (2) amended, p. 2123, § 4, effective June 11. L. 99: (2) amended, p. 881, § 5, effective July 1. L. 2005: (2)(b) amended, p. 278, § 7, effective August 8. L. 2008: (2) and (4) amended, p. 1474, § 11, effective May 28. L. 2017: (4) amended, (HB 171239), ch. 261, p. 1204, § 8, effective August 9. Editor's note: This section is similar to former § 23-1-104 as it existed prior to 1985. 23-1-110.5. Study of higher education organization - legislative declaration - issues report - repeal. (Repealed) Source: L. 99: Entire section added, p. 672, § 1, effective May 18. Editor's note: Subsection (7) provided for the repeal of this section, effective July 1, 2001. (See L. 99, p. 672.) 23-1-111. Commission study - governance and administration of vocational and occupational education. (Repealed) Source: L. 85: Entire article R&RE, p. 758, § 1, effective July 1. Colorado Revised Statutes 2019 Page 35 of 673 Uncertified Printout Editor's note: Subsection (2) provided for the repeal of this section, effective July 1, 1986. (See L. 85, p. 758.) 23-1-112. Tuition - reciprocal agreements. Except as provided in section 23-1-108 (10), the commission shall identify those circumstances where the waiving of the nonresident differential in tuition rates, on a reciprocal basis with other states, would enhance educational opportunities for Colorado residents. Relative to such identified circumstances, the commission shall negotiate with the other states involved with the objective of establishing reciprocal agreements for the waiving of the nonresidential differential for Colorado residents attending state institutions of higher education in other states in exchange for Colorado state institutions of higher education waiving the nonresident differential for residents of the other states. Agreements negotiated between Colorado and other states shall provide for an equal number of resident and nonresident students to be exchanged between the states. Upon successful completion of such negotiations, the commission may identify the numbers of Colorado residents by grade level whose educational opportunities would be enhanced and the numbers of nonresident students by grade level for whom the nonresident differential is to be waived by the Colorado state institutions of higher education and may direct that the state institutions of higher education grant such waivers. The commission shall establish regulations for the administration of this section, based on the application of the closest college concept, and for the reporting to the general assembly of the numbers of students to whom the waivers are given. Source: L. 85: Entire article R&RE, p. 759, § 1, effective July 1. Editor's note: This section is similar to former § 23-1-112.5 as it existed prior to 1985. 23-1-113. Commission directive - admission standards for baccalaureate and graduate institutions of higher education - policy - report - definitions. (1) (a) The commission shall establish and the governing boards shall implement academic admission standards for first-time freshmen and transfer students at all state-supported baccalaureate and graduate institutions of higher education in the state. The commission shall establish and may subsequently review and amend the standards after consultation with the governing boards of institutions. The academic admission standards for students who do not have in-state status, as determined pursuant to section 23-7-103, shall equal or exceed those established for determining admission of in-state students. (b) The standards established for first-time admitted freshman students shall use a combination of high school academic performance indicators and national assessment test scores for eligibility criteria. The academic performance indicators may include, but are not limited to, grade point average, class rank, and content standard performance level assessments. The criteria established and the specified performance levels shall be consistent with the role and mission established for each state-supported institution of higher education. In considering the high school academic performance indicators, the commission and the governing boards may take into account the rigor of a student's high school academic preparation and the academic content of the courses taken. In lieu of the established statewide criteria, each governing board may use additional criteria for up to twenty percent of the freshmen students annually admitted to each institution under the governing board's control. Students who meet the minimum criteria for Colorado Revised Statutes 2019 Page 36 of 673 Uncertified Printout admission are not guaranteed admission to the institution to which they have applied, but they are eligible for consideration. (c) The standards established for transfer students must use college academic performance indicators as the eligibility criteria for admitted transfer students. The academic performance indicators may include but are not limited to grade point average, credit hours completed, and successful completion of developmental education courses, if required and as appropriate considering the role and mission of the receiving institution. In lieu of such criteria, additional criteria may be used for up to twenty percent of the admitted transfer students. The academic admission standards and policies established for transfer students must be consistent with the student transfer agreements established by the commission pursuant to section 23-1-108 (7)(f). Students who meet the minimum criteria for admission are not guaranteed admission to the institution to which they have applied, but they are eligible for consideration. (d) Repealed. (1.5) (a) (I) The commission shall establish and the governing boards shall implement a policy pursuant to section 23-1-113.3 to identify matriculated students who need additional supports to be successful in gateway courses in English and mathematics and standards and procedures whereby state institutions of higher education may offer supplemental academic instruction or developmental education courses as provided in section 23-1-113.3. The commission's policy must prohibit the placement of a student in developmental education courses based on a single instrument or test and must be designed to maximize the likelihood that a student will complete gateway courses in English and mathematics within one year. In addition, the commission's policy must require state institutions to use an evidence-based placement approach to placing students into English as a second language courses, and placement of these students must be designed to maximize the likelihood that a student placed in English as a second language courses will complete gateway courses in English within three years. The commission, in consultation with the governing boards, shall ensure that the policy aligns with the admission policy adopted pursuant to subsection (1) of this section. In identifying the standards for developmental education, the commission may differentiate requirements for mathematics based on the prerequisite skills needed for required courses within a student's declared program of study. (II) As part of the policy established pursuant to this subsection (1.5)(a), all state institutions of higher education are authorized to provide supplemental academic instruction even if the institution is not authorized to provide developmental education courses pursuant to section 23-1-113.3. The institution may receive stipend payments from the state pursuant to section 23-18-202 on behalf of an eligible undergraduate student, as defined in section 23-18102 (5), who is enrolled in a college-level course that includes supplemental academic instruction or co-requisite support or who is enrolled in a pilot program pursuant to section 23-1113.3 (1)(a)(III). (b) Each governing board shall adopt policies and procedures that are aligned with the policy established by the commission pursuant to subsection (1.5)(a) of this section and that ensure that, to the extent required by the commission policy, each matriculated student who may need additional supports to be successful in gateway courses in English and mathematics has access to supplemental academic instruction. The institution that enrolls the student shall select which measures to use from among those that meet the standards established in the commission policy. The commission, in consultation with the governing boards, shall collect information Colorado Revised Statutes 2019 Page 37 of 673 Uncertified Printout regarding the measures used by the institutions for placement to help analyze the data reported pursuant to subsection (9) of this section and by section 23-1-113.3 (4). (c) All students enrolled in programs that require gateway courses in English and mathematics at state institutions of higher education should complete gateway courses by the time the student completes thirty college-level credit hours. (2) Repealed. (3) (a) (Deleted by amendment, L. 2004, p. 201, § 16, effective August 4, 2004.) (b) (Deleted by amendment, L. 96, p. 1236, § 78, effective August 7, 1996.) (4) The commission shall work with the state board of education to align the academic admission standards established pursuant to this section with the guidelines for high school graduation requirements developed pursuant to section 22-2-106 (1)(a.5), C.R.S. Any revised academic admission standards shall be implemented no later than the selection of the freshman class of fall 2012. (5) (a) On or before December 15, 2009, pursuant to section 22-7-1008, C.R.S., the commission shall consult with the state board of education, and the commission and the state board of education shall negotiate a consensus and adopt the description of postsecondary and workforce readiness. (b) On or before July 1, 2015, and on or before July 1 every six years thereafter, the commission and the state board of education may adopt revisions to the postsecondary and workforce readiness description. (6) Repealed. (7) Notwithstanding any provision of this section to the contrary, a student who graduates with a high school diploma that includes a postsecondary and workforce readiness endorsement based on criteria adopted by the state board and approved by the commission and the governing boards of the state institutions of higher education pursuant to section 22-7-1009, C.R.S., shall be guaranteed: (a) To meet minimum academic qualifications for admission to, and to be eligible, subject to additional institutional review of other admission and placement qualifications, for placement into credit-bearing courses at, all open, modified open, or moderately selective public institutions of higher education in Colorado; and (b) To receive priority consideration, in conjunction with additional admissions criteria, and to be eligible, subject to additional institutional review of other admission and placement qualifications, for placement into credit-bearing courses, at all other public institutions of higher education in Colorado. The additional admissions criteria shall be determined by each institution of higher education. (8) (a) On or before December 15, 2013, based on adoption of the description of postsecondary and workforce readiness, the commission shall, if necessary, revise the minimum academic admission standards for first-time freshmen at all state-supported baccalaureate and graduate institutions of higher education in the state to ensure that the minimum academic admission standards are aligned with the description of postsecondary and workforce readiness adopted by the commission and the state board of education. (b) On or before December 15, 2013, the commission shall review the policy established pursuant to subsection (1.5)(a) of this section and the developmental education placement or assessment tests administered pursuant to subsection (1.5) of this section to ensure that the policy and tests are aligned with the postsecondary and workforce readiness description. Colorado Revised Statutes 2019 Page 38 of 673 Uncertified Printout (c) Consistent with any revisions adopted pursuant to this section to the description of postsecondary and workforce readiness, the commission shall, if necessary, adopt revisions to the minimum academic admission standards, the policy established pursuant to subsection (1.5)(a) of this section, and the developmental education placement or assessment tests to ensure continued alignment with the postsecondary and workforce readiness description. (d) In revising the minimum academic admission standards, the policy established pursuant to subsection (1.5)(a) of this section, and the developmental education placement or assessment tests pursuant to this subsection (8), the commission shall consult with the governing boards of the state institutions of higher education. (9) (a) Notwithstanding section 24-1-136 (11)(a)(I) to the contrary, on or before February 15, 2012, and on or before April 15 each year thereafter, the department of higher education shall submit to the state board of education, the department of education, and the education committees of the house of representatives and the senate, or any successor committees, a report, subject to available data, for the high school graduating classes of the preceding six academic years concerning: (I) The need for additional supports for students to be successful in gateway courses in English and mathematics, the subject for which the students are identified as needing additional supports to be successful in gateway courses, and student success in gateway courses; (II) First-year college grades; and (III) Types of academic certificates and degrees attained at all postsecondary institutions in Colorado and the United States. (b) The department of higher education shall report the information disaggregated by high school and school district of graduation, to the extent practicable, and by ethnicity, gender, financial aid status, and any other characteristic deemed relevant by the commission. The department of higher education and the department of education shall also make the report available on their respective websites. (10) On or before February 15, 2009, and on or before April 15 each year thereafter, the department of higher education shall submit to the department of education the unit records used for its reporting purposes under this section to enable the department of education to evaluate the effectiveness of the alignment of the preschool through postsecondary education systems in preparing students who demonstrate postsecondary and workforce readiness and subsequently succeed in postsecondary education and to enable the department of higher education to disseminate the unit records to the appropriate school districts. (11) As used in this section, unless the context otherwise requires: (a) "Academic skills courses" means courses that teach the basic academic skills necessary to succeed at a postsecondary institution. (b) "Developmental education courses" means courses that are prerequisites to the level of work expected at a postsecondary institution and include academic skills courses and preparatory courses. (b.5) "Gateway course" means the first college-level course in English or mathematics that is approved for statewide transfer pursuant to section 23-1-125 (3) and that a student takes to fulfill the English or mathematics requirement for the student's program of study. (c) "National assessment test scores" include, but are not limited to, ACT test scores and SAT test scores. Colorado Revised Statutes 2019 Page 39 of 673 Uncertified Printout (d) "Preparatory courses" means courses designed for students who demonstrate a deficient skill level in the general competencies necessary to succeed in a standard postsecondary curriculum and include but are not limited to reading courses that focus on nontechnical vocabulary, word identification, and reading of everyday material; writing courses that focus primarily on grammar, usage, punctuation, and effective sentences and paragraphs; and mathematics courses primarily covering concepts introduced in elementary and intermediate algebra and geometry. (e) (I) "Supplemental academic instruction" means academic support models that use peer or instructor study sessions or individualized in-class academic support to improve student learning, retention, or success. "Supplemental academic instruction" also includes co-requisite and modified co-requisite supports. "Supplemental academic instruction" does not include prerequisite developmental education courses. (II) As referenced in subsection (11)(e)(I) of this section, co-requisite or modified corequisite supports are designed for students identified as needing additional supports to be successful in college-level gateway courses. Co-requisite models pair a transfer-level course with a support course, extending the instructional time through additional lecture or lab hours, or require students to participate in academic support services in mathematics, English, or writing. Source: L. 85: Entire article R&RE, p. 759, § 1, effective July 1. L. 93: (1)(a) amended, p. 2124, § 5, effective June 11. L. 94: (1)(c) amended, p. 1795, § 7, effective May 31. L. 95: (1)(b) and (1)(c) amended and (3) added, p. 54, § 3, effective March 20; (2) amended, p. 39, § 2, effective January 1, 1996. L. 96: (1)(b) and (1)(c) amended, p. 171, § 1, effective July 1; (2) and (3)(b) amended, p. 1236, § 78, effective August 7. L. 99: (2) repealed, p. 849, § 1, effective May 24. L. 2000: (1)(b) amended, p. 1484, § 2, effective June 1. L. 2004: (1)(b)(I)(B), (1)(c), and (3)(a) amended, p. 201, § 16, effective August 4. L. 2007: (4) added, p. 678, § 5, effective May 2. L. 2008: (5) to (10) added, p. 769, § 5, effective May 14. L. 2010: (6)(b) amended, (HB 101013), ch. 399, p. 1912, § 35, effective June 10; (1)(c) amended, (HB 10-1208), ch. 191, p. 822, § 2, effective August 11. L. 2012: (1), (8), (9), and (10) amended and (1.5) and (11) added, (HB 12-1155), ch. 255, p. 1273, § 1, effective August 8. L. 2015: (6) repealed, (HB 15-1323), ch. 204, p. 735, § 59, effective May 20. L. 2017: (9) amended, (HB 17-1251), ch. 253, p. 1058, § 4, effective August 9. L. 2019: (1)(c), (1.5), (8)(b), (8)(c), (8)(d), (9), (10), (11)(b), and (11)(e) amended and (11)(b.5) added, (HB 19-1206), ch. 133, p. 593, § 2, effective April 25. Editor's note: Subsection (1)(d)(II) provided for the repeal of subsection (1)(d), effective June 30, 1988. (See L. 85, p. 759.) Cross references: For the legislative declaration contained in the 1996 act amending subsections (2) and (3)(b), see section 1 of chapter 237, Session Laws of Colorado 1996. For the legislative declaration contained in the 2007 act enacting subsection (4), see section 1of chapter 182, Session Laws of Colorado 2007. For the legislative declaration in HB 19-1206, see section 1 of chapter 133, Session Laws of Colorado 2019. 23-1-113.2. Department directive - admission standards for students holding international baccalaureate diplomas - legislative declaration. (1) (a) The general assembly hereby finds and declares that: Colorado Revised Statutes 2019 Page 40 of 673 Uncertified Printout (I) It is in the best interests of the state to encourage the development and adoption of innovative and effective curricula for high school students; (II) The international baccalaureate diploma program is an established and wellrespected program designed to provide innovative curricula world-wide; (III) In most other Western educational systems, secondary education includes the equivalent of a thirteenth grade, and the international baccalaureate diploma program conforms to this approach with its rigorous course of study over two years; (IV) A student who has successfully completed the international baccalaureate diploma program is viewed as a highly attractive student by institutions of higher education due to the student's ambition, work habits, and scholarship; (V) Nationwide, institutions of higher education recognize the high level of academic sophistication of international baccalaureate students and many offer considerable college credit as an inducement for those students to attend their institutions; (VI) Many Colorado international baccalaureate students leave the state to attend institutions of higher education that provide attractive offers of credit; and (VII) It is in the best interests of Colorado to retain the state's best and brightest students who can establish permanent residency and subsequently contribute to the intellectual and economic vitality of the state. (b) It is therefore the intent of the general assembly in enacting this section that Colorado institutions of higher education be required to adopt comprehensive and reasonable policies to offer credit to international baccalaureate students. (2) (a) The department shall ensure that each governing board of a state-supported baccalaureate and graduate institution of higher education in the state adopt and implement, for each of the institutions under its control, a policy for the acceptance of first-time freshman students who have successfully completed an international baccalaureate diploma program. (b) Each governing board shall report the policy adopted and implemented pursuant to paragraph (a) of this subsection (2) to the department and shall make the policy available to the public in an electronic format. (c) Each governing board shall set the number of credits the institution may grant to a student who has successfully completed an international baccalaureate diploma program. Except as otherwise provided in paragraph (d) of this subsection (2), the number of credits granted by an institution shall be, at a minimum, twenty-four semester credits or their equivalent. Each governing board shall identify the specific general education or elective requirements that the student satisfies by having successfully completed the international baccalaureate diploma program and shall outline the conditions necessary to award the credits. (d) Each institution may determine the level of student performance necessary to grant the credits, as measured by a student's exam performance in the specific courses constituting the international baccalaureate diploma program. An institution may only grant less than twentyfour semester credits or their equivalent if the student has received a score of less than four on an exam administered as part of the international baccalaureate diploma program, in which case the number of semester credits or their equivalent granted by the institution shall be reduced accordingly. (3) The provisions of this section shall not apply to the Colorado school of mines while the institution is operating under a performance contract negotiated pursuant to section 23-41104.6. Colorado Revised Statutes 2019 Page 41 of 673 Uncertified Printout Source: L. 2003: Entire section added, p. 1213, § 1, effective August 6. L. 2008: (2)(a) and (2)(b) amended, p. 1474, § 12, effective May 28. L. 2017: (3) amended, (SB 17-297), ch. 210, p. 818, § 7, effective May 18. 23-1-113.3. Commission directive - developmental education courses - report. (1) (a) (I) As part of the policy adopted by the commission pursuant to section 23-1-113 (1.5)(a), the commission shall adopt and the governing boards shall implement standards and procedures whereby state institutions of higher education may offer developmental education courses, as defined in section 23-1-113 (11)(b), pursuant to this section, as prerequisites to a gateway course in English and mathematics, as defined in section 23-1-113 (11)(b.5). Beginning in the 2022-23 academic year, no more than ten percent of students enrolling in a state institution of higher education shall be enrolled directly into a developmental education course, as defined in section 23-1-113 (11)(b), that is prerequisite to a gateway course in English or mathematics if the developmental education course lengthens the student's time to degree beyond the time it would take the student to complete the degree if the student had enrolled directly into a gateway course. (II) On or before August 1, 2021, each state institution of higher education authorized pursuant to subsection (2)(a) of this section to offer developmental education courses, as defined in section 23-1-113 (11)(b), shall have a plan in place to meet the requirements described in subsection (1)(a)(I) of this section. The commission's standards and procedures must allow an institution of higher education to request an extension from the commission of up to two years to meet the requirements described in subsection (1)(a)(I) of this section, upon demonstrating exceptional circumstances. (III) The commission's standards and procedures adopted pursuant to subsection (1)(a)(I) of this section must allow state institutions of higher education serving groups of students who are not successful in supplemental academic instruction to pilot different approaches that are more successful for those students and to request a waiver from the commission's standards and procedures in order to duplicate or expand successful approaches. (2) (a) Subject to the provisions of this section, Adams state university, Colorado Mesa university, Western Colorado university in Chaffee and Gunnison counties, any local community college, and any community college governed by the state board for community colleges and occupational education may offer developmental education courses, as defined in section 23-1113 (11)(b), and receive stipend payments from the state on behalf of eligible undergraduate students, as defined in section 23-18-102 (5). (b) Except as otherwise provided in subsection (5) of this section, any state institution of higher education not specified in subsection (2)(a) of this section is prohibited from offering a developmental education course, unless the course is offered by contract through any of the institutions of higher education specified in subsection (2)(a) of this section. (c) Notwithstanding the provisions of subsection (2)(b) of this section, Metropolitan state university of Denver and the university of Colorado at Denver are prohibited from offering developmental education courses. (3) Each state institution of higher education shall track all students who are identified as needing additional supports to be successful in gateway courses in English or mathematics pursuant to section 23-1-113 (1.5) in order to determine whether those students successfully complete requirements for graduation. Colorado Revised Statutes 2019 Page 42 of 673 Uncertified Printout (4) (a) Notwithstanding section 24-1-136 (11)(a)(I) to the contrary, the department shall transmit annually to the education committees of the senate and the house of representatives, or any successor committees, the joint budget committee, the commission, and the department of education an analysis of the data: (I) Regarding students who are identified as needing additional supports to be successful in gateway courses in English and mathematics, pursuant to section 23-1-113 (1.5), and who receive supplemental academic instruction or are enrolled in developmental education courses; and (II) Regarding the costs of providing supplemental academic instruction or developmental education courses pursuant to section 23-1-113 (1.5) and whether students who receive supplemental academic instruction or complete developmental education courses successfully complete the requirements for graduation. (b) (Deleted by amendment, L. 2019.) (5) Any state institution of higher education not specified in subsection (2)(a) of this section offering a developmental education course on a cash-funded basis shall report annually to the department the same data that is required to be compiled and tracked pursuant to subsection (3) of this section. (5.5) The institution and the department shall report the information specified in subsections (3) and (4) of this section on an individual student basis, using each student's unique student identifier. (6) For purposes of this section, "local community college" includes Aims community college and Colorado mountain college. Source: L. 2000: Entire section added, p. 1482, § 1, effective June 1. L. 2002: (1) and (2)(a) amended, p. 1021, § 37, effective June 1. L. 2004: (2)(a) amended, p. 718, § 5, effective July 1, 2005. L. 2005: (2)(a) amended, p. 1014, § 5, effective July 1, 2006. L. 2008: (1), (3)(c), (4), (5), and (6) amended, p. 1475, § 13, effective May 28. L. 2010: (5.5) added, (HB 10-1171), ch. 401, p. 1935, § 6, effective August 11. L. 2011: (2)(a), IP(3), and (5.5) amended, (SB 11265), ch. 292, p. 1365, § 15, effective August 10. L. 2012: (2)(a), IP(3), and (5.5) amended, (HB 12-1080), ch. 189, p. 757, § 10, effective May 19; (2)(c) amended, (SB 12-148), ch. 125, p. 425, § 8, effective July 1; (1), (2)(a), (3), (4)(a), and (5.5) amended, (HB 12-1155), ch. 255, p. 1277, § 2, effective August 8. L. 2014: (2)(a) and IP(3) amended, (SB 14-004), ch. 13, p. 123, § 6, effective August 6. L. 2017: IP(4)(a) amended, (HB 17-1251), ch. 253, p. 1058, § 5, effective August 9. L. 2019: Entire section amended, (HB 19-1206), ch. 133, p. 596, § 3, effective April 25; (2)(a) and IP(3) amended, (HB 19-1178), ch. 400, p. 3544, § 8, effective July 1. Editor's note: (1) Amendments to subsection (2)(a) and the introductory portion to subsection (3) by House Bill 12-1080 and House Bill 12-1155 were harmonized. (2) Amendments to this section by HB 19-1206 and HB 19-1178 were harmonized. Cross references: For the legislative findings and declarations contained in the 2004 act amending subsection (2)(a), see section 1 of chapter 215, Session Laws of Colorado 2004. For the legislative declaration in the 2011 act amending subsection (2)(a), the introductory portion to subsection (3), and subsection (5.5), see section 1 of chapter 292, Session Laws of Colorado 2011. For the legislative declaration in the 2012 act amending subsection (2)(c), see section 1 of Colorado Revised Statutes 2019 Page 43 of 673 Uncertified Printout chapter 125, Session Laws of Colorado 2012. For the legislative declaration in SB 14-004, see section 1 of chapter 13, Session Laws of Colorado 2014. For the legislative declaration in HB 19-1206, see section 1 of chapter 133, Session Laws of Colorado 2019. 23-1-113.5. Commission directive - resident admissions - report - definitions. (1) It is the intent of the general assembly that all state-supported institutions of higher education operate primarily to serve and educate the people of Colorado. The general assembly therefore directs the commission to develop admission policies to ensure that, beginning with the fall term of 1994 and for the fall term of each year thereafter, not less than fifty-five percent of the incoming freshman class at each state-supported institution of higher education are in-state students as defined in section 23-7-102 (5). Commencing with the fall term of 1995, this requirement shall be met if the percentage of in-state students in the incoming freshman class for the then current fall term and the two previous fall terms averages not less than fifty-five percent. Such fifty-five percent requirement shall also apply to the percentage of incoming freshmen students who are admitted based on criteria other than standardized test scores, high school class rank, and high school grade point average pursuant to section 23-1-113 (1)(b). In addition, the commission shall develop admission policies to ensure, beginning with the fiscal year which begins July 1, 1994, and for each fiscal year thereafter, that not less than two-thirds of the total student enrollment, including undergraduate and graduate students, at each campus of each statesupported institution of higher education, except the Colorado school of mines, are in-state students as defined in section 23-7-102 (5) and that not less than sixty percent of the total student enrollment, including undergraduate and graduate students, at the Colorado school of mines are in-state students as defined in section 23-7-102 (5). This requirement shall be met if, commencing with the fiscal year that begins July 1, 1995, the fraction of in-state students, as defined in section 23-7-102 (5), enrolled at each state-supported institution of higher education, except the Colorado school of mines, averages not less than two-thirds of the total fiscal year student enrollment for the then current fiscal year plus the two previous fiscal years. For the Colorado school of mines, this fraction of in-state students shall be not less than three-fifths. Such policies shall be implemented no later than July 1, 1994. (2) (a) The provisions of subsection (1) of this section regarding the fraction of students who are in-state students attending the Colorado school of mines shall also apply to Western Colorado university. (b) Repealed. (c) After one hundred percent of all qualified Colorado applicants have been accepted by Adams state university, Colorado Mesa university, and Western Colorado university, the provisions of subsection (1) of this section regarding the fraction of students who are in-state students ceases to apply to said three state institutions of higher education. (d) After one hundred percent of all qualified Colorado applicants have been accepted by Adams state university, Fort Lewis college, Colorado Mesa university, and Western Colorado university, the provisions of subsection (1) of this section regarding the fraction of students who are in-state students ceases to apply to said four state institutions of higher education. (3) The provisions of subsection (1) of this section regarding the fraction of students who are in-state students at institutions of higher education do not apply to any Native American student who attends Fort Lewis college. The calculation of the fraction of students at Fort Lewis Colorado Revised Statutes 2019 Page 44 of 673 Uncertified Printout college who are in-state students shall exclude any Native American student attending the college. (4) (a) The provisions of subsection (1) of this section regarding the percentage and fraction of students who are in-state students, as defined in section 23-7-102 (5), do not apply to the university of Colorado system, Colorado state university, the university of northern Colorado, or the Colorado school of mines if the following requirements are met: (I) The percentage of incoming freshmen admitted to the institution who are in-state students calculated on a three-year rolling average and excluding foreign students, is not less than fifty-five percent; (II) The percentage of students enrolled at each campus of the university of Colorado system, at Colorado state university, at the university of northern Colorado, or at the Colorado school of mines who are in-state students is not less than fifty-five percent of the total student enrollment at each campus of the university of Colorado system, at Colorado state university, at the university of northern Colorado, or at the Colorado school of mines, respectively, including undergraduate and graduate students, calculated on a three-year rolling average and excluding foreign students and students enrolled solely in online courses; (III) The institution continues to admit one hundred percent of all Colorado first-time freshman applicants who meet the guaranteed admissions criteria; (IV) The percentage of in-state students admitted to each campus of the university of Colorado system, to the university of northern Colorado, or to Colorado state university based on criteria other than standardized test scores, high school class rank, and high school grade point average pursuant to section 23-1-113 (1)(b) does not fall below the average of the percentage admitted to the campus or to Colorado state university, respectively, for the three preceding academic years; and (V) The total number of foreign students enrolled at each specific campus of the university of Colorado system, at Colorado state university, at the university of northern Colorado, or at the Colorado school of mines does not exceed fifteen percent of the total student enrollment, including undergraduate and graduate students, enrolled at the campus, at Colorado state university, at the university of northern Colorado, or at the Colorado school of mines, respectively. (b) The university of Colorado and Colorado state university shall annually report to the commission information demonstrating that qualified in-state students are not displaced or denied admissions as a result of the provisions of this subsection (4) and that any increase in the enrollment of foreign students at a specific campus of the university of Colorado system or at Colorado state university is a result of increased capacity at the campus or at Colorado state university, respectively. (c) For purposes of this subsection (4), "foreign student" means a student who is counted as foreign and present in the United States on a nonimmigrant visa. (d) (I) (A) Beginning October 15, 2018, and no later than October 15 each year thereafter, the department shall submit a report to the joint budget committee and to the education committees of the house of representatives and of the senate, or their successor committees, demonstrating that the institutions included in this subsection (4) have met resident admission and enrollment requirements set forth in this section for the prior fiscal year. (B) Notwithstanding the provisions of section 24-1-136 (11)(a)(I), the reporting requirements in subsection (4)(d)(I)(A) of this section continue indefinitely. Colorado Revised Statutes 2019 Page 45 of 673 Uncertified Printout (II) The department and the institutions shall ensure that the data required for these calculations is consistently included in the state's student records database, including data on the number of students with in-state classification and out-of-state classification, the number classified as international students for purposes of the calculation, the resident and nonresident students classified as online only students for purposes of the calculation, and the number of students classified as Colorado scholars pursuant to subsection (5) of this section. The report shall include both the nominal numbers of students in each relevant category and the calculation demonstrating the institution's compliance with this section. (III) As part of the report required pursuant to this subsection (4)(d), in collaboration with the institutions, the department shall demonstrate that the institutions are complying with the provisions of section 23-1-113 (1)(a) that require that the academic admission standards for students who do not have in-state status, as determined pursuant to section 23-7-103, are equal to or exceed those established for determining admission of in-state students, and the requirements of subsection (4)(b) of this section, that require that certain institutions annually report information demonstrating that qualified in-state students are not displaced or denied admission as a result of the provisions of this subsection (4). (5) (a) Notwithstanding any provision of this section to the contrary, beginning in the fall semester of 2013, a state-supported institution of higher education or a campus of the institution may count each Colorado scholar who enrolls at the institution or the campus of the institution as two in-state students for purposes of calculating the percentages and fractions of instate students required in this section. (b) Notwithstanding any provision of this section to the contrary, beginning in the fall semester of 2013, a state-supported institution of higher education or a campus of the institution meets the requirements specified in subparagraph (IV) of paragraph (a) of subsection (4) of this section if the percentage of in-state students admitted to the institution or to each campus of the institution based on criteria that are in lieu of the established statewide criteria as provided in section 23-1-113 (1)(b) plus the percentage of in-state students enrolling as Colorado scholars exceeds the percentage of nonresident students admitted to the institution or to each campus of the institution based on criteria that are in lieu of the established statewide criteria. (c) The provisions of this subsection (5) apply only to a state-supported institution of higher education, or to a campus of the institution, that establishes and funds a Colorado scholar program. (d) Notwithstanding any provision of this subsection (5) to the contrary, the number of Colorado scholars that each institution counts for purposes of subparagraphs (a) and (b) of this subsection (5) in an academic year shall not exceed eight percent of the total number of in-state students that the institution counts in the applicable fraction or percentage in that academic year. (e) As used in this subsection (5): (I) "Colorado scholar" means an in-state student who is eligible to participate in an institutional Colorado scholar program and is designated by the state-supported institution of higher education as a Colorado scholar. A student is eligible to participate in a Colorado scholar program only if the student graduates in the top ten percent of the student's high school class or graduates with at least a 3.75 grade point average, having completed a highly rigorous college preparatory curriculum, and meets any additional criteria established by the institution. (II) "Colorado scholar program" means an institutional program or group of programs that awards institutional financial aid or scholarships to undergraduate, degree-seeking, in-state Colorado Revised Statutes 2019 Page 46 of 673 Uncertified Printout students, with the goal of attracting in-state students to and retaining them in Colorado institutions of higher education. A state-supported institution of higher education shall provide each student who is designated as a Colorado scholar for purposes of paragraphs (a) and (b) of this subsection (5) at least two thousand five hundred dollars in annual financial aid or scholarship moneys through the institution's Colorado scholar program. Source: L. 93: Entire section added, p. 2124, § 6, effective June 11. L. 94: Entire section amended, p. 1676, § 1, effective May 31. L. 95: (1) amended, p. 55, § 4, effective March 20. L. 96: (1) amended, p. 1236, § 79, effective August 7. L. 97: (2)(b) repealed, p. 25, § 1, effective March 20. L. 2002: (2)(c) added, p. 1281, § 5, effective July 1; (2)(d) added, p. 1260, § 18, effective July 1. L. 2010: (4) added, (SB 10-003), ch. 391, p. 1846, § 20, effective June 9. L. 2011: (2)(c) and (2)(d) amended, (SB 11-265), ch. 292, p. 1365, § 16, effective August 10. L. 2012: (2)(c) and (2)(d) amended, (HB 12-1080), ch. 189, p. 757, § 11, effective May 19; (2) amended, (HB 12-1331), ch. 254, p. 1268, § 9, effective August 1. L. 2013: (5) added, (HB 131320), ch. 383, p. 2245, § 1, effective June 5. L. 2018: (4)(a) amended and (4)(d) added, (SB 18206), ch. 372, p. 2266, § 2, effective August 8. L. 2019: (2) amended, (HB 19-1178), ch. 400, p. 3544, § 9, effective July 1. Editor's note: (1) Subsection (2)(d) was originally numbered as (2)(c) in House Bill 021419 but has been renumbered on revision for ease of location. (2) Amendments to subsections (2)(c) and (2)(d) by House Bill 12-1080 and House Bill 12-1331 were harmonized. Cross references: For the legislative declaration contained in the 1996 act amending this section, see section 1 of chapter 237, Session Laws of Colorado 1996. For the legislative declaration contained in the 2002 act enacting subsection (2)(c), see section 1 of chapter 307, Session Laws of Colorado 2002. For the legislative declaration contained in the 2002 act enacting subsection (2)(d), see section 1 of chapter 303, Session Laws of Colorado 2002. For the legislative declaration in the 2010 act adding subsection (4), see section 1 of chapter 391, Session Laws of Colorado 2010. For the legislative declaration in the 2011 act amending subsections (2)(c) and (2)(d), see section 1 of chapter 292, Session Laws of Colorado 2011. For the legislative declaration in SB 18-206, see section 1 of chapter 372, Session Laws of Colorado 2018. 23-1-113.7. Commission directive - nursing programs - employer-based gift and scholarship fund - reporting requirement - legislative declaration. (1) The general assembly recognizes the need to provide a high quality trained workforce necessary for the delivery of quality care to seniors and other individuals. The general assembly further recognizes that limiting the number of students participating in nursing programs in the state-supported institutions of higher education frustrates the goal of delivering quality care to the number of those in need. (2) The commission shall develop admissions policies for nursing programs at statesupported institutions of higher education that, subject to the availability of funds through the more nurses for Colorado fund created pursuant to subsection (4) of this section, allow for a greater number of students to be admitted to nursing education programs on or after July 1, Colorado Revised Statutes 2019 Page 47 of 673 Uncertified Printout 2002, who would otherwise not be admitted because of the limit on the number of students that the institution accepted in its nursing program prior to July 1, 2002. (3) The commission shall direct the governing boards of state supported institutions of higher education with nursing programs to allow additional students of nursing to be admitted when there are sufficient funds available through the more nurses for Colorado fund created pursuant to subsection (4) of this section to support the increased costs associated with such students. (4) There is hereby created in the office of the state treasurer the more nurses for Colorado fund. Such fund shall consist of gifts, grants, and donations from private entities and shall be continuously appropriated by the general assembly. Such moneys shall be used by the commission solely to support the development of additional capacity to allow a greater number of students to be admitted to the nursing programs in the state-supported institutions of higher education. Such moneys shall constitute gifts for the purposes of calculating fiscal year spending pursuant to section 20 of article X of the Colorado constitution. (5) It is the intent of the general assembly that no general fund dollars be appropriated for the purposes of implementing the requirements of this section. (6) Each state-supported institution of higher education that offers a bachelor of science degree in nursing shall submit an annual report to the department of higher education that includes the following information: (a) The number of bachelor of science in nursing degrees and the number of associate nursing degrees, if any, awarded; (b) The number of nursing program graduates who passed the state nursing licensure examination; and (c) The total tuition for a student to complete the state-supported institution of higher education's bachelor of science degree in nursing program. Source: L. 2002: Entire section added, p. 894, § 2, effective May 31. L. 2018: (6) added, (HB 18-1086), ch. 70, p. 631, § 4, effective March 24. Cross references: For the legislative declaration contained in the 2002 act enacting this section, see section 1 of chapter 238, Session Laws of Colorado 2002. For the legislative declaration in HB 18-1086, see section 1 of chapter 70, Session Laws of Colorado 2018. 23-1-114. Commission directive - study of role of state board for community colleges and occupational education and the local councils. (Repealed) Source: L. 85: Entire article R&RE, p. 760, § 1, effective July 1. Editor's note: Subsection (2) provided for the repeal of the section, effective July 1, 1986. (See L. 85, p. 760.) 23-1-115. Commission directive - review and action on existing degree programs. (Repealed) Colorado Revised Statutes 2019 Page 48 of 673 Uncertified Printout Source: L. 85: Entire article R&RE, p. 760, § 1, effective July 1. L. 2008: Entire section repealed, p. 1483, § 30, effective May 28. 23-1-116. Commission directive - education degree programs. (Repealed) Source: L. 85: Entire article R&RE, p. 760, § 1, effective July 1. L. 2000: Entire section repealed, p. 1546, § 6, effective August 2. 23-1-117. Commission directive - administrative expense reduction. (Repealed) Source: L. 87: Entire section added, p. 844, § 2, effective April 22. L. 90: Entire section amended, p. 1138, § 2, effective July 1. L. 96: Entire section repealed, p. 1834, § 8, effective June 5. 23-1-118. Commission directive - programs of excellence. (Repealed) Source: L. 88: Entire section added, p. 842, § 1, effective July 1. L. 90: (1) and (4) amended and (6) added, p. 1140, § 4, effective July 1. L. 91: (1) amended, p. 512, § 6, effective June 6. L. 96: (4) and (5) amended, p. 1237, § 81, effective August 7. L. 99: (6)(b) amended, p. 882, § 8, effective July 1. L. 2004: (1) amended, p. 202, § 17, effective August 4. L. 2017: Entire section repealed, (SB 17-297), ch. 210, p. 819, § 8, effective May 18. 23-1-119. Department directive - transition between K-12 education system and postsecondary education system. (1) The general assembly hereby finds and declares that, in order for students to succeed at state-supported institutions of higher education, the Colorado public system of elementary and secondary education must have provided students with the skills and abilities necessary to make the transition to the postsecondary system. The general assembly further recognizes that the establishment of goals and standards for providing transition skills and abilities is the prerogative of the elementary and secondary public education system. The general assembly recognizes that, in establishing these goals and standards, the elementary and secondary education system should be in communication with the postsecondary education system regarding the skills and abilities that are needed to succeed in higher education. It is therefore the intent of the general assembly that the department, in consultation with the department of education, adopt necessary policies and procedures to facilitate the transition for students between the two systems. (2) In consultation with the state board of education, appropriate school boards, and governing boards of state-supported institutions of higher education, the department and the governing boards shall adopt necessary policies and procedures to promote the establishment of a mechanism for postsecondary institutions to report back to the secondary public education system concerning: (a) The skills and abilities, and the level of proficiency thereof, that first-year students at such postsecondary institutions need to have in order to succeed; (b) The level of proficiency in such skills and abilities currently exhibited by first-year students; (c) The level of achievement currently exhibited by first-year students; and Colorado Revised Statutes 2019 Page 49 of 673 Uncertified Printout (d) Any other information that will provide a better transition for students between the two education systems. (3) In consultation with the state board of education, governing boards of state-supported institutions of higher education, and appropriate school district boards, the department shall aid the elementary and secondary public education system and the postsecondary public education system in establishing a network to connect the faculty of postsecondary institutions with the teachers in school districts for the purpose of exchanging information. (4) For purposes of this section, "postsecondary" means related to instruction of students over the age of seventeen years who are not enrolled in a regular program of kindergarten through grade twelve in a public, independent, or parochial school. (5) Repealed. Source: L. 92: Entire section added, p. 557, § 1, effective March 25; (1) amended, p. 2184, § 62, effective June 2. L. 97: (1) amended, p. 951, § 10, effective August 6; (1) amended, p. 462, § 13, effective August 6. L. 99: (5) repealed, p. 849, § 2, effective May 24. L. 2006: (4) amended, p. 1214, § 8, effective July 1, 2007. L. 2008: (1), IP(2), and (3) amended, p. 1475, § 14, effective May 28. Editor's note: Amendments to subsection (1) by House Bill 97-1253 and House Bill 971219 were harmonized. Cross references: For the legislative declaration contained in the 2006 act amending subsection (4), see section 1 of chapter 265, Session Laws of Colorado 2006. 23-1-119.1. Department directive - notice of postsecondary educational opportunities and higher education admission guidelines. (1) Annually, beginning in the spring of 2006, upon receipt of the names and mailing addresses of students enrolled in the eighth grade from the board of education of each school district in Colorado and the state charter school institute, the department shall provide notice of postsecondary educational opportunities to the parents or legal guardians of all eighth-grade students enrolled in public schools in the state. At a minimum, the notice shall specify: (a) The Colorado commission on higher education's higher education admission guidelines and an explanation that compliance with the higher education admission guidelines is necessary for acceptance, but is not a guarantee of admission, to a state-supported institute of higher education; (b) A student's potential need for remedial education and any related financial obligations that may fall to the student's parent or legal guardian if the student desires to apply to a state-supported, four-year college or university in Colorado but does not meet the higher education admission guidelines; (c) A student who fails to pass a course listed in the higher education admission guidelines may enroll in a gateway course, as defined in section 23-1-113 (11)(b.5), with additional supports through supplemental academic instruction, as defined in section 23-1-113 (11)(e), successful completion of which will satisfy the requirements of the higher education admission guidelines; Colorado Revised Statutes 2019 Page 50 of 673 Uncertified Printout (d) The availability of and instructions for acquiring information regarding financial assistance to attend an institution of higher education, including stipend amounts, tuition, and other financial aid; (e) The annual state stipend amount as determined pursuant to section 23-18-202; (f) The annual cost of in-state tuition for attendance at a public higher education institution in the state; (g) The amount of the student's share of tuition as determined pursuant to section 23-18207; and (h) Notification that the stipend amount and the amount of tuition may change annually. Source: L. 2005: Entire section added, p. 445, § 2, effective August 8. L. 2008: IP(1) amended, p. 1476, § 15, effective May 28. L. 2019: (1)(c) amended, (HB 19-1206), ch. 133, p. 606, § 22, effective April 25. Cross references: For the legislative declaration in HB 19-1206, see section 1 of chapter 133, Session Laws of Colorado 2019. 23-1-119.2. Commission directive - notice of college preparatory courses for high school students. (1) The commission shall adopt a policy on or before October 1, 2005, to: (a) Obtain, on or before June 1 of each school year, from the appropriate test administrators the names and mailing addresses of all students enrolled in Colorado public schools who take a standardized, curriculum-based, achievement college entrance exam or a precollegiate exam; (b) Beginning in the spring of 2006, send an annual notice concerning college preparatory courses to the parent or legal guardian of each student who takes a standardized, curriculum-based, achievement, college entrance exam or a precollegiate exam. The commission shall send the notice to the parent or legal guardian prior to the start of a student's twelfth-grade year if the student took the standardized, curriculum-based, achievement, college entrance exam, or prior to the start of a student's eleventh-grade year if the student took the precollegiate exam. At a minimum, the notice must include: (I) A detailed description of what constitutes an inadequate score in mathematics, writing, or reading, based on the higher education admission guidelines established by the commission; (II) Information regarding a student's ability to take basic, precollegiate skills courses while enrolled in a public high school; and (III) Notice that a student's parent or legal guardian may contact the school in which the student is enrolled if he or she desires to develop a plan for the student to address the course work needed to meet the higher education admission guidelines adopted by the commission. Source: L. 2005: Entire section added, p. 519, § 1, effective May 24. L. 2015: (1)(a) and IP(1)(b) amended, (HB 15-1323), ch. 204, p. 727, § 43, effective May 20. 23-1-119.3. Department directive - exchange of student records. (1) The department of higher education and the department of education shall establish a procedure that allows for Colorado Revised Statutes 2019 Page 51 of 673 Uncertified Printout the direct, electronic exchange of student unit record data for students enrolled in Colorado public high schools. (2) Notwithstanding the provisions of section 22-2-111 (3)(a), C.R.S., the department of higher education, in collaboration with the department of education, shall identify the student data relevant to high school students' transitions to the postsecondary system to which the department of education has access and that shall be shared with the department of higher education. (3) The department of education shall collect student authorization for the transfer of data where necessary and practicable through existing systems for the collection of student data. (4) The implementation of the data exchange procedure established pursuant to this section and section 22-7-1016.5, C.R.S., must utilize student unit record data collected and maintained by the department of education and must be administered at no charge to local education providers, public institutions of higher education, or students. (5) The data exchange procedure established pursuant to this section and section 22-71016.5 must ensure that the exchange of information is conducted in compliance with all state and federal laws and regulations concerning the privacy of information, including but not limited to the federal "Family Educational Rights and Privacy Act of 1974", 20 U.S.C. sec. 1232g, as amended, and all federal regulations and applicable guidelines adopted in accordance therewith. (6) In compliance with all state and federal laws and regulations concerning the privacy of information, including but not limited to the federal "Family Educational Rights and Privacy Act of 1974", 20 U.S.C. sec. 1232g, as amended, and all federal regulations and applicable guidelines adopted in accordance therewith, the department of higher education shall share student unit record data with Colorado public institutions of higher education for recruitment, enrollment, and placement purposes. (7) The department of higher education may use Colorado public high school students' student unit record data to provide students with relevant information concerning the transition from high school to colleges and universities. (8) To the extent practicable and subject to available data and resources, the department of higher education may use the data obtained pursuant to this section for purposes of fulfilling the requirements of section 23-1-119.1 and 23-1-119.2, as well as in the admission of eligible students to public institutions of higher education. Source: L. 2013: Entire section added, (SB 13-053), ch. 112, p. 386, § 3, effective April 8. L. 2017: (5) and (6) amended, (SB 17-294), ch. 264, p. 1398, § 55, effective May 25. Cross references: For the legislative declaration in the 2013 act adding this section, see section 1 of chapter 112, Session Laws of Colorado 2013. 23-1-120. Commission directive - incentives for improvement initiative grants. (1) The general assembly finds that state encouragement would contribute to improving the quality and efficiency of the postsecondary education system in Colorado. Therefore, the general assembly finds and declares that an incentives for improvement initiative grant program should be implemented to encourage initiatives at state institutions of higher education demonstrating innovative solutions and successful approaches to increasing efficiency, productivity, quality, Colorado Revised Statutes 2019 Page 52 of 673 Uncertified Printout and diversity in the Colorado postsecondary education system through a system of competitive matching grants to such institutions. (2) The governing boards of state institutions of higher education, including local district community colleges, or a consortia of such institutions may apply for grants from the commission by submitting proposals for initiatives at their institutions to be designated as incentives for improvement. As used in this section, "incentives for improvement initiative" means any academic initiative of a state institution of higher education that, consistent with the statewide master plan for Colorado postsecondary education, is developed to achieve greater efficiency, productivity, quality, and diversity. (3) The commission, after consultation with the governing boards and the education committees of both houses of the general assembly, shall identify areas of statewide interest in the postsecondary education system and develop criteria to be employed in evaluating proposals for incentives for improvement at state institutions of higher education. Such criteria shall be developed on or before August 1, 1992. The criteria developed by the commission to evaluate such proposals, designate recipients, and award grants shall take into account the following: (a) The commitment by the governing board to provide matching funds pursuant to subsection (5) of this section for a period not to exceed five years; (b) The level of institutional commitment to the initiative measured partially in terms of the reallocation of existing resources to the support of the initiative; (c) Whether the initiative includes measures for performance evaluation that will assist and enhance existing methods of assessment and that demonstrate how the initiative improves efficiency, productivity, quality, and diversity; (d) Consistency with the goals identified in the statewide master plan and institutional academic master plan; (e) The degree of collaboration with business, industry, and other public entities in forming partnerships to enhance the quality of the educational experience; and (f) Such additional criteria as the commission may determine to be appropriate. (4) Grant applications and proposals by the governing boards shall be submitted to the commission by November 1, 1992. Employing the criteria established pursuant to subsection (3) of this section, the commission shall designate an initial list of initiatives to be designated incentives for improvement and shall provide to the general assembly such list, an analysis of the projected funding requirements of the initiative, the proposed grants, and a plan for the support and enhancement of said initiatives. The list of initiatives and proposed grants shall be delivered to the general assembly annually, on or before January 1, commencing January 1, 1993. Initial grants may be awarded to the governing boards of such institutions for the implementation of such programs on or before July 1, 1993. Incentives for improvement designations shall be reviewed annually by the commission. (5) (a) Any grant awarded pursuant to subsection (3) of this section shall be made annually for a period not to exceed five years, with receipt in any year of such a grant being dependent upon the state institution providing matching funds for such year from existing resources of such institution and any private contributions in the following amount: (I) During the first three years of the initiative, an amount equaling forty to sixty percent of the annual grant; or (II) During the fourth and fifth years of the initiative, an amount equaling sixty-five to eighty-five percent of the annual grant. Colorado Revised Statutes 2019 Page 53 of 673 Uncertified Printout (b) In determining the precise matching fund requirements for each institution selected for an improvement initiative, the commission shall give consideration to the size of the institutional budget and the percentage of such budget that is state general fund moneys. (6) The general assembly may make a separate annual appropriation to the commission, subject to available revenues, in an amount not to exceed one percent of the total annual department of higher education general fund appropriation to governing boards to be used to award incentives for improvement initiative grants. The total amount appropriated annually by the general assembly shall be allocated annually by the commission. (7) The commission, in consultation with the governing boards, shall adopt policies necessary to carry out the direction of this section and may, in furtherance of such policies, establish and implement: (a) A peer review process involving representation of the governing boards; (b) A schedule for directing grants to areas of statewide interest within the postsecondary education system; (c) A method for incorporating the cost of a successful incentives for improvement initiative into the annual appropriation to the governing board of an institution implementing such initiative upon completion of the five years of matching grants for such initiative; and (d) A system for the dissemination of information on successful and unsuccessful incentives for improvement initiatives as well as information on applying for grants under this section. (8) Repealed. (9) The commission shall promulgate such policies as may be necessary for the implementation of this section. Source: L. 92: Entire section added, p. 564, § 1, effective May 14. L. 96: (3)(c) amended, p. 790, § 3, effective May 23; (8) repealed, p. 1835, § 15, effective June 5. 23-1-120.9. Department directive - collaborative educator preparation grant program - created - reporting - legislative declaration - definitions - repeal. (Repealed) Source: L. 2017: Entire section added, (HB 17-1003), ch. 220, p. 852, § 1, effective August 9. L. 2018: Entire section R&RE, (HB 18-1332), ch. 185, p. 1248, § 1, effective April 30. L. 2019: Entire section repealed, (SB 19-190), ch. 153, p. 1821, § 5, effective May 10. Editor's note: This section was relocated to part 2 of article 78 of this title 23 in 2019. 23-1-121. Commission directive - approval of educator preparation programs review. (1) As used in this section, unless the context otherwise requires: (a) "Approved educator preparation program" means an educator preparation program that has been reviewed pursuant to the provisions of this section and has been determined by the commission to meet the performance-based standards established by the commission pursuant to this section and the requirements of section 23-1-108. (a.5) "Candidate" means a person who is participating in an initial, advanced, or other preparation program for education professionals in order to enter the education profession. Colorado Revised Statutes 2019 Page 54 of 673 Uncertified Printout (b) "Institution of higher education" means a public, private, or proprietary postsecondary institution authorized by the commission to offer educator preparation programs. (c) (Deleted by amendment, L. 2011, (SB 11-245), ch. 201, p. 842, § 2, effective August 10, 2011.) (d) "Program" means a planned sequence of undergraduate, post-baccalaureate, or graduate courses and experiences for the purpose of preparing teachers and other school professionals to be effective educators in prekindergarten through twelfth grade settings. A program may lead to a degree, a recommendation for a state license by the department of education, both, or neither. (e) "Unit" means the college, school, department, or other administrative body in a college, university, or other organization with the responsibility for managing or coordinating all programs offered for the initial and advanced preparation of educators, regardless of where the programs are administratively housed in an institution. (2) The commission shall adopt policies establishing the requirements for educator preparation programs offered by institutions of higher education. The department shall work in cooperation with the state board of education in developing the requirements for educator preparation programs. At a minimum, the requirements must ensure that each educator preparation program complies with section 23-1-125, is designed on a performance-based model, and includes: (a) A comprehensive admission system that includes screening of a candidate's dispositions for the field in which he or she is seeking licensure, consideration of a candidate's academic preparation for entry into his or her desired endorsement area or areas, and preadmission advising for students who are considering becoming candidates. The department shall work in collaboration with the programs to define any dispositions considered to be appropriate for educators. (b) Ongoing advising and screening of candidates by practicing educators or faculty members; (c) Course work and field-based training that integrates theory and practice and educates candidates in the methodologies, practices, and procedures of standards-based education, as described in part 10 of article 7 of title 22, C.R.S., and specifically in teaching to the state preschool through elementary and secondary education standards adopted pursuant to section 227-1005, C.R.S.; (c.5) Course work that teaches teacher candidates the science of reading, including the foundational reading skills of phonemic awareness, phonics, vocabulary development, reading fluency including oral skills, and reading comprehension, and the skills and strategies to apply to ensure that every student learns to read; (d) A requirement that each teacher candidate in an initial licensure program complete at least one full, continuous school year of supervised field-based experience that relates to predetermined learning standards and includes best practices; and, during the course of the preparation program, each principal and administrator candidate complete a minimum of three hundred hours, and each other advanced degree or add-on endorsement candidate complete an appropriate period, of supervised field-based experience that relates to predetermined learning standards and includes best practices and national norms related to the candidate's endorsement; Colorado Revised Statutes 2019 Page 55 of 673 Uncertified Printout (e) A requirement that each candidate, prior to graduation, must demonstrate the skills required for licensure, as specified by rule of the state board of education pursuant to section 222-109 (3), C.R.S., in the manner specified by rule of the state board; (f) Comprehensive, ongoing assessment including evaluation of each candidate's subject matter and professional knowledge and ability to demonstrate skill in applying the professional knowledge base. (3) The commission shall also adopt policies to ensure that each educator preparation program offered by an institution of higher education includes implementation of procedures to monitor and improve the effectiveness of the program, as well as the effectiveness of its graduates pursuant to section 22-9-105.5, C.R.S., including at a minimum the following: (a) Periodic review by the institution of higher education offering the educator preparation program to ensure that the program meets the requirements specified by the commission pursuant to this section; (b) Implementation of a procedure for collecting and reviewing evaluative data concerning the educator preparation program, which shall include periodic surveys of graduates and employers and educator identifier system data, pursuant to section 22-2-112 (1)(q), C.R.S., for modifying the program as necessary in response to the data collected; (c) Implementation of a procedure for reviewing the scores achieved on the professional competency assessments required pursuant to section 22-60.5-201, C.R.S., by candidates enrolled in and graduating from the program and modifying the program as necessary to improve those scores. (d) (Deleted by amendment, L. 2011, (SB 11-245), ch. 201, p. 842, § 2, effective August 10, 2011.) (4) (a) (I) The department, in conjunction with the department of education, shall review each educator preparation program offered by an institution of higher education as provided in paragraph (b) of this subsection (4) and shall establish a schedule for review of each educator preparation program that ensures each program is reviewed as provided in this section not more frequently than once every five years. (II) (Deleted by amendment, L. 2008, p. 1476, 16, effective May 28, 2008.) (III) An institution of higher education that chooses to offer a new educator preparation program or modify an existing program, either by significantly modifying the content or modifying the geographic area in which the program is offered, shall submit the new or modified program to the department for review pursuant to this section. The commission shall adopt policies and procedures for the review of new and modified programs. (b) Each program review conducted pursuant to paragraph (a) of this subsection (4) shall ensure that the program meets the minimum requirements adopted pursuant to subsections (2) and (3) of this section and the requirements of section 23-1-108 and any policies adopted pursuant thereto. In determining whether to initially approve or continue the approval of an educator preparation program, the commission shall consider any recommendations made by the state board of education pursuant to section 22-2-109 (5), C.R.S., concerning the effectiveness of the program content. If the state board of education recommends that a program not be approved, the commission shall follow the recommendation by refusing initial approval of the program or placing the program on probation. (c) The department shall work cooperatively with each institution of higher education that offers an educator preparation program to obtain any data requested by the department to Colorado Revised Statutes 2019 Page 56 of 673 Uncertified Printout determine the admission and enrollment patterns, completion rates, and effectiveness of educator preparation programs offered by the institution. In addition, each institution of higher education shall, upon request from the department, prepare and submit an annual report to assist the department in reviewing the educator preparation programs pursuant to this section. The department shall collaborate with representatives from the governing boards of each institution of higher education that offer educator preparation programs in specifying the information to be included in the annual report. (d) Following review of an educator preparation program, if the commission determines that the program does not meet the requirements specified in paragraph (b) of this subsection (4), it shall place the program on probation. The commission shall adopt policies specifying the procedures for placing a program on probation and for subsequently terminating a program, including a procedure for appeal. A program that is placed on probation shall not accept new students until the commission removes the program from probationary status. If the commission determines that termination of the approval of a program is necessary, the program shall be terminated within four years after said determination. If the commission places a program on probation based on the recommendation of the state board of education, the commission shall consult with the state board of education in determining whether the program should be reapproved or whether approval should be terminated. (e) The commission shall adopt policies and procedures, including a procedure for appeal, to discontinue any educator preparation program at an institution of higher education that has not had any candidate successfully graduate during the previous five years. (5) (Deleted by amendment, L. 2011, (SB 11-245), ch. 201, p. 842, § 2, effective August 10, 2011.) (6) The department shall annually prepare a report concerning the enrollment in, graduation rates from, and effectiveness of the review of educator preparation programs authorized by the commission. In addition the report shall include data on the outcomes of graduates of educator preparation programs pursuant to section 22-2-112 (1)(q), C.R.S. The report shall also state the percentage of educator candidates graduating from each program during the preceding twelve months that applied for and received an initial license pursuant to section 22-60.5-201, C.R.S., and the percentage of the graduates who passed the assessments administered pursuant to section 22-60.5-203, C.R.S. For purposes of completing the report required pursuant to this subsection (6), the department of higher education and the department of education shall share any relevant data that complies with state and federal regulations with the other agency. The department shall provide notice to the education committees of the senate and the house of representatives, or any successor committees, that the report is available to the members of the committees upon request. (7) The general assembly encourages the department to collaborate with national accrediting bodies of educator preparation and to offer concurrent and joint site visits to educator preparation programs at institutions of higher education to the extent feasible. (8) On or before December 30, 2013, the commission shall review the provisions of this section and any associated commission policies and make recommendations for a new system to review, evaluate, and assist educator preparation programs regarding the requirements of Senate Bill 08-212, enacted in 2008, Senate Bill 10-191, enacted in 2010, House Bill 09-1065, enacted in 2009, Senate Bill 10-036, enacted in 2010, Senate Bill 11-245, enacted in 2011, and any laws pertaining to educator preparation programs enacted in 2013. Colorado Revised Statutes 2019 Page 57 of 673 Uncertified Printout Source: L. 93: Entire section added, p. 1049, § 11, effective June 3. L. 97: Entire section amended, p. 462, § 14, effective August 6; entire section amended, p. 951, § 11, effective August 6. L. 98: Entire section amended, p. 993, § 18, effective July 1. L. 99: Entire section R&RE, p. 1183, § 1, effective June 1. L. 2000: (5) and (6) amended, p. 1115, § 4, effective May 26; (1)(a) and (4)(b) amended, p. 1546, § 7, effective August 2. L. 2005: (6) amended, p. 189, § 33, effective April 7; (6) amended, p. 861, § 3, effective June 1. L. 2007: (4)(a)(II) amended, p. 116, § 1, effective August 3. L. 2008: (2)(c) amended, p. 771, § 6, effective May 14; IP(2), IP(3), (4)(a), (4)(b), (4)(c), and (6) amended, p. 1476, § 16, effective May 28. L. 2009: (6) amended, (SB 09-160), ch. 292, p. 1457, § 12, effective May 21. L. 2011: (1)(a) and (4)(b) amended, (SB 11-052), ch. 232, p. 1000, § 8, effective May 27; entire section amended, (SB 11245), ch. 201, p. 842, § 2, effective August 10. L. 2013: (3)(b), (6), and (8) amended, (HB 131219), ch. 104, p. 365, § 19, effective August 7. L. 2015: IP(2) and (2)(c) amended, (HB 151323), ch. 204, p. 728, § 44, effective May 20. L. 2019: (2)(c.5) added and (2)(d) amended, (SB 19-190), ch. 153, p. 1820, § 4, effective May 10. Editor's note: (1) Amendments to this section by House Bill 97-1219 and House Bill 97-1253 were harmonized. (2) Amendments to subsection (6) by House Bill 05-1026 and Senate Bill 05-213 were harmonized. (3) Amendments to subsections (1)(a) and (4)(b) by Senate Bill 11-052 and Senate Bill 11-245 were harmonized. Cross references: For the legislative declaration in the 2011 act amending subsections (1)(a) and (4)(b), see section 1 of chapter 232, Session Laws of Colorado 2011. For the legislative declaration in the 2011 act amending this section, see section 1 of chapter 201, Session Laws of Colorado 2011. 23-1-121.1. Commission directive - approval of principal preparation programs repeal. (Repealed) Source: L. 2002: Entire section added, p. 1350, § 1, effective June 7. Editor's note: Subsection (6) provided for the repeal of this section, effective July 1, 2005. (See L. 2002, p. 1350.) 23-1-121.3. Commission directive - principal and administrator preparation programs. (Repealed) Source: L. 97: Entire section added, p. 43, § 2, effective March 20. L. 2011: Entire section repealed, (SB 11-245), ch. 201, p. 846, § 3, effective August 10. Cross references: For the legislative declaration in the 2011 act repealing this section, see section 1 of chapter 201, Session Laws of Colorado 2011. 23-1-121.5. Commission directive - education in special education. (Repealed) Colorado Revised Statutes 2019 Page 58 of 673 Uncertified Printout Source: L. 96: Entire section added, p. 1786, § 3, effective June 3. L. 2011: Entire section repealed, (SB 11-245), ch. 201, p. 850, § 14, effective August 10. Cross references: For the legislative declaration in the 2011 act repealing this section, see section 1 of chapter 201, Session Laws of Colorado 2011. 23-1-121.7. Commission directive - paraprofessional programs. (1) The general assembly finds that: (a) The number of paraprofessionals who assist teachers in the classroom has increased in recent years both in absolute numbers and as a proportion of all instructional staff; (b) Paraprofessionals are a valuable asset to school districts, providing many hours of additional instructional time for students, especially as public schools are called upon to provide increasing services for children with disabilities and children for whom English is a second language; (c) As parents are requesting and school districts are attempting to provide smaller class sizes, the prudent use of well-qualified paraprofessionals to maximize individualized instruction provides school districts with a means to reach every student and to assist every student in reaching his or her full potential; (d) In passing the "No Child Left Behind Act of 2001", Public Law 107-110, congress has expressed the intention that all paraprofessionals working in Title I programs be highly qualified; (e) A paraprofessional working in a Title I program may demonstrate that he or she is highly qualified in several ways, including completion of at least two years of postsecondary study, obtaining an associates or higher degree, or successfully taking an assessment selected by the state or by the employing school district that meets state and federal standards and that demonstrates knowledge of and the ability to assist in instruction of reading, writing, and mathematics; (f) Because state and federal laws identify specific criteria for paraprofessional qualification and school districts retain flexibility for using paraprofessional instructional support services, further regulation of paraprofessionals, including certification or licensing, is not required; (g) To assist school districts in identifying highly qualified paraprofessionals, community colleges and four-year institutions of higher education are strongly encouraged to provide education paraprofessional preparation programs, and it is useful to create a procedure for approval of education paraprofessional preparation programs. (2) As used in this section, unless the context otherwise requires, "paraprofessional" means a person who is trained to assist a licensed teacher or special services provider. (3) Repealed. (4) At a minimum, an approved education paraprofessional preparation program shall: (a) Be aligned with federal and state standards for paraprofessionals; (b) Consist of courses designed to convey to a student knowledge in reading, writing, mathematics, and science, and the skills necessary to assist a licensed teacher in teaching reading, writing, mathematics, and science; (c) Be aligned with statewide transfer agreements. Colorado Revised Statutes 2019 Page 59 of 673 Uncertified Printout Source: L. 2003: Entire section added, p. 1040, § 1, effective April 17. L. 2011: (3) repealed, (SB 11-245), ch. 201, p. 850, § 15, effective August 10. Cross references: (1) For the legislative declaration in the 2011 act repealing subsection (3), see section 1 of chapter 201, Session Laws of Colorado 2011. (2) For the Title I requirements for hiring teachers and paraprofessionals, see 20 U.S.C. sec. 6319. 23-1-122. Commission directive - separately funded policy areas. (Repealed) Source: L. 94: Entire section added, p. 43, § 2, effective March 11. L. 95: (1) amended and (7) to (11) added, p. 49, § 2, effective March 20. L. 97: Entire section repealed, p. 1644, § 1, effective June 5. 23-1-122.1. Commission directive - separately funded policy areas - fiscal years 1996-97 and 1997-98. (Repealed) Source: L. 96: Entire section added, p. 89, § 2, effective March 20. L. 97: Entire section repealed, p. 1644, § 1, effective June 5. 23-1-123. Commission directive - fee policies - definitions. (Repealed) Source: L. 94: Entire section added, p. 1992, § 1, effective June 2. L. 97: (1), (2)(a), (3), (5), (6)(a), and (7) amended, p. 1398, § 1, effective July 1. L. 99: (5)(a)(II), IP(5)(a)(III), (5)(b)(I), (5)(b)(II), and IP(5)(b)(III) amended, p. 902, § 1, effective August 4; (5)(c)(III) amended, p. 624, § 22, effective August 4. L. 2000: (5)(i) added, p. 310, § 1, effective April 7. L. 2009: (5)(i), IP(7)(b), and (7)(b)(I) amended, (HB 09-1313), ch. 243, p. 1097, § 1, effective May 11. L. 2011: Entire section repealed, (HB 11-1301), ch. 297, p. 1418, § 5, effective August 10. 23-1-124. Commission directive - sophomore assessments. (Repealed) Source: L. 2000: Entire section added, p. 372, § 26, effective April 10. L. 2008: Entire section repealed, p. 1483, § 30, effective May 28. 23-1-125. Commission directive - student bill of rights - degree requirements implementation of core courses - competency test - prior learning. (1) Student bill of rights. The general assembly hereby finds that students enrolled in public institutions of higher education shall have the following rights: (a) Students should be able to complete their associate of arts and associate of science degree programs in no more than sixty credit hours or their baccalaureate programs in no more than one hundred twenty credit hours unless there are additional degree requirements recognized by the commission; Colorado Revised Statutes 2019 Page 60 of 673 Uncertified Printout (b) A student can sign a two-year or four-year graduation agreement that formalizes a plan for that student to obtain a degree in two or four years, unless there are additional degree requirements recognized by the commission; (c) Students have a right to clear and concise information concerning which courses must be completed successfully to complete their degrees; (d) Students have a right to know which courses are transferable among the state public two-year and four-year institutions of higher education; (e) Students, upon completion of core general education courses, regardless of the delivery method, should have those courses satisfy the core course requirements of all Colorado public institutions of higher education; (f) Students have a right to know if courses from one or more public higher education institutions satisfy the students' degree requirements; (g) A student's credit for the completion of the core requirements and core courses shall not expire for ten years from the date of initial enrollment and shall be transferrable. (2) Degree requirements. The commission shall establish a standard of a one-hundredtwenty-hour baccalaureate degree, not including specific professional degree programs that have additional degree requirements recognized by the commission. (3) Core courses. The department, in consultation with each Colorado public institution of higher education, is directed to outline a plan to implement a core course concept that defines the general education course guidelines for all public institutions of higher education. The core of courses shall be designed to ensure that students demonstrate competency in reading, critical thinking, written communication, mathematics, and technology. The core of courses shall consist of at least thirty credit hours but shall not exceed forty credit hours. Individual institutions of higher education shall conform their own core course requirements with the guidelines developed by the department and shall identify the specific courses that meet the general education course guidelines. Any such guidelines developed by the department shall be submitted to the commission for its approval. In creating and adopting the guidelines, the department and the commission, in collaboration with the public institutions of higher education, may make allowances for baccalaureate programs that have additional degree requirements recognized by the commission. If a statewide matrix of core courses is adopted by the commission, the courses identified by the individual institutions as meeting the general education course guidelines shall be included in the matrix. The commission shall adopt such policies to ensure that institutions develop the most effective way to implement the transferability of core course credits. (4) Competency testing. On or before July 1, 2010, the commission shall, in consultation with each public institution of higher education, define a process for students to test out of core courses, including specifying use of a national test or the criteria for approving institutionally devised tests. Beginning in the 2010-11 academic year, each public institution of higher education shall grant full course credits to students for the core courses they successfully test out of, free of tuition for those courses. (4.5) Prior learning. Beginning in the 2013-14 academic year, each public institution of higher education shall adopt and make public a policy or program to determine academic credit for prior learning. (5) Nonpublic institutions of higher education. (a) (I) A nonpublic institution of higher education may choose to conform its core course requirements with, or adopt core course Colorado Revised Statutes 2019 Page 61 of 673 Uncertified Printout requirements that meet, the general education course guidelines developed by the department pursuant to subsection (3) of this section and identify the specific courses that meet the general education course guidelines. The nonpublic institution of higher education may require all of the students enrolled in the institution to take the core course requirements that are conformed or adopted as provided in this paragraph (a) or may require only those students who are concurrently enrolled, pursuant to article 35 of title 22, C.R.S., in a high school and in the nonpublic institution of higher education to take said core course requirements. (II) The core course requirements that a nonpublic institution of higher education conforms or adopts pursuant to this paragraph (a) shall comply with the number of credit hours required by the department and shall include courses in each of the subject areas identified by the department. The nonpublic institution of higher education shall submit to the department a description of its core course requirements with the initial review fee established pursuant to paragraph (c) of this subsection (5), and the department shall determine whether the nonpublic institution's core course requirements comply with the department's general education course guidelines. If the department determines that the nonpublic institution of higher education's core course requirements comply with the guidelines, then the nonpublic institution's core course credits shall be transferable to public institutions of higher education, and the nonpublic institution of higher education shall accept transfers of core course credits from the public institutions of higher education. (b) A nonpublic institution of higher education that chooses to seek transferability of its core course credits pursuant to paragraph (a) of this subsection (5) shall, prior to the beginning of each academic year in which it seeks transferability, allow the department to review its general education core course requirements and its general education courses to ensure that they continue to meet the general education core course guidelines. The department may assess a fee as provided in paragraph (c) of this subsection (5) to offset the costs of the annual review. (c) The commission, in consultation with the department, shall establish the amounts of the initial review fee and the annual review fee of a nonpublic institution of higher education's general education core course requirements and core courses, which amounts shall not exceed the direct and indirect costs incurred by the department in initially reviewing and in annually reviewing the nonpublic institution's general education core course requirements and core courses. The department is authorized to collect the fees from nonpublic institutions of higher education as provided in paragraphs (a) and (b) of this subsection (5). (d) On or before March 1, 2016, the commission shall submit to the education committees of the senate and the house of representatives, or any successor committees, a report concerning the implementation of this subsection (5). At a minimum, the report shall include: (I) The names of the nonpublic institutions of higher education that are participating in the general education core course requirements; (II) The number of students who have transferred core course credits to or from a nonpublic institution of higher education; (III) Any issues that have arisen in the course of implementing this subsection (5); and (IV) Any recommendations for changes to this subsection (5). (e) As used in this subsection (5), "nonpublic institution of higher education" means an educational institution operating in this state that: (I) Does not receive state general fund moneys in support of its operating costs; Colorado Revised Statutes 2019 Page 62 of 673 Uncertified Printout (II) Admits as regular students only persons having a high school diploma or the recognized equivalent of a high school diploma; (III) Is accredited by an accrediting agency or association approved by the United States department of education; (IV) Provides an educational program for which it awards a bachelor's degree or a graduate degree; (V) Is authorized by the department of higher education to do business in Colorado pursuant to section 23-2-103.3; (VI) Maintains a physical campus or instructional facility in Colorado; and (VII) Has been determined by the United States department of education to be eligible to administer federal financial aid programs pursuant to Title IV of the federal "Higher Education Act of 1965", as amended. Source: L. 2001: Entire section added, p. 1473, § 1, effective June 6. L. 2008: (3) amended, p. 1478, § 17, effective May 28. L. 2010: (4) amended and (5) added, (SB 10-108), ch. 301, p. 1427, § 1, effective May 27. L. 2012: (3) amended, (HB 12-1155), ch. 255, p. 1281, § 8, effective August 8; (4.5) added and (5)(e)(III) amended, (HB 12-1072), ch. 62, p. 223, § 2, effective August 8. Cross references: For the legislative declaration in the 2012 act adding subsection (4.5) and amending subsection (5)(e)(III), see section 1 of chapter 62, Session Laws of Colorado 2012. 23-1-126. Commission directive - nursing programs. (1) The general assembly finds that Colorado is facing a shortage of nurses. It is determined by the general assembly that because nurses are crucial and integral to the health and welfare of the people of Colorado, it is therefore in the public interest to enhance educational opportunities for individuals pursuing a career in nursing. (2) The commission shall evaluate and implement two-year educational programs for professional registered nursing. The commission shall adopt any necessary policies and rules for the implementation of a two-year program for professional registered nursing. Source: L. 2002: Entire section added, p. 1306, § 25, effective June 7. 23-1-127. Commission directive - regional education providers - criteria. (1) The general assembly finds, determines, and declares that: (a) The Colorado commission on higher education can better serve the citizens of this state by providing oversight and direction for the provision of regional education at Adams state university, Colorado Mesa university, and Western Colorado university; and (b) As regional education providers, Adams state university, Colorado Mesa university, and Western Colorado university shall have as their primary goal the assessment of regional educational needs and, in consultation with the Colorado commission on higher education, the allocation of resources for the purposes of meeting those needs. (2) A regional education provider's initiatives to meet its regional needs may include, but need not be limited to, the following: Colorado Revised Statutes 2019 Page 63 of 673 Uncertified Printout (a) Extension of existing programs; (b) Creation of new undergraduate programs; (c) Development of partnerships with two-year institutions; and (d) Facilitation of the delivery of graduate education through existing graduate institutions. (3) The Colorado commission on higher education shall, in consultation with Adams state university, Colorado Mesa university, and Western Colorado university, establish the criteria for designation as a regional education provider. Source: L. 2003: Entire section added, p. 788, § 7, effective July 1. L. 2011: (1)(a), (1)(b), and (3) amended, (SB 11-265), ch. 292, p. 1366, § 17, effective August 10. L. 2012: (1) and (3) amended, (HB 12-1080), ch. 189, p. 758, § 12, effective May 19; (1) and (3) amended, (HB 12-1331), ch. 254, p. 1269, § 10, effective August 1. L. 2019: (1) and (3) amended, (HB 191178), ch. 400, p. 3545, § 10, effective July 1. Editor's note: Amendments to subsections (1) and (3) by House Bill 12-1080 and House Bill 12-1331 were harmonized. Cross references: For the legislative declaration in the 2011 act amending subsections (1)(a), (1)(b), and (3), see section 1 of chapter 292, Session Laws of Colorado 2011. 23-1-128. Commission directive - American sign language in higher education institutions. (1) As used in this section, unless the context otherwise requires: (a) "American sign language" means the natural language recognized globally that is used by members of the deaf community and that is linguistically complete with unique rules for language structure and use, that include phonology, morphology, syntax, semantics, and discourse. (b) "Higher education institution" means a state-supported institution of higher education. (2) On and after August 4, 2004, a higher education institution in the state may offer one or more elective courses in American sign language. (3) (a) On or before December 1, 2004, the commission shall adopt the necessary policies and procedures to require higher education institutions in the state to treat American sign language as a foreign language for purposes of granting and receiving academic credit. (b) The commission shall specify in the policies and procedures described in paragraph (a) of this subsection (3) that: (I) A student who is enrolled in a higher education institution that offers American sign language courses may receive academic credit for the courses either by completing the courses or by demonstrating proficiency in American sign language, if the higher education institution gives credit for completing courses or demonstrating proficiency in any other foreign language; (II) Academic credit received for either completing an American sign language course or demonstrating proficiency in American sign language may be counted toward satisfaction of any foreign language requirements of the higher education institution offering the courses, except those requirements related to the content of the academic major; and Colorado Revised Statutes 2019 Page 64 of 673 Uncertified Printout (III) Academic credit received for either successful completion of American sign language courses in a secondary school or higher education institution or demonstrated proficiency in American sign language may be counted toward satisfaction of the foreign language entrance requirements of a higher education institution in the state. Source: L. 2004: Entire section added, p. 254, § 1, effective August 4. 23-1-129. Commission directive - student loans. On or before July 1, 2010, the commission shall adopt the necessary policies and procedures to require state-supported institutions of higher education to participate in student loan programs supported by the federal government. Source: L. 2010: Entire section added, (HB 10-1428), ch. 390, p. 1831, § 9, effective June 9. 23-1-130. Department duty to report on workforce needs and credential production - repeal. (Repealed) Source: L. 2012: Entire section added, (HB 12-1061), ch. 74, p. 251, § 1, effective August 8. L. 2016: (2)(a) amended, (HB 16-1082), ch. 58, p. 143, § 11, effective August 10. Editor's note: (1) Subsection (4) provided for the repeal of this section, effective July 1, 2016. (See L. 2012, p. 251.) (2) Subsection (2)(a) was amended by HB 16-1082, effective August 10, 2016; however, those amendments did not take effect because of the repeal of this section, effective July 1, 2016. 23-1-131. Commission directive - associate degree completion program - legislative declaration - definitions. (1) (a) The general assembly finds and declares that, due to the demands of a global economy, the state and the nation have an increasing need for individuals with a postsecondary credential or degree. Many students begin their postsecondary education in a two-year institution and transfer to a four-year institution prior to receiving an associate degree. Some students who subsequently accumulate the credit hours necessary for an associate degree while at the four-year institution, or who leave the four-year institution prior to completing a bachelor's degree, would benefit from the award of an associate degree. The award of an associate degree not only rewards the student's efforts in attaining postsecondary education but also recognizes the investment of financial resources in postsecondary education by both the student and the state. (b) Therefore, the general assembly declares that the state's two-year and four-year institutions should work in collaboration with the commission to develop a process that reduces a potential barrier to degree completion by providing students with information about the student's eligibility for an associate degree. (2) As used in this section, unless the context otherwise requires: (a) "Associate degree" means an associate of arts or associate of science degree. (b) "Four-year institution" means a state-supported institution of higher education that is authorized to grant baccalaureate degrees. Colorado Revised Statutes 2019 Page 65 of 673 Uncertified Printout (c) "Two-year institution" means a state-supported institution of higher education, or a local district college, that is authorized to grant associate degrees. (3) (a) The commission shall collaborate with the governing boards of the two-year and four-year institutions to develop and coordinate a process to notify students concerning eligibility for the award of an associate degree. The notification process shall apply to students at a four-year institution who have accumulated seventy credit hours at a four-year institution and who transferred to the institution after completing the residency requirements for an associate degree at a two-year institution. The notification process developed pursuant to this section shall specify the role of the student, the department, and the two-year and four-year institutions in the process, with the role of the four-year institutions limited to providing contact information for eligible students. The notification process shall be implemented no later than the beginning of the 2013-14 academic year. (b) The two-year and four-year institutions shall agree upon the contents of the notification to eligible students. At a minimum, the notification shall include the requirements for the degree audit by the two-year institution and information concerning the process for a student to be awarded an associate degree in the future if the degree requirements are not met or the student declines the associate degree at the time of the notification. (c) Nothing in this section limits the ability of the governing boards of two-year and four-year institutions to develop reverse transfer agreements that are consistent with the intent of this section. (4) Each two-year and four-year institution shall provide students with information concerning the process developed pursuant to this section. Source: L. 2012: Entire section added, (SB 12-045), ch. 124, p. 419, § 1, effective April 18. 23-1-132. Commission directive - tuition waivers for exonerated persons. (1) On or before September 1, 2013, the commission shall implement a policy whereby, except as limited in this section, each institution of higher education in the state shall waive all tuition costs, including any mandatory fees associated with attendance at the institution, for an exonerated person, as defined in section 13-65-101 (3), C.R.S., and for any child of an exonerated person or custodial child of an exonerated person, as defined in section 13-65-101 (2), C.R.S., if: (a) The exonerated person, or the child or custodial child of the exonerated person, satisfies the criteria described in subsection (2) of this section; (b) The exonerated person, or the child or custodial child of the exonerated person, satisfies the admission requirements of the institution; and (c) The exonerated person, or the child or custodial child of the exonerated person, remains in satisfactory academic standing in accordance with the academic policies of the institution. (2) To receive a tuition waiver from an institution of higher education as described in subsection (1) of this section, an exonerated person or child or custodial child of an exonerated person shall apply to the institution and request such waiver in writing not later than two years after the later of the following dates: (a) The date upon which a court issued to the state court administrator directions to compensate an exonerated person pursuant to section 13-65-103, C.R.S.; or Colorado Revised Statutes 2019 Page 66 of 673 Uncertified Printout (b) In the case of a child or custodial child of an exonerated person, the date upon which the child graduated from high school. (3) The policy described in subsection (1) of this section must be implemented by all state-supported institutions of higher education, including but not limited to all postsecondary institutions in the state supported in whole or in part by state funds, including community colleges, extension programs of the state-supported universities and colleges, local district colleges, and area technical colleges. Source: L. 2013: Entire section added, (HB 13-1230), ch. 409, p. 2425, § 4, effective June 5. L. 2016: (3) amended, (HB 16-1082), ch. 58, p. 143, § 12, effective August 10. Cross references: For the legislative declaration in the 2013 act adding this section, see section 1 of chapter 409, Session Laws of Colorado 2013. 23-1-133. Commission directive - bachelor of applied science degree programs community colleges - approval. (1) (a) The state board for community colleges and occupational education, referred to in this section as the "state board", shall submit to the commission for its approval technical, career, and workforce development bachelor of applied science degree programs to be offered at one or more community colleges within the state system. The commission shall consider the following criteria in determining whether to approve a bachelor of applied science degree program: (I) Whether the state board provides data demonstrating workforce and student demand for the degree program; (II) The regional and professional accreditation requirements for the degree program, if applicable, and whether the college can satisfy those requirements, as appropriate, at both the institutional and program levels; (III) Whether the state board can demonstrate that providing the degree program within the community college system is cost-effective for the student and the community college system; (IV) Whether the state board can demonstrate that the degree program is sufficiently distinguishable from: (A) An existing degree program at a state four-year institution of higher education that is provided to a student who resides in the community college's geographic service area, as defined by the commission pursuant to section 23-1-109 (2), without the student having to change his or her residence; or (B) A degree program that has been successfully offered previously in conjunction with a state four-year institution of higher education, which degree program will be reinstated sooner than the degree program could be offered by the community college; and (V) Whether the bachelor of applied science degree program could be provided through a statewide transfer agreement pursuant to section 23-1-108 (7) with an accredited state fouryear institution in the community college's geographic service area or with an accredited state four-year institution of higher education that has a statewide service area, as defined by the commission pursuant to section 23-1-109 (2), that will deliver an existing bachelor of applied science program in the community college's geographic service area sooner than the degree program could be offered by the community college. Colorado Revised Statutes 2019 Page 67 of 673 Uncertified Printout (b) In addition, in determining whether to approve a bachelor of applied science degree program, the commission: (I) Shall consider whether the state board has met the criteria set forth in subparagraphs (I) to (IV) of paragraph (a) of this subsection (1) and whether the proposed bachelor of applied science degree program is in the best interests of the state of Colorado; (II) Shall consult with the state board and state four-year institutions of higher education concerning whether the collaboration described in subparagraph (V) of paragraph (a) of this subsection (1) is feasible; and (III) May consult with any state four-year institution of higher education that shares the same geographic service area, as defined by the commission pursuant to section 23-1-109 (2), concerning the proposed degree program to inform the commission of any anticipated systemwide effects of the new degree program. (2) (a) In determining whether to approve a bachelor of applied science degree program for Aims community college pursuant to section 23-71-102, the commission shall consider the following criteria: (I) Whether Aims community college provides data demonstrating workforce and student demand for the degree program; (II) The regional and professional accreditation requirements for the degree program, if applicable, and whether the college can satisfy those requirements, as appropriate, at both the institutional and program levels; (III) Whether Aims community college can demonstrate that providing the degree program within its service area is cost-effective for the student and Aims community college; (IV) Whether Aims community college can demonstrate that the degree program is sufficiently distinguishable from: (A) An existing degree program at a state four-year institution of higher education that is provided to a student who resides in Aims community college's geographic service area, as defined by the commission pursuant to section 23-1-109 (2), without the student having to change his or her residence; or (B) A degree program that has been successfully offered previously in conjunction with a state four-year institution of higher education, which degree program will be reinstated sooner than the degree program could be offered by the community college; and (V) Whether the bachelor of applied science degree program could be provided through a statewide transfer agreement pursuant to section 23-1-108 (7) with an accredited state fouryear institution in Aims community college's geographic service area or with an accredited state four-year institution of higher education that has a statewide service area, as defined by the commission pursuant to section 23-1-109 (2), that will deliver an existing bachelor of applied science program in Aims community college's geographic service area sooner than the degree program could be offered by Aims community college. (b) In addition, in determining whether to approve a bachelor of applied science degree program, the commission: (I) Shall consider whether Aims community college has met the criteria set forth in subparagraphs (I) to (IV) of paragraph (a) of this subsection (2) and whether the proposed bachelor of applied science degree program is in the best interests of the state of Colorado; Colorado Revised Statutes 2019 Page 68 of 673 Uncertified Printout (II) Shall consult with Aims community college and state four-year institutions of higher education concerning whether the collaboration described in subparagraph (V) of paragraph (a) of this subsection (2) is feasible; and (III) May consult with any state four-year institution of higher education that shares the same geographic service area, as defined by the commission pursuant to section 23-1-109 (2), concerning the proposed degree program to inform the commission of any anticipated systemwide effects of the new degree program. Source: L. 2014: Entire section added, (SB 14-004), ch. 13, p. 119, § 4, effective August 6. Cross references: For the legislative declaration in SB 14-004, see section 1 of chapter 13, Session Laws of Colorado 2014. 23-1-134. Commission directive - open educational resources - course notice definition. (1) The commission shall adopt guidelines to require public institutions of higher education to ensure that, beginning in the fall of 2021, students are informed prior to course registration concerning which courses and sections use open educational resources or other lowcost materials. (2) As used in this section, "public institution of higher education" has the same meaning as provided in section 23-4.5-102. Source: L. 2017: Entire section added, (SB 17-258), ch. 191, p. 693, § 1, effective May 3. L. 2018: Entire section R&RE, (HB 18-1331), ch. 186, p. 1259, § 2, effective April 30. 23-1-135. Department directive - undergraduate degree and certificate programs annual return on investment report - definition - repeal. (1) (a) The general assembly finds and declares that: (I) Colorado's economic growth depends upon a strong workforce with the education and training necessary to succeed in twenty-first-century careers; (II) Colorado's state system of higher education is the primary source of education and training for Coloradans pursuing these careers; (III) Further, Colorado's system of higher education must meet the postsecondary education needs of all of its residents, including providing reasonable access to higher education statewide, in order for Colorado to succeed in meeting its goals for an educated workforce; (IV) With future state funding levels for higher education uncertain due to competing demands on the state's budget, the state has an obligation to taxpayers and to consumers of higher education in Colorado to make the best possible use of state resources; and (V) Ensuring that state policymakers and consumers of higher education have access to information concerning undergraduate degree and certificate programs, including student costs and average debt, as well as employment and earnings outcomes, is critical to evaluating higher education program choices as well as Colorado's economic and workforce goals. (b) Therefore, the general assembly declares that it is appropriate for the department of higher education to prepare an annual return on investment report that includes an analysis of Colorado Revised Statutes 2019 Page 69 of 673 Uncertified Printout student costs and employment outcomes of undergraduate degree or certificate programs offered at Colorado public institutions of higher education. (2) As used in this section, unless the context otherwise requires, "institution of higher education" or "institution" means the state institutions, as defined in section 23-18-102 (10)(a), the local district colleges, and the area technical colleges. (3) (a) On or before July 31, 2019, and on or before July 31 each year thereafter, the department of higher education shall prepare a return on investment report of undergraduate degree and certificate programs offered by institutions of higher education. The department, in consultation with the governing boards of the institutions, shall determine the designation of degree and certificate programs for purposes of the return on investment report. (b) The return on investment report must include information concerning the undergraduate degree and certificate programs offered at each institution including, at a minimum: (I) The number of students enrolled in the undergraduate degree or certificate program and the number of degrees and certificates awarded annually for the program; (II) The average time to completion for students completing the undergraduate degree or certificate program and the average number of credits earned by students completing the degree or certificate program; (III) The average cost for completion of the undergraduate degree or certificate program, including mandatory program and institutional fees, for a student with in-state tuition classification; (IV) The average student loan debt for students in the undergraduate degree or certificate program; (V) The employment rate of undergraduate degree or certificate program graduates. For purposes of the report, information relating to the employment rate includes the number of individual graduates, the number of individual graduates matched through available data sources, and the number of individual graduates that are not included in the employment rate, with an explanation of why the graduates are excluded from the employment rate. (VI) The average annual earnings of undergraduate degree or certificate program graduates one, five, and ten years after graduation or completion; and (VII) Any other information necessary to complete the return on investment report. (4) Notwithstanding section 24-1-136 (11)(a)(I), the department shall annually submit the return on investment report to the education committees of the house of representatives and of the senate, or any successor committees, and shall post the report on the department's website for public access. (5) This section is repealed, effective July 1, 2027. Source: L. 2018: Entire section added, (HB 18-1226), ch. 246, p. 1519, § 1, effective August 8. 23-1-136. Department directive - federal student loan repayment and forgiveness program information. In addition to any other powers and duties set forth in law, the department shall annually distribute to the governing board for each state institution of higher education informational materials received from the department of personnel pursuant to section Colorado Revised Statutes 2019 Page 70 of 673 Uncertified Printout 24-5-102 relating to federal student loan repayment programs and student loan forgiveness programs. Source: L. 2019: Entire section added, (SB 19-057), ch. 35, p. 115, § 8, effective August 2. ARTICLE 1.5 Statewide Enrollment Plan 23-1.5-101 to 23-1.5-103. (Repealed) Source: L. 2008: Entire article repealed, p. 1483, § 30, effective May 28. Editor's note: This article was added in 1994 and was not amended prior to its repeal in 2008. For the text of this article prior to 2008, consult the 2007 Colorado Revised Statutes. ARTICLE 2 Degrees - Honorary - Academic Achievement 23-2-101. Legislative declaration. The general assembly declares that this article is enacted for the general improvement of the educational programs available to the residents of the state of Colorado; to establish high standards for the education of such residents; to prevent misrepresentation, fraud, and collusion in offering such educational programs to the public; to eliminate those practices relative to such programs which are incompatible with the public interest; and to protect, preserve, foster, and encourage the educational programs offered by private educational institutions which meet generally recognized criteria of quality and effectiveness as determined through voluntary accreditation. To these ends, this article shall be liberally construed. Source: L. 65: p. 1042, § 1. C.R.S. 1963: § 124-21-1. L. 81: Entire section amended, p. 1084, § 1, effective May 27. 23-2-102. Definitions. As used in this article 2, unless the context otherwise requires: (1) "Alternate enrollment" means the opportunity for a student enrolled in a private college or university that ceases operation to meet the student's educational objectives through education provided by another authorized private college or university, a community college, an area technical college, or any other educational arrangement acceptable to the department and the commission. (2) "Authorization" means the authorization granted to a private college or university or seminary or religious training institution by the commission as provided in this article and the policies adopted pursuant to this article. Authorization is not an endorsement of the institution by either the commission or the department. Colorado Revised Statutes 2019 Page 71 of 673 Uncertified Printout (3) "Commission" means the Colorado commission on higher education created pursuant to section 23-1-102. (4) "Degree" means a statement, diploma, certificate, or other writing in any language that indicates or represents, or that is intended to indicate or represent, that the person named thereon is learned in or has satisfactorily completed a prescribed course of study in a particular field of endeavor or that the person named thereon has demonstrated proficiency in a field of endeavor as a result of formal preparation or training. (5) "Department" means the department of higher education created and existing pursuant to section 24-1-114, C.R.S. (6) "Enrollment agreement" means the contract prepared by a private college or university or seminary or religious training institution that a student signs to indicate agreement to the terms of admission, delivery of instruction, and monetary terms as outlined in the institution's student handbook or catalog. (7) "Governing board" means the elected or appointed group of persons that oversees and controls a private college or university or a seminary or religious training institution. (8) "Honorary degree" means a statement, diploma, certificate, or other writing in any language that indicates or represents, or that is intended to indicate or represent, that the person named thereon is learned in a field of public service or has performed outstanding public service or that the person named thereon has demonstrated proficiency in a field of endeavor without having completed formal courses of instruction or study or formal preparation or training. (9) "Out-of-state public institution" means an institution of higher education that is established by statute in a state other than Colorado. (10) "Owner" means: (a) An individual, if a private for-profit college or university is structured as a sole proprietorship; (b) Partners, if a private for-profit college or university is structured as a partnership; (c) Members in a limited liability company, if a private for-profit college or university is structured as a limited liability company; or (d) Shareholders in a corporation that hold a controlling interest, if a private for-profit college or university is structured as a corporation. (11) "Private college or university" means a postsecondary educational institution doing business or maintaining a place of business in the state of Colorado, which institution enrolls the majority of its students in a baccalaureate or postgraduate degree program. (12) "Private nonprofit college or university" means a private college or university that maintains tax-exempt status pursuant to 26 U.S.C. sec. 501 (c)(3). (13) "Private occupational school" means an institution authorized by the private occupational school division under the provisions of article 64 of this title 23. (14) "Seminary" or "religious training institution" means a bona fide religious postsecondary educational institution that is operating or maintaining a place of business in the state of Colorado, that is exempt from property taxation under the laws of this state, and that offers baccalaureate, master's, or doctoral degrees or diplomas. (15) "State college or university" means a postsecondary educational institution, including a community or local district college, established and existing pursuant to law as an agency of the state of Colorado and supported wholly or in part by tax revenues. Colorado Revised Statutes 2019 Page 72 of 673 Uncertified Printout Source: L. 65: p. 1042, § 2. C.R.S. 1963: § 124-21-2. L. 78: (5) amended, p. 375, § 1, effective July 1. L. 81: (3) to (5) amended and (3.5) added, p. 1084, § 2, effective May 27. L. 90: (3.5) amended, p. 1172, § 31, effective July 1. L. 2008: (1), (3), and (4) amended and (1.3) and (1.5) added, p. 1646, § 1, effective May 29. L. 2012: Entire section amended, (HB 12-1155), ch. 255, p. 1282, § 9, effective August 8. L. 2016: (1) amended, (HB 16-1082), ch. 58, p. 143, § 13, effective August 10. L. 2017: IP and (13) amended, (HB 17-1239), ch. 261, p. 1204, § 9, effective August 9. 23-2-102.5. Applicability of article. (1) (a) A private college or university that enrolls a majority of its students at the certificate or associate level is regulated by the private occupational school division and the private occupational school board pursuant to article 64 of this title 23 and is not subject to the provisions of this article 2. (b) If, as a result of changes in student enrollment, a private college or university at times meets the definition provided in section 23-2-102 (11) and should therefore be regulated by the department and the commission, and at other times meets the requirements of paragraph (a) of this subsection (1) and should therefore be regulated by the private occupational school division and the private occupational school board, the private college or university is subject to regulation by the entity that is appropriate as of July 1, 2012, if the private college or university is authorized as of said date, or as of the date the institution applies for authorization, and the institution shall be regulated by the same entity for the following three years. The department shall review the status of the private college or university every three years after July 1, 2012, or every three years after initial authorization, whichever is appropriate, to determine whether the institution should be subject to regulation by the department and the commission or by the private occupational school division and the private occupational school board. (2) An out-of-state public institution may request authorization pursuant to the provisions of this article from the department and the commission. In seeking and maintaining authorization pursuant to this article, an out-of-state public institution is subject to the same criteria and requirements that apply to a private college or university. Source: L. 2012: Entire section added, (HB 12-1155), ch. 255, p. 1283, § 10, effective August 8. L. 2017: (1)(a) amended, (HB 17-1239), ch. 261, p. 1205, § 10, effective August 9. 23-2-103. Awarding degrees. Notwithstanding the provisions of section 7-50-105 or any other law to the contrary, a person, partnership, corporation, company, society, or association doing business in the state of Colorado shall not award, bestow, confer, give, grant, convey, or sell to any other person a degree or honorary degree upon which is inscribed, in any language, the word "associate", "bachelor", "baccalaureate", "master", or "doctor", or any abbreviation thereof, or offer courses of instruction or credits purporting to lead to any such degree, unless the person, partnership, corporation, company, society, or association is a state college or university; a private college or university that is authorized pursuant to this article 2; a private occupational school; a seminary or religious training institution that is authorized pursuant to this article 2; or a school, college, or university that offers courses of instruction or study in compliance with standards prescribed by articles 100, 120, 215, 220, 240, 245, 255, 275, 280, 285, 290, and 315 of title 12. Colorado Revised Statutes 2019 Page 73 of 673 Uncertified Printout Source: L. 65: p. 1043, § 3. C.R.S. 1963: § 124-21-3. L. 76: Entire section amended, p. 414, § 10, effective July 1; entire section amended, p. 424, § 6, effective July 1. L. 78: Entire section amended, p. 314, § 2, effective July 1. L. 81: Entire section amended, p. 1085, § 3, effective May 27. L. 83: Entire section amended, p. 575, § 9, effective April 22. L. 88: Entire section amended, p. 568, § 7, effective July 1. L. 91: Entire section amended, p. 1912, § 23, effective June 1. L. 2012: Entire section amended, (HB 12-1155), ch. 255, p. 1284, § 11, effective August 8. L. 2019: Entire section amended, (HB 19-1172), ch. 136, p. 1683, § 118, effective October 1. Cross references: For authority of corporations existing for educational purposes to award degrees, see § 7-50-105. 23-2-103.1. Commission - department - duties - limitation - reciprocity. (1) The commission shall: (a) Establish procedures for authorizing, reauthorizing, and revoking the authorization of private colleges and universities and seminaries and religious training institutions in accordance with the provisions of this article, including but not limited to procedures by which an institution may apply for authorization or reauthorization and the procedures the department shall follow in reviewing applications and making recommendations to the commission; (b) Grant or deny authorizations, renew authorizations, and revoke authorizations pursuant to sections 23-2-103.3 and 23-2-103.4; (c) Establish the types and amounts of fees that a private college or university or seminary or religious training institution shall pay as required in section 23-2-104.5; and (d) Establish policies to require private colleges and universities and seminaries and religious training institutions to submit to the department, upon request, data that is directly related to student enrollment and degree completion and, if applicable, student financial aid and educator preparation programs as described in section 23-1-121. The director of the commission and an employee of the department of higher education shall not divulge or make known in any way data for individual students or personnel, except in accordance with judicial order or as otherwise provided by law. A person who violates this paragraph (d) commits a class 1 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S., and shall be removed or dismissed from public service on the grounds of malfeasance in office. (2) The department shall administer the provisions of this article in accordance with the provisions of this article and the policies, guidelines, and procedures adopted by the commission for the administration of this article. To administer this article, the department shall have, but need not be limited to, the following duties: (a) Recommending that the commission grant, deny, revoke, or renew an authorization to operate a private college or university or seminary or religious training institution; (b) Maintaining a list of the private colleges and universities and seminaries and religious training institutions that have authorizations on file with the department; and (c) Establishing and maintaining a process in accordance with section 23-2-104 for reviewing and appropriately acting on a complaint concerning a private college or university or seminary or religious training institution operating in this state, including enforcing applicable state laws if the complaint is based on a claim of deceptive trade practice. Colorado Revised Statutes 2019 Page 74 of 673 Uncertified Printout (3) The commission and the department are not authorized to regulate the operations of, including but not limited to the content of courses provided by, a private college or university or seminary or religious training institution except to the extent expressly set forth in this article. (4) The commission may negotiate and enter into interstate reciprocity agreements with other states if, in the judgment of the commission, the agreements do not obligate a private college or university or seminary or religious training institution to comply with standards or requirements that exceed the standards and requirements specified in this article and the agreements will assist in accomplishing the purposes of this article. Source: L. 2012: Entire section added, (HB 12-1155), ch. 255, p. 1284, § 12, effective August 8. 23-2-103.3. Authorization to operate in Colorado - renewal. (1) (a) To operate in Colorado, a private college or university shall apply for and receive authorization from the commission. A private college or university shall obtain a separate authorization for each campus, branch, or site that is separately accredited. A private, nonprofit college or university shall submit with its application verification of nonprofit status, including a copy of the institution's tax-exempt certificate issued by the Colorado department of revenue. (b) After receiving an application, the department shall review the application to determine whether the private college or university is institutionally accredited by a regional or national accrediting body recognized by the United States department of education. The department shall not recommend and the commission shall not approve an application from a private college or university that, in the two years preceding submission of the application, has had its accreditation suspended or withdrawn or has been prohibited from operating in another state or that has substantially the same owners, governing board, or principal officers as a private college or university that, in the two years preceding submission of the application, has had its accreditation suspended or withdrawn or has been prohibited from operating in another state. (2) To operate in Colorado, a private college or university shall be institutionally accredited on the basis of an on-site review by a regional or national accrediting body recognized by the United States department of education; except that a private college or university may operate for an initial period without accreditation if the commission determines, in accordance with standards established by the commission, that the private college or university is likely to become accredited in a reasonable period of time or is making progress toward accreditation in accordance with the accrediting body's policies. The commission may grant a provisional authorization to a private college or university to operate for an initial period without accreditation. The private college or university shall annually renew its provisional authorization and report annually to the commission concerning the institution's progress in obtaining accreditation. (3) A private college or university shall immediately notify the department of any material information related to an action by the institution's accrediting body concerning the institution's accreditation status, including but not limited to reaffirmation or loss of accreditation, approval of a request for change, a campus evaluation visit, a focused visit, or approval of additional locations. In addition, the institution shall immediately notify the department if the institution's accrediting body is no longer recognized by the United States department of education. Colorado Revised Statutes 2019 Page 75 of 673 Uncertified Printout (4) To operate in Colorado, a seminary or religious training institution shall apply for and receive authorization from the department and establish that it qualifies as a bona fide religious institution and as an institution of postsecondary education, as defined by rules promulgated by the commission. A seminary or religious training institution that meets the criteria and rules established by this subsection (4) is exempt from the provisions of subsections (1), (2), and (3) of this section. A bona fide religious institution and an institution of postsecondary education that applies for authorization pursuant to this subsection (4) shall pay the fee established according to section 23-2-104.5. (5) A private college or university that has authorization from the commission pursuant to this section and maintains its accreditation shall apply to the department for reauthorization in accordance with the schedule for reaccreditation by its accrediting body or every three years, whichever is longer. A seminary or religious training institution shall apply for reauthorization every three years. A private college or university or seminary or religious training institution that seeks reauthorization shall submit an application in accordance with the procedures and policies adopted by the commission and shall pay the reauthorization fee established by the commission pursuant to section 23-2-104.5. (6) Nothing in this section shall preclude a seminary or religious training institution from seeking accreditation. (7) (a) By January 1, 2013, the commission shall adopt procedures by which a private college or university or seminary or religious training institution may renew its authorization to operate in Colorado. To renew its authorization to operate in Colorado, a private college or university or seminary or religious training institution shall demonstrate that it continues to meet the minimum operating standards specified in this section and section 23-2-103.8, if applicable. (b) (I) A private college or university that has had its accreditation reaffirmed without sanction, is in compliance with section 23-2-103.8, and is not subject to investigation pursuant to section 23-2-103.4 is presumed qualified for renewal of authorization, and the department shall recommend renewal for a period of three years or the length of the institution's accreditation, if applicable, whichever is longer. (II) A seminary or religious training institution that continues to meet the minimum operating standards specified in this section is presumed qualified for renewal of authorization, and the department shall recommend that the commission renew the institution's authorization for three additional years. (c) If a private college or university or seminary or religious training institution cannot demonstrate that it meets the minimum operating standards specified in this section or section 23-2-103.8, if applicable, the department shall recommend that the commission deny the institution's application for renewal of the authorization. If, within six months after receiving the notice of denial of the application for renewal, the institution corrects the action or condition that resulted in denial of the application for renewal, the institution may reapply for renewal of the authorization. If the institution does not correct the action or condition within the six-month period, it may submit a new application for authorization after correcting the action or condition. (d) If a private college or university is under a sanction from its accrediting body at the time it files an application for renewal of authorization to operate in Colorado, the department may recommend that the commission renew the institution's authorization or that the commission grant a probationary renewal of the institution's authorization. If an institution receives a probationary renewal of its authorization, the institution shall reapply for renewal of Colorado Revised Statutes 2019 Page 76 of 673 Uncertified Printout its authorization annually until the accrediting body lifts the sanction, and the institution shall annually report to the commission concerning the institution's progress in removing the sanction. (e) If the department recommends that the commission grant a probationary renewal of authorization or deny an application for renewal of authorization, the commission shall notify the private college or university or seminary or religious training institution concerning the recommendation, and the department and the commission shall proceed in accordance with the provisions of the "State Administrative Procedure Act", article 4 of title 24, C.R.S. Source: L. 2008: Entire section added, p. 1647, § 2, effective May 29. L. 2009: (5)(b) amended, (SB 09-292), ch. 369, p. 1966, § 70, effective August 5. L. 2012: Entire section amended, (HB 12-1155), ch. 255, p. 1286, § 13, effective August 8. 23-2-103.4. Authorization - revocation - probationary status. (1) (a) If the commission has reason to believe that a private college or university or seminary or religious training institution meets one or more of the grounds specified in subsection (2) or (3) of this section for revocation of authorization or for placing an institution on probationary status, the commission may order the department to investigate the private college or university or seminary or religious training institution and make a recommendation concerning whether to revoke the institution's authorization or to place the institution on probationary status. (b) To assist the department in conducting an investigation pursuant to this subsection (1), the commission may subpoena any persons, books, records, or documents pertaining to the investigation, require answers in writing, under oath, to questions the commission or the department may ask, and administer an oath or affirmation to any person in connection with the investigation. In conducting the investigation, the department may physically inspect an institution's facilities and records. A subpoena issued by the commission pursuant to this paragraph (b) is enforceable by any court of record in this state. (c) Based on the findings of an investigation pursuant to this subsection (1), the department shall recommend to the commission that the commission should or should not revoke the institution's authorization or place the institution on probationary status. If the department recommends revocation or probationary status, it shall identify the applicable grounds for revocation or probationary status specified in subsection (2) or (3) of this section, and the department and the commission shall proceed in accordance with the provisions of the "State Administrative Procedure Act", article 4 of title 24, C.R.S. (2) With regard to the authorization of a private college or university, the commission may: (a) Revoke the private college's or university's authorization or place the institution on probationary status if the private college or university: (I) Fails to meet any of the minimum standards set forth in this article or in the commission's policies or rules adopted to implement this article; (II) Fails to substantially comply with the applicable laws or rules adopted or implemented by other state-level boards or agencies that have jurisdiction over the institution; or (III) Violates the federal criminal laws or the criminal laws of this state or any other state in which the institution operates; (b) Revoke the private college's or university's authorization if the institution loses its accreditation; Colorado Revised Statutes 2019 Page 77 of 673 Uncertified Printout (c) Place the private college or university on probationary status if the institution's accrediting body places the institution on probation or the equivalent; or (d) Revoke the private college's or university's authorization or place the private college or university on probationary status if the United States department of education ceases to recognize the institution's accrediting body. (3) The commission may revoke a seminary's or religious training institution's authorization or place the institution on probationary status if the seminary or religious training institution: (a) No longer meets the definition of a seminary or religious training institution specified in section 23-2-102; (b) Fails to meet any of the other minimum standards set forth in this article or in the commission's policies or rules adopted to implement this article; or (c) Violates the federal criminal laws or the criminal laws of this state or any other state in which the institution operates. Source: L. 2012: Entire section added, (HB 12-1155), ch. 255, p. 1289, § 14, effective August 8. 23-2-103.5. Deposit of records upon discontinuance. (1) (a) If a private college or university or seminary or religious training institution ceases operating within this state, the owner of the institution or his or her designee shall deposit with the department the original or legible true copies of all educational records of the institution. (b) If the commission determines that the records of a private college or university or seminary or religious training institution that ceases operating within the state are in danger of being destroyed, secreted, mislaid, or otherwise made unavailable to the department, the commission may seek a court order authorizing the department to seize and take possession of the records. (c) The department or the attorney general may enforce the provisions of this subsection (1) by filing a request for an injunction with a court of competent jurisdiction. (d) The commission shall adopt policies for the implementation of this subsection (1). (2) A person may request, in accordance with the provisions of the "Colorado Open Records Act", part 2 of article 72 of title 24, C.R.S., a copy of a record held by the department pursuant to this section. (3) The department shall permanently retain any student transcripts received pursuant to this section. The department shall retain any other records received pursuant to this section for ten years following the date on which it receives or obtains the records. After the required retention period, the department shall dispose of the records in a manner that will adequately protect the privacy of personal information included in the records. Source: L. 85: Entire section added, p. 772, § 1, effective June 6. L. 2008: Entire section amended, p. 1478, § 18, effective May 28; entire section amended, p. 1649, § 3, effective May 29. L. 2012: Entire section R&RE, (HB 12-1155), ch. 255, p. 1290, § 15, effective August 8. Editor's note: Amendments to this section by Senate Bill 08-018 and Senate Bill 08-167 were harmonized. Colorado Revised Statutes 2019 Page 78 of 673 Uncertified Printout 23-2-103.7. Authorized institutions - responsibilities. (1) A private college or university or seminary or religious training institution that is authorized pursuant to this article: (a) Shall not make or cause to be made any oral, written, or visual statement or representation that violates section 23-2-104 (4); (b) Shall annually provide to the department a copy of the institution's enrollment agreement if the institution uses an enrollment agreement; (c) Shall provide bona fide instruction, in accordance with the standards and criteria set by the institution's accrediting body; and (d) If the ownership of the institution changes, shall provide to the department, within thirty days after the change, any material information concerning the transaction that is requested by the department. (2) If a private college or university or seminary or religious training institution violates any of the requirements specified in subsection (1) of this section, the department may recommend to the commission that the institution's authorization be revoked or placed on probationary status. Source: L. 2012: Entire section added, (HB 12-1155), ch. 255, p. 1291, § 16, effective August 8. 23-2-103.8. Financial integrity - surety. (1) A private college or university is exempt from the provisions of this section if: (a) The private college or university is a party to a performance contract with the commission pursuant to section 23-18-201 (2); or (b) The private college or university: (I) Has been accredited for at least twenty years by an accrediting agency that is recognized by the United States department of education; (II) Has operated continuously in this state for at least twenty years; and (III) Has not at any time filed for bankruptcy protection pursuant to title 11 of the United States code. (2) (a) If a private college or university is not exempt from the requirements of this section pursuant to subsection (1) of this section, the commission shall determine the financial integrity of the private college or university by confirming that the institution meets or does not meet the criteria specified in paragraph (b) or (c) of this subsection (2). The private college or university shall present as part of the application for authorization verifiable evidence that the institution meets the criteria specified in paragraph (b) or (c) of this subsection (2). (b) (I) A private college or university may demonstrate financial integrity by meeting the following criteria: (A) The institution has been accredited for at least ten years by an accrediting agency that is recognized by the United States department of education; (B) The institution has operated continuously in this state for at least ten years; (C) During its existence, the institution has not filed for bankruptcy protection pursuant to title 11 of the United States code; (D) The institution maintains a composite score of at least 1.5 on its equity, primary reserve, and net income ratios, as required in 34 CFR 668.172; and Colorado Revised Statutes 2019 Page 79 of 673 Uncertified Printout (E) The institution meets or exceeds the pro rata refund policies required by the federal department of education in 34 CFR 668 or, if the institution does not participate in federal financial aid programs, the institution's refund and termination procedures comply with the requirements of the institution's accrediting body. (II) Notwithstanding any provision of subparagraph (I) of this paragraph (b) to the contrary, a private college or university is not required to meet the criteria specified in subsubparagraphs (A) and (B) of subparagraph (I) of this paragraph (b) if the institution is part of a group of private colleges and universities that are owned and operated by a common owner, so long as all of the other institutions in the group meet the criteria specified in sub-subparagraphs (A) and (B) of subparagraph (I) of this paragraph (b). (c) A private college or university may demonstrate financial integrity by meeting the following criteria: (I) The institution has received and maintains full accreditation without sanction from an accrediting agency that is recognized by the United States department of education, which accrediting agency requires the institution to maintain surety or an escrow account or has affirmatively waived or otherwise removed the requirement for the institution; (II) The institution has been continuously authorized by the commission for at least five years; (III) The institution owns and operates a permanent instructional facility in the state; (IV) The institution annually provides to the commission audited financial statements for the most recent fiscal year that demonstrate that the institution maintains positive equity and profitability; (V) The institution maintains a composite score of at least 1.5 on its equity, primary reserve, and net income ratios, as required in 34 CFR 668.172; and (VI) The institution meets or exceeds the pro rata refund policies required by the federal department of education in 34 CFR 668 or, if the institution does not participate in federal financial aid programs, the institution's refund and termination procedures comply with the requirements of the institution's accrediting body. (3) (a) Each private college or university that is not exempt from the requirements of this section pursuant to subsection (1) of this section and cannot demonstrate financial integrity as provided in subsection (2) of this section, as determined by the commission, shall file evidence of surety in the amount calculated pursuant to subsection (5) of this section prior to receiving authorization to operate in Colorado. The surety may be in the form of a savings account, deposit, or certificate of deposit that meets the requirements of section 11-35-101, C.R.S., or an alternative method approved by the commission, or one bond as set forth in this section covering the applying institution. The commission may disapprove an institution's surety if the commission finds the surety is not sufficient to provide students with the indemnification and alternative enrollment required by this section. (b) If a private college or university files a bond, the bond shall be executed by the institution as principal and by a surety company authorized to do business in this state. The bond shall be continuous unless the surety is released as set forth in this section. (4) The surety shall be conditioned to provide indemnification to any student or enrollee, or to any parent or legal guardian of a student or enrollee, that the commission finds to have suffered loss of tuition or any fees as a result of any act or practice that is a violation of this article 2; to provide alternate enrollment as provided in subsection (7) of this section for students Colorado Revised Statutes 2019 Page 80 of 673 Uncertified Printout enrolled in an institution that ceases operation; and to reimburse the department for any actual administrative costs associated with an institution ceasing operation. (5) The amount of the surety that a private college or university submits pursuant to subsection (3) of this section is the greater of five thousand dollars or an amount equal to a reasonable estimate of the maximum prepaid, unearned tuition and fees of the institution for the period or term during the applicable academic year for which programs of instruction are offered including, but not limited to, programs offered on a semester, quarter, monthly, or class basis; except that the institution shall use the period or term of greatest duration and expense in determining this amount if the institution's academic year consists of one or more periods or terms. Following the initial filing of the surety with the department, the private college or university shall recalculate the amount of the surety annually based on a reasonable estimate of the maximum prepaid, unearned tuition and fees received by the institution for the applicable period or term. (6) (a) A student or enrollee, or a parent or guardian of the student or enrollee, who claims loss of tuition or fees may file a claim with the commission if the claim results from an act or practice that violates a provision of this article. The claims that are filed with the commission are public records and are subject to the provisions of article 72 of title 24, C.R.S.; except that the department shall not make the claims records public if the release would violate a federal privacy law. (b) Notwithstanding the provisions of paragraph (a) of this subsection (6), the commission shall not consider a claim that is filed more than two years after the date the student discontinues his or her enrollment with the institution. (7) (a) If a private college or university ceases operation, the commission may make demand on the surety of the institution upon the demand for a refund by a student or for the implementation of alternate enrollment for the students enrolled in the institution and may make demand on the surety to reimburse the department for actual administrative costs associated with the institution ceasing operation. In such case, the holder of the surety or, if the surety is a bond, the principal on the bond shall pay the claim due in a timely manner. To the extent practicable, the commission shall use the amount of the surety to provide alternate enrollment for students of the institution that ceases operation through a contract with another authorized private college or university, a community college, an area technical college, or any other arrangement that is acceptable to the department. The alternate enrollment provided to a student replaces the original enrollment agreement, if any, between the student and the private college or university; except that the student shall make the tuition and fee payments as required by the original enrollment agreement, if any. (b) A student who is enrolled in a private college or university that ceases operation and who declines the alternate enrollment required to be offered pursuant to paragraph (a) of this subsection (7) may file a claim with the commission for the student's prorated share of the prepaid, unearned tuition and fees that the student paid, subject to the limitations of paragraph (c) of this subsection (7). The commission shall not make a subsequent payment to a student unless the student submits proof of satisfaction of any prior debt to a financial institution in accordance with the commission's rules concerning the administration of this section. (c) If the amount of the surety is less than the total prepaid, unearned tuition and fees that have been paid by students at the time the private college or university ceases operation, the department shall prorate the amount of the surety among the students. Colorado Revised Statutes 2019 Page 81 of 673 Uncertified Printout (c.5) Any amount of the surety that is greater than the amount necessary to satisfy costs to provide alternate enrollment for the student pursuant to subsection (7)(a) of this section, and any demand for a refund by a student pursuant to subsection (7)(b) of this section, may be retained by the department as reimbursement up to the amount of any actual administrative costs incurred by the department that are associated with the school closure. (d) The provisions of this subsection (7) are applicable only to those students enrolled in the private college or university at the time it ceases operation, and, once an institution ceases operation, no new students shall be enrolled therein. (e) The commission is the trustee for all prepaid, unearned tuition and fees, student loans, Pell grants, and other student financial aid assistance if an authorized private college or university ceases operation. (f) The commission shall determine whether offering alternate enrollment for students enrolled in an authorized private college or university that ceases operation is practicable without federal government designation of the commission as trustee for student loans, Pell grants, and other student financial aid assistance pursuant to paragraph (e) of this subsection (7). (8) For claims made pursuant to this section that do not involve a private college or university that ceases operation, the commission shall conduct a hearing to determine whether there is loss of tuition or fees, and, if the commission finds that a claim is valid and due the claimant, the commission shall make demand upon the surety. If the holder of the surety or, if the surety is a bond, the principal on the bond fails or refuses to pay the claim due, the commission shall commence an action on the surety in a court of competent jurisdiction; except that the commission shall not file an action more than six years after the date of the violation that gives rise to the right to file a claim pursuant to this section. (9) The authorization for a private college or university is suspended by operation of law when the institution is no longer covered by surety as required by this section. The department shall give written notice to the institution at the last-known address, at least forty-five days before the release of the surety, to the effect that the institution's authorization is suspended by operation of law until the institution files evidence of surety in like amount as the surety being released. (10) The principal on a bond filed under the provisions of this section is released from the bond after the principal serves written notice thereof to the commission at least sixty days before the release. The release does not discharge or otherwise affect a claim filed by a student or enrollee or his or her parent or legal guardian for loss of tuition or fees that occurred while the bond was in effect or that occurred under any note or contract executed during any period of time when the bond was in effect, except when another bond is filed in a like amount and provides indemnification for any such loss. (11) Each private college or university that files a surety pursuant to subsection (3) of this section shall provide annual verification of continued coverage by surety as required by this section in a report to the commission due by January 1 of each year. The commission may disapprove a surety if it finds that the surety is not adequate to provide students with the indemnification and alternate enrollment required by this section. (12) If a private college or university that is exempt from the provisions of this section or that demonstrates financial integrity pursuant to subsection (2) of this section ceases to operate in this state, the state attorney general may file a claim against the institution on behalf of Colorado Revised Statutes 2019 Page 82 of 673 Uncertified Printout students enrolled in the institution at the time it ceases operation to recover any amount of unearned, prepaid tuition that may be owed to the students. (13) A seminary or religious training institution is not subject to the requirements of this section. Source: L. 2012: Entire section added, (HB 12-1155), ch. 255, p. 1291, § 16, effective August 8. L. 2016: (7)(a) amended, (HB 16-1082), ch. 58, p. 144, § 14, effective August 10. L. 2017: (1)(a) amended, (SB 17-297), ch. 210, p. 819, § 10, effective May 18. L. 2018: (4) and (7)(a) amended and (7)(c.5) added, (SB 18-177), ch. 196, p. 1288, § 1, effective August 8. 23-2-104. Administration of article - complaints - injunctive proceedings. (1) The department shall administer this article pursuant to statute and appropriate policies adopted by the commission. (2) (a) The commission shall specify procedures by which a student or former student of a private college or university or seminary or religious training institution may file a complaint with the department concerning the institution in which the student is or was enrolled. If a former student files a complaint, he or she must do so within two years after discontinuing enrollment at the institution. The department may investigate complaints based on a claim of a deceptive trade practice as described in subsection (4) of this section. The department does not have jurisdiction to consider complaints that infringe on the academic freedom or religious freedom of, or question the curriculum content of, a private college or university or seminary or religious training institution; except that the department has jurisdiction to consider a complaint that pertains to the general education core course requirements of a private college or university or seminary or religious training institution, or to any of the specific core courses included in said requirements, if the private college or university or seminary or religious training institution chooses to seek transferability of its general education core courses pursuant to section 23-1-125 (5). (b) Upon receipt of a complaint, the department shall verify that the complaint warrants investigation under the guidelines established by the commission and as a deceptive trade practice. A complaint will warrant investigation only when the student has exhausted all complaint and appeals processes available at the institution. The department shall dismiss a complaint if it does not warrant investigation under the commission's guidelines and is not a deceptive trade practice. If the complaint warrants investigation, the department shall first forward the complaint to the institution for a written response. The institution shall have thirty days to respond in writing to the department and to forward a copy of the response to the student. During the thirty-day period, the institution may attempt to resolve the complaint with the student, and the department shall assist in the efforts to resolve the complaint. If the department determines at any time that a complaint no longer warrants investigation, the department shall dismiss the complaint. (c) If a complaint is not resolved during the thirty-day period, the department may dismiss the complaint based on the institution's response, investigate the complaint further, or recommend that the commission evaluate the merits of the complaint. If the commission finds the complaint is meritorious, it may recommend that the private college or university or seminary or religious training institution take appropriate action to remedy the complaint. Colorado Revised Statutes 2019 Page 83 of 673 Uncertified Printout (d) If the private college or university or seminary or religious training institution does not take the action recommended by the commission, the commission may forward the complaint and findings to the attorney general. (3) The commission, acting through the attorney general, may proceed by injunction against any violation of this article, but an injunction proceeding or an order issued therein or as a result thereof shall not bar the imposition of any other penalty for violation of this article. (4) It is a deceptive trade practice for: (a) An institution or agent to make or cause to be made any statement or representation, oral, written, or visual, in connection with the offering of educational services if the institution or agent knows or reasonably should have known the statement or representation to be materially false, substantially inaccurate, or materially misleading; (b) An institution or agent to represent falsely or to deceptively conceal, directly or by implication, through the use of a trade or business name, the fact that an institution is a school; (c) An institution or agent to adopt a name, trade name, or trademark that represents falsely, directly or by implication, the quality, scope, nature, size, or integrity of the institution or its educational services; (d) An institution or agent to intentionally and materially represent falsely, directly or by implication, that students who successfully complete a course or program of instruction may transfer the credits earned to any institution of higher education; (e) An institution or agent to intentionally and materially represent falsely, directly or by implication, in its advertising or promotional materials or in any other manner, the size, location, facilities, or equipment of the institution; the number or educational experience qualifications of its faculty; the extent or nature of any approval received from any state agency; or the extent or nature of any accreditation received from any accrediting agency or association; (f) An institution or agent to provide prospective students with testimonials, endorsements, or other information that has the tendency to materially mislead or deceive prospective students or the public regarding current practices of the institution; (g) An agent representing an out-of-state school to represent, directly or by implication, that the school is authorized by the state of Colorado or approved or accredited by an accrediting agency or body when the institution has not been authorized, approved, or accredited; (h) An institution to designate or refer to its sales representatives by titles that imply the sales representatives have training in academic counseling or advising if they do not. Source: L. 65: p. 1044, § 4. C.R.S. 1963: § 124-21-4. L. 78: Entire section amended, p. 375, § 2, effective July 1. L. 2008: Entire section amended, p. 1649, § 4, effective May 29. L. 2010: (2)(a) amended, (SB 10-108), ch. 301, p. 1429, § 2, effective May 27. L. 2012: Entire section amended, (HB 12-1155), ch. 255, p. 1296, § 17, effective August 8. 23-2-104.5. Fees - public hearing. (1) The commission shall establish fees to be paid by a private college or university or seminary or religious training institution for the administration of this article. The amount of the fees shall reflect the direct and indirect costs of administering this article. The commission shall propose, as part of the department's annual budget request, an adjustment in the amount of the fees that it is authorized to collect pursuant to this section. The budget request and the adjusted fees shall reflect the direct and indirect costs of administering this article. Colorado Revised Statutes 2019 Page 84 of 673 Uncertified Printout (2) The commission may establish a fee to be paid to the department by a private college or university that is authorized pursuant to this article and that applies for approval of an educator preparation program pursuant to section 23-1-121. The amount of the fee shall reflect the direct and indirect costs of the department in administering the provisions of section 23-1121. (3) Prior to establishing a new fee or increasing the amount of an existing fee, the commission shall hold a public hearing to discuss and take testimony concerning the new fee or increase in fees. The commission shall provide notice of the public hearing and the proposed new fee or fee increase to each private college or university and seminary and religious training institution at least thirty days prior to the date of the public hearing. Source: L. 2008: Entire section added, p. 1648, § 2, effective May 29. L. 2012: Entire section amended, (HB 12-1155), ch. 255, p. 1298, § 18, effective August 8. 23-2-105. Violation. Any person, partnership, corporation, company, society, association, or agent thereof doing business or maintaining a place of business in the state of Colorado who violates the provisions of section 23-2-103 commits a class 3 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S. Source: L. 65: p. 1044, § 5. C.R.S. 1963: § 124-21-5. L. 81: Entire section amended, p. 1085, § 4, effective May 27. L. 2002: Entire section amended, p. 1529, § 238, effective October 1. Cross references: For the legislative declaration contained in the 2002 act amending this section, see section 1 of chapter 318, Session Laws of Colorado 2002. ARTICLE 3 Higher and Career and Technical Education Loan Guarantee Act 23-3-101. Short title. The short title of this article 3 is the "Higher and Career and Technical Education Loan Guarantee Act of 1968". Source: L. 68: p. 172, § 1. C.R.S. 1963: § 124-22-13. L. 2017: Entire section amended, (SB 17-294), ch. 264, p. 1398, § 56, effective May 25. 23-3-102. Legislative declaration. The general assembly finds and declares that the provision of a higher or career and technical education for all residents of this state who desire such an education and are properly qualified therefor is important to the welfare and security of this state and nation and, consequently, serves an important public purpose and that many qualified students are deterred by financial considerations from completing their education, with a consequent irreparable loss to the state and nation of talents vital to welfare and security. The number of qualified persons who desire higher or career and technical education is increasing rapidly, and the physical facilities, faculties, and staffs of the institutions of higher education Colorado Revised Statutes 2019 Page 85 of 673 Uncertified Printout operated by the state will have to be expanded greatly to accommodate such persons, with an attendant sharp increase in the cost of educating such persons. A system of financial assistance through guaranteed loans for qualified residents of college age will enable them to attend qualified institutions of their choice. Source: L. 68: p. 172, § 1. C.R.S. 1963: § 124-22-12. L. 2017: Entire section amended, (SB 17-294), ch. 264, p. 1398, § 57, effective May 25. 23-3-103. Definitions. As used in this article, unless the context otherwise requires: (1) "College" means any public or nonprofit institution of higher education which is recognized and approved by the regional accrediting agency for the state where such educational institution is situated or which is approved by the United States commissioner of education and which provides a course of study leading to the granting of a postsecondary degree or diploma. (2) "Vocational school" means any eligible business or trade school, technical institution, or other vocational institution as determined by the state board for community colleges and occupational education or as approved by the United States commissioner of education. Source: L. 68: p. 172, § 1. C.R.S. 1963: § 124-22-14. 23-3-104. Designation of commission. The Colorado commission on higher education, referred to in this article as the "commission", shall be the state agency to administer and supervise the administration of funds under Title IV of Public Law 89-329, known as the "Higher Education Act of 1965", and amendments thereto, and Public Law 89-287, known as the "National Vocational Student Loan Insurance Act of 1965", and amendments thereto. Source: L. 68: p. 173, § 1. C.R.S. 1963: § 124-22-15. Cross references: For the provisions of Public Law 89-329 and Public Law 89-287, see chapters 27 and 28 of title 20, U.S.C. 23-3-105. Duties, powers, and limitations of commission with respect to the guarantee loan program. (1) The commission has the following powers in furtherance of the guarantee loan program: (a) To arrange for the guarantee by nongovernmental organizations of loans of money by private lenders to persons who are residents of this state and who have been accepted for enrollment or who are in good standing at colleges or vocational schools in this state or elsewhere in order to assist them in meeting the expenses of their education. Any agreement entered into by the commission to effect such arrangement shall require that any such nongovernmental organization hold the funds received from the commission in a reserve fund to be expended only upon the certification to it by such a private lender that any such loan is in default and only upon the assignment to such organization of the promissory note in default. Such funds then may be applied to reimburse said lender the principal amount of the loan and accrued interest thereon remaining unpaid. Such agreement shall contain provisions for termination upon thirty days' written notice of either contracting party. Upon the effective date Colorado Revised Statutes 2019 Page 86 of 673 Uncertified Printout of such termination, such organization shall refund to the state such portion of the reserve fund as may exceed the total amount of loans guaranteed by the organization pursuant to such agreement and remaining unpaid. As additional repayments of loans are reported to it by a private lender, the organization shall refund such portion of the reserve fund then remaining as from time to time exceeds the total loans remaining unpaid. (b) To enter into contracts with the United States government, or any department, agency, or office thereof, or any nongovernmental organization for the purpose of receiving funds or services therefrom or providing for the administration of the program thereby or in connection with any acts necessary or incidental to the performance of its powers or duties under this article; (c) To adopt rules and regulations governing the guarantee loan program; (d) To secure commitments from private lenders to make loans to students under the program; (e) To participate in any federal government program for guaranteed loans or subsidies to students and to receive, hold, and disburse funds made available by any agency of the United States for the purpose for which they are made available; (f) To perform such other acts as may be necessary or appropriate in connection with the guarantee loan program; (g) To provide that there shall be no fee or other charge made to the applicant for loans for processing and periodic review of the qualifications for such loans. (2) The commission shall be under the following limitations: (a) It shall not itself lend any moneys under the program. (b) It shall not become responsible for or guarantee any debt, contract, or liability of any other person, company, or corporation under the program. (c) It shall not expend funds under the program greater than the amounts appropriated to it by the general assembly and available to it as a result of contributions. Source: L. 68: p. 173, § 1. C.R.S. 1963: § 124-22-16. 23-3-106. Contributions to commission. (1) The commission is empowered to accept and receive from any individual, association, or corporation or any governmental unit gifts, grants, donations, or contributions of money or property. (2) Such contributions or the proceeds thereof shall be used by the commission in furtherance of postsecondary education. Source: L. 68: p. 174, § 1. C.R.S. 1963: § 124-22-17. L. 77: (2) amended, p. 1096, § 2, effective February 24. 23-3-107. Age qualification for loan guarantee. Any person otherwise qualifying for a loan shall not be disqualified to receive a loan under the guarantee loan program by reason of his being under the age of twenty-one years. For the purpose of applying for, receiving, and repaying a loan, any person shall be deemed to have full legal capacity to act and shall have all the rights, powers, privileges, and obligations of a person of legal age with respect thereto. Source: L. 68: p. 174, § 1. C.R.S. 1963: § 124-22-18. Colorado Revised Statutes 2019 Page 87 of 673 Uncertified Printout Cross references: For age of competence generally, see § 13-22-101. ARTICLE 3.1 Student Loan Program Cross references: For exclusion from the "Uniform Consumer Credit Code" of loans made or guaranteed by an agency, instrumentality, or political subdivision of the state pursuant to this article, see § 5-1-202 (1)(f); for the "Higher Education Act of 1965", see 20 U.S.C. 1001 et seq. PART 1 ADMINISTRATION OF PROGRAM 23-3.1-101. Legislative declaration. The general assembly hereby declares that the availability of improved access to and choice of higher education opportunities in this state will benefit the residents of this state and that the establishment of a student loan program will assist such residents in meeting the expenses incurred in availing themselves of such opportunities. Source: L. 79: Entire article added, p. 807, § 1, effective July 1. L. 84: Entire section amended, p. 617, § 1, effective April 10. 23-3.1-102. Definitions. As used in this article 3.1 or in the specified portion of this article 3.1, unless the context otherwise requires: (1) "Borrower" means any person who receives a loan made, originated, disbursed, serviced, or guaranteed by the division, or made, purchased, originated, disbursed, or serviced by collegeinvest, created by part 2 of this article, or made from or in anticipation of an institutional loan as defined in section 23-3.1-202 by one or more institutions of higher education or a nonprofit corporation acting on behalf of one or more institutions of higher education. (1.3) "Clock hour" means a period of time that is the equivalent of: (a) A fifty-to-sixty-minute class, lecture, or recitation; or (b) A fifty-to-sixty-minute faculty-supervised laboratory, shop training, or internship. (1.5) "Commission" means the Colorado commission on higher education. (2) "Department" means the department of higher education. (3) "Director", as used in this part 1, means the director of the division. (4) "Division" means the student loan division in the department which shall constitute the successor division for all obligations incurred by the loan guarantee division formerly established by this part 1. (4.2) "Educational loan" means a student loan which is: (a) Secured in such manner as the division or the authority created by part 2 of this article deems appropriate or prudent; and (b) Not authorized by Title IV, Part B of the federal "Higher Education Act of 1965", as amended. Colorado Revised Statutes 2019 Page 88 of 673 Uncertified Printout (4.5) "Guaranteed student loan" means a student loan authorized by Title IV, Part B of the federal "Higher Education Act of 1965", as amended. (5) "Institution of higher education" means an educational institution which meets all of the following criteria: (a) It admits as regular students persons having a certificate of graduation from a school providing secondary education or comparable qualifications and persons for enrollment in courses which they reasonably may be expected to complete successfully or persons who have the ability to benefit from the training offered; (b) (I) It is a college, university, or community or local district college inside the United States which is either accredited by a nationally recognized accrediting agency or association or, if not so accredited, meets the alternative criteria set forth in the federal "Higher Education Act of 1965", as amended, 20 U.S.C. sec. 1085 (b); or (II) It is a vocational or occupational school inside the United States which is either accredited by a nationally recognized accrediting agency or association or meets the criteria set forth in the federal "Higher Education Act of 1965", as amended, 20 U.S.C. sec. 1085 (c)(4), and, in the case of private occupational schools located in Colorado, holds a certificate of approval as required by article 64 of this title 23; (c) (I) It provides an educational program for which it awards a bachelor's degree; or (II) It provides not less than a two-year program which is acceptable for full credit towards such a degree; or (III) It provides not less than a one-year program of training to prepare students for gainful employment in a recognized occupation; or (IV) It is a private occupational school providing a program of not less than three hundred clock hours of classroom instruction or its equivalent to prepare students for gainful employment in a recognized occupation. (6) "Lender" means any bank operating under a national or state charter, any domestic savings and loan association operating under a national or state charter, any domestic branch or agency of a foreign bank duly licensed by a state or the United States, any credit union established pursuant to federal law or the law of the state in which its principal place of operation is established, any insurance company authorized to do business within this state, any institution of higher education that applies for and receives formal approval of the division as an eligible lender pursuant to the rules of the division, any pension fund eligible under the federal "Higher Education Act of 1965", 20 U.S.C. 1071 et seq., as amended, any secondary market operation established pursuant to the federal "Education Amendments of 1972", as amended, or the authority created by part 2 of this article. (7) (a) "Resident" means any person attending an institution of higher education in Colorado, any person attending an institution of higher education outside Colorado who would qualify for Colorado in-state tuition status under article 7 of this title, or any person attending an institution of higher education outside Colorado who has applied for a loan from a lender approved by the division. (b) "Resident" includes a parent of any person specified in paragraph (a) of this subsection (7) if such person is a dependent of such parent. (8) "Student loan" means a loan made to finance higher education opportunities or to consolidate or refinance loans made to finance higher education opportunities, which loan is made, originated, disbursed, or serviced by the division or by collegeinvest, created pursuant to Colorado Revised Statutes 2019 Page 89 of 673 Uncertified Printout part 2 of this article, or which one or more institutions of higher education or a nonprofit corporation acting on behalf of one or more institutions of higher education may make from or in anticipation of an institutional loan as defined in section 23-3.1-202 or which is guaranteed by the division and may include guaranteed student loans and educational loans. Source:. L. 79: Entire article added, p. 807, § 1, effective July 1. L. 81: (1) R&RE, (1.5) added, and (7) amended, p. 1087, §§ 1, 2, effective May 29; (5)(b) and (5)(c)(IV) amended, p. 852, § 26, effective July 1. L. 82: (1.3) added and (5)(c)(IV) amended, p. 342, § 1, effective March 22. L. 83: (5)(a) and (5)(b) amended, p. 782, § 1, effective April 5; (6) amended, p. 784, § 1, effective April 5. L. 84: (1) and (4) R&RE, (4.2), (4.5), and (8) added, and (6) amended, p. 617, 618, §§ 2, 3, effective April 10; (6) amended, p. 376, § 12, effective July 1. L. 85: (7)(a) amended, p. 773, § 2, effective April 5. L. 2000: IP and (3) amended, p. 1296, § 17, effective May 26. L. 2004: (1), (6), and (8) amended, p. 558, § 1, effective July 1. L. 2017: IP and (5)(b)(II) amended, (HB 17-1239), ch. 261, p. 1205, § 11, effective August 9. 23-3.1-103. Division created - director - staff. (1) There is hereby created the student loan division in the department of higher education and the office of director of the division. The division and the director shall exercise their powers and perform their functions under this article as if the same were transferred to the department by a type 2 transfer. The director of collegeinvest shall be the director of the division. The director, with the approval of the executive director of the commission, shall employ such professional and clerical personnel as deemed necessary to carry out the duties and functions of the division. The director and professional personnel are declared to hold educational offices and to be exempt from the state personnel system. (2) Personnel hired by the director, with the approval of the executive director of the commission, on and after July 1, 2002, to carry out the duties and functions of the division shall receive compensation for their services as determined by the director. Such personnel are declared to hold educational offices and to be exempt from the state personnel system but shall, by acceptance of employment, be subject to the provisions of article 51 of title 24, C.R.S. (3) Any personnel hired within the state personnel system pursuant to subsection (1) of this section prior to July 1, 2002, shall retain all rights related to state personnel system and retirement benefits under the laws of this state until termination of employment with the division; except that, if such personnel accept a promotion, a voluntary demotion, or a transfer for purposes of a change of duties performed for the benefit of the division, such personnel shall become exempt from the state personnel system. Nothing in this subsection (3) shall prohibit personnel hired prior to July 1, 2002, from continuing membership in the public employees' retirement association pursuant to the provisions of article 51 of title 24, C.R.S., with all attendant rights and duties. Source: L. 79: Entire article added, p. 808, § 1, effective July 1. L. 84: Entire section amended, p. 618, § 4, effective April 10. L. 2002: Entire section amended, p. 961, § 1, effective June 1. L. 2006: (1) amended, p. 511, § 1, effective July 1. 23-3.1-103.5. Enterprise status of division. (1) (a) The division shall constitute an enterprise for the purposes of section 20 of article X of the state constitution so long as the Colorado Revised Statutes 2019 Page 90 of 673 Uncertified Printout division retains the authority to issue revenue bonds and the division receives less than ten percent of its total annual revenues in grants from all Colorado state and local governments combined. (b) and (c) (Deleted by amendment, L. 2006, p. 511, § 2, effective July 1, 2006.) (d) Repealed. (2) (a) As used in this section, "grant" means any direct cash subsidy or other direct contribution of money from the state or any local government in Colorado which is not required to be repaid. (b) "Grant" does not include: (I) Any indirect benefit conferred upon the division from the state or any local government in Colorado; (II) Any revenues resulting from rates, fees, assessments, or other charges imposed by the division for the provision of goods or services by the division; (III) Any federal funds, regardless of whether such federal funds pass through the state or any local government in Colorado prior to receipt by the division. (3) Repealed. Source: L. 93: Entire section added, p. 1827, § 11, effective June 6. L. 94: (1) amended, p. 100, § 3, effective March 18. L. 95: (3) added, p. 717, § 1, effective May 23. L. 2000: (3) repealed, p. 29, § 1, effective March 10. L. 2006: (1)(a), (1)(b), and (1)(c) amended, p. 511, § 2, effective July 1. Editor's note: Subsection (1)(d)(II) provided for the repeal of subsection (1)(d), effective July l, 1994. (See L. 94, p. 100.) 23-3.1-104. Duties and powers of division. (1) The division shall: (a) Promulgate rules and regulations for administration of the Colorado student loan program established by this article, including but not limited to the following: (I) Criteria for eligibility of borrowers, lenders, and institutions of higher education to participate in the network; (II) Procedures to be followed by participating borrowers, lenders, and institutions of higher education; (III) With the advice of the authority created by part 2 of this article, procedures and criteria by which the powers of the division pursuant to section 23-3.1-104.5 may be exercised; (b) Approve or arrange for approval of loan applications for guarantee; (c) Establish the level of the insurance premium charged to borrowers of guaranteed student loans, not to exceed the amount permitted by federal law; (d) Assist lenders in seeking payment from delinquent borrowers; (e) Purchase defaulted guaranteed student loans promptly; (f) Collect or provide for the collection of defaulted guaranteed student loans purchased from lenders; (g) Repealed. (h) Train lenders in the requirements of the network; (i) Evaluate lender performance in the network; (j) Train personnel of institutions of higher education in the requirements of the network; Colorado Revised Statutes 2019 Page 91 of 673 Uncertified Printout (k) Evaluate the performance of institutions of higher education in the network; (l) Educate borrowers in the requirements of the network; (m) Communicate on a periodic basis with borrowers to inform them of the status of their loans; (n) Bill the federal government for administrative allowances and reinsurance payments; (o) Repealed. (p) (I) At times prescribed by the department of revenue, but not less frequently than annually, certify to the department of revenue information regarding persons who owe a loan repayment to the division, the amount of which has been determined to be owing as a result of a final agency determination or judicial decision pursuant to section 39-21-108 (3), C.R.S., or which has been reduced to judgment. (II) Such information shall include the name and social security number of the person owing the debt, the amount of the debt, and any other identifying information required by the department of revenue. (III) Upon notification by the department of revenue of amounts deposited with the state treasurer pursuant to section 39-21-108 (3), C.R.S., the state treasurer shall disburse such amounts to the division. (q) (I) At least quarterly, certify to the controller information regarding persons who owe a loan repayment to the division. (II) Such information shall include the name and social security number of the person owing the debt, the amount of the debt, and any other identifying information required by the controller. (III) Upon notification by the controller to the state agency of amounts deposited with the state treasurer pursuant to section 24-30-202.4 (3.5)(a)(V), C.R.S., the state treasurer shall disburse such amounts to the division. (2) The division may: (a) Permit lenders to require cosigners; (b) Provide incentives to lenders, which may include but are not limited to: (I) Billing the federal government for interest payments owed to lenders; (II) Preparing federal reports required of lenders; (III) Guaranteeing, originating, servicing, making, and purchasing consolidation loans and refinancing loans pursuant to the provisions of section 23-3.1-112; (IV) Verifying in-school status of students; (c) Employ legal counsel; (d) Garnish wages of defaulted borrowers; (e) Enter into contracts and guarantee agreements with approved lenders, approved institutions of higher education, state and federal governmental agencies, and corporations, including agreements for federal insurance of losses resulting from death, default, bankruptcy, or total and permanent disability of borrowers. Contracts with corporations to provide services shall clearly specify the role and duties of such corporations and may be entered into without regard to the provisions of the "Procurement Code", articles 101 to 112 of title 24, C.R.S., without regard to the provisions of section 17-24-111, C.R.S., and without regard to the provisions of part 11 of article 30 of title 24, C.R.S. (f) Make, originate, disburse, service, or guarantee student loans; Colorado Revised Statutes 2019 Page 92 of 673 Uncertified Printout (g) Establish the level of insurance premium or interest rate charged to the borrowers of student loans; (h) Purchase defaulted student loans; (i) Collect or provide for the collection of defaulted student loans purchased from lenders; (j) and (k) Repealed. (l) Advise the commission and the department on matters pertaining to student loans; (m) Make and enter into contracts and all other instruments necessary or convenient for the exercise of its powers and functions pursuant to this part 1 without regard to the provisions of the "Procurement Code", articles 101 to 112 of title 24, C.R.S., without regard to the provisions of section 17-24-111, C.R.S., and without regard to the provisions of part 11 of article 30 of title 24, C.R.S.; (n) Do all things necessary or convenient to carry out the purposes of this part 1; (o) Repealed. (p) Require a lender or institution of higher education to take reasonable corrective action to remedy a violation of applicable laws, regulations, special arrangements, agreements, or limitations, including but not limited to requiring such lender or institution to make payments to the secretary of the United States department of education, the division, or their designated recipients of any funds that the lender or institution improperly received, withheld, or disbursed or caused to be disbursed; (q) Establish an investigations unit, which shall have the following powers and duties: (I) To conduct investigations, as it deems necessary, to determine whether applications and other data submitted to the division contain any misrepresentations or false statements made for the purpose of cheating or defrauding and to locate defaulted borrowers; (II) To investigate, as it deems necessary, alleged violations of any state or federal criminal statute related to fraud committed by any person who has obtained or attempted to obtain or who aids, assists, or abets in obtaining or attempting to obtain student loans or loan guarantees or other money from the division; (III) To work in conjunction with the appropriate law enforcement and prosecuting authorities in the investigation and prosecution of cases where evidence of criminal activity exists; (IV) To request and obtain information, assistance, and data from any department, division, board, bureau, commission, or other agency of the local, state, or federal government, including, but not limited to, arrest and conviction records available from any law enforcement agency or crime information center pursuant to the provisions of part 3 of article 72 of title 24, C.R.S. (3) On or after July 1, 1979, all rules and regulations promulgated by the division pursuant to the provisions of paragraph (a) of subsection (1) of this section shall be subject to sections 24-4-103 (8) and 24-4-108, C.R.S. Any guarantee made pursuant to any rule or regulation shall continue to be governed by the rule or regulation in effect at the time when the guarantee was made, whether or not such rule or regulation has been continued. Source: L. 79: Entire article added, p. 808, § 1, effective July 1. L. 80: (3) amended, p. 787, § 20, effective June 5. L. 81: (1)(a)(I), (1)(a)(II), (1)(c), (1)(l), (1)(m), (1)(o), and (2)(e) amended, p. 1087, § 3, effective May 29. L. 84: (1)(p) added and (2)(d) amended, p. 1008, §§ 1, Colorado Revised Statutes 2019 Page 93 of 673 Uncertified Printout 2, effective March 29; (2)(f) to (2)(o) added, p. 619, 1008, §§ 5, 2, 6, effective April 10. L. 85: (2)(p) added, p. 773, § 4, effective April 5; (2)(q) added, p. 776, § 1, effective April 30. L. 87: (2)(b)(III) amended, p. 845, § 1, effective February 26. L. 97: (1)(q) added, p. 941, § 4, effective July 1. L. 2002: (2)(e) and (2)(m) amended, p. 962, § 2, effective June 1; (1)(p)(I) amended, p. 100, § 2, effective August 7. L. 2004: IP(1)(a), (1)(a)(I), (1)(g), (1)(h), (1)(i), (1)(j), (1)(k), (1)(l), (2)(j), and (2)(o) amended, pp. 578, 559, §§ 38, 2, effective July 1. L. 2006: IP(1)(a) amended, p. 512, § 5, effective July 1. L. 2010: (1)(g), (1)(o), (2)(j), (2)(k), and (2)(o) repealed, (HB 101428), ch. 390, p. 1829, § 4, effective June 9. 23-3.1-104.5. Additional powers of division. (1) The division is hereby authorized to make, originate, disburse, or service student loans directly to residents. "Resident" for the purpose of this section means any person attending an institution of higher education in Colorado, or any person attending an institution of higher education outside Colorado who would qualify for Colorado in-state tuition status under article 7 of this title. In order to obtain funds to make, originate, disburse, or service such student loans, the division is authorized to borrow or enter into other types of agreements with any person, corporation, financial institution, state or federal authority, political subdivision, or state or federal government agency for the advancement of funds for such purposes, so long as such student loans are insured against default. (1.5) Repealed. (2) Any agreement made by the division to repay funds borrowed from any person, corporation, financial institution, state or federal authority, political subdivision, or state or federal government agency shall not constitute or become an indebtedness, a debt, or a liability of the state or constitute the giving, pledging, or loaning of the full faith and credit of the state. Repayment of such borrowed funds shall be made solely from funds received from proceeds or earnings derived from the funds borrowed, from borrowers and insurers, or from federal payments, and the state shall have no liability with respect to such an agreement. (3) The division is hereby authorized to issue revenue bonds after approval by both houses of the general assembly either by bill or by joint resolution and after approval by the governor in accordance with section 39 of article V of the state constitution. Source: L. 81: Entire section added, p. 1088, § 4, effective May 29. L. 84: Entire section amended p. 619, § 7, effective April 10. L. 85: (1) R&RE, (1.5) repealed, and (2) amended, pp. 774, 775, §§ 5, 10, 6, effective April 5. L. 93: (3) added, p. 1827, § 12, effective June 6. L. 2006: (3) amended, p. 513, § 6, effective July 1. 23-3.1-104.7. Restructuring plan - legislative declaration. (1) The general assembly hereby finds and declares that: (a) Due to changes in federal law, the department shall no longer be involved in student loans that are guaranteed by the federal government; (b) There are a number of employees of the division that are involved in originating, disbursing, servicing, and administering student loans that are guaranteed by the federal government; and (c) It is in the best interest of the state for the department to prepare and submit to the general assembly a restructuring plan to deal with the changes in administering student loans. Colorado Revised Statutes 2019 Page 94 of 673 Uncertified Printout (2) On or before January 1, 2011, the department shall prepare and submit to the education committees of the senate and the house of representatives, or any successor committees, a restructuring plan to deal with changes in administering student loans. The plan shall address, but need not be limited to, the following issues: (a) Any ongoing or future role for the Colorado student obligation bond authority; (b) Whether the division should continue to originate, disburse, service, guarantee, and administer student loans; (c) If the division does not continue administering student loans, the entity that should be responsible for such administration and the authority that entity may need; (d) The number of employees necessary to administer student loans; and (e) The employment of persons who formerly were responsible for administering student loans guaranteed by the federal government. Source: L. 2010: Entire section added, (HB 10-1428), ch. 390, p. 1827, § 1, effective June 9. 23-3.1-105. (Repealed) Advisory committee established - duties - membership - repeal. Source: L. 79: Entire article added, p. 810, § 1, effective July 1. L. 84: IP(1) amended, p. 620, § 8, effective April 10. L. 86: (3) added, p. 413, § 21, effective March 21. L. 91: (2) and (3) amended, p. 695, § 8, effective April 20. L. 2004: Entire section R&RE, p. 372, § 1, effective April 8. L. 2006: Entire section repealed, p. 512, § 3, effective July 1. 23-3.1-106. Student loan program established. (1) (a) There is hereby established a student loan program, to be administered by the division, which shall guarantee, in accordance with applicable provisions of federal law, a percentage of the unpaid principal and interest on all guaranteed student loans approved by the division. No guaranteed student loan shall be guaranteed to a percentage or an amount in excess of the limits authorized by federal law, nor shall interest charged on any guaranteed student loan exceed the interest rate permitted by federal law, but each guaranteed student loan may carry a special loan insurance premium which shall not exceed that permitted by federal law. No guaranteed student loan shall be guaranteed or made to any borrower which would not be eligible for federal reinsurance as authorized by Title IV, Part B of the federal "Higher Education Act of 1965", as amended. A loan guarantee made by the division in good faith for a student loan which has been disbursed and which does not meet the requirements of this article, except for cases of misfeasance by the holder, shall not be invalidated. (b) On and after July 1, 2006, the student loan program established pursuant to paragraph (a) of this subsection (1) shall be formally and legally known as and designated the Colorado student loan program. On and after July 1, 2006, whenever the student loan program or the guaranteed student loan program is referred to or designated by a contract or other document, such reference or designation shall be deemed to apply to the Colorado student loan program. All contracts entered into by or on behalf of the student loan program or the guaranteed student loan program prior to July 1, 2006, are hereby validated as obligations of the Colorado student loan program. Colorado Revised Statutes 2019 Page 95 of 673 Uncertified Printout (2) It is the intent of the general assembly that the Colorado student loan program established by subsection (1) of this section shall operate in such a manner that its costs can be fully met by user fees and federal payments. (3) (a) Loan guarantees made by the division shall not constitute or become an indebtedness, a debt, or a liability of the state, nor shall such loan guarantees constitute the giving, pledging, or loaning of the full faith and credit of the state. The state shall have no liability with respect to loan guarantees which shall be payable solely from the user fees and federal payments provided for in section 23-3.1-107. (b) The loan guarantees shall not obligate the state, directly, indirectly, or contingently, nor empower the state or the general assembly to levy or collect any form of taxes or assessments, to create any indebtedness payable out of taxes or assessments, or to make any appropriation for their payment, and any such appropriation, levy, or collection is prohibited. Nothing in this part 1 shall be construed to authorize the division to create a debt of the state within the meaning of the constitution or statutes of Colorado or to authorize the division to levy or collect any form of taxes or assessments. (c) The state shall not be liable in any event for the purchase of defaulted loans made, originated, disbursed, serviced, or guaranteed by the division or for the performance of any pledge, obligation, or agreement of any kind in connection with such loans which may be undertaken by the division except from the user fees and federal payments provided for in section 23-3.1-107. No breach of any such pledge, obligation, or agreement shall impose any pecuniary liability upon the state or a charge upon the general credit or taxing power of the state. (4) On and after July 1, 2015, the Colorado student loan program may enter into an agreement with the department or another state entity to administer all or part of the college opportunity fund program created in parts 1 and 2 of article 18 of this title 23. Source: L. 79: Entire article added, p. 811, § 1, effective July 1. L. 81: (3)(c) amended, p. 1088, § 5, effective May 29. L. 84: (1), (2), and (3)(c) amended, p. 620, § 9, effective April 10. L. 85: (1) amended, p. 774, § 7, effective April 5. L. 94: (1) amended, p. 453, § 1, effective March 29. L. 2004: (1) and (2) amended, p. 559, § 3, effective July 1. L. 2006: (1)(b) and (2) amended, p. 513, § 7, effective July 1. L. 2017: (4) added, (HB 17-1131), ch. 29, p. 84, § 2, effective March 8. 23-3.1-106.5. Special funds. (1) The division may create a special fund into which any funds borrowed from any person, corporation, financial institution, state or federal authority, political subdivision, or state or federal agency pursuant to the provisions of section 23-3.1104.5 (1) may be deposited. (1.5) Repealed. (2) All moneys deposited or paid into any special fund established by this section shall be continuously available and are hereby appropriated to the division to be expended in accordance with the provisions of this article. Any income from the investment of this special fund shall be deposited in such fund. Source: L. 81: Entire section amended, p. 1089, § 6, effective May 29. L. 84: Entire section amended, p. 621, § 10, effective April 10. L. 85: (1) amended and (1.5) repealed, p. 775, §§ 8, 10, effective April 5. Colorado Revised Statutes 2019 Page 96 of 673 Uncertified Printout 23-3.1-107. Student loan guarantee fund - created. (1) (a) There is hereby created in the state treasury a fund to be known as the student loan guarantee fund that shall contain: (I) A reserve account for guaranteed student loans that is established to fulfill the functions of the federal student loan reserve fund established by section 422A of the federal "Higher Education Act of 1965", as amended; (II) An operating account that is established to fulfill the functions of the agency operating fund established by section 422B of the federal "Higher Education Act of 1965", as amended; (III) A loan servicing account; and (IV) Such other accounts as the division may require. (b) The reserve account shall be used only for those purposes permitted by section 422A of the federal "Higher Education Act of 1965", as amended. All moneys required to be deposited by the division in the federal student loan reserve fund created by said act shall be deposited in the reserve account. The division shall maintain at all times a minimum reserve requirement that is equal to, and calculated in the same manner as, that which is required for the federal student loan reserve fund established by said act. Such minimum reserve requirement may be maintained in cash in such account or in federal reinsurance receivables held by the division. (c) The operating account shall be used only for those purposes permitted by section 422B of the federal "Higher Education Act of 1965", as amended. All moneys required to be deposited by the division in the agency operating fund created by said act shall be deposited in the operating account. (d) The loan servicing account shall be used for the deposit of revenues generated by the division's loan servicing activities and for the payment of expenses related to those activities. Until such time as the division has reached agreement with the federal department of education as to the monetary amount of any federal interest in the loan servicing account, and has made arrangements to satisfy that interest, moneys in the loan servicing account shall be considered the property of the United States. After any federal interest in the loan servicing account has been satisfied pursuant to the agreement, all revenues remaining in the loan servicing account, after payment of expenses attributable to the account, may be transferred to either the operating account or the reserve account for such uses as are permitted for those accounts. (e) Other income earned or received by the division that is not required to be deposited in the reserve account or the loan servicing account may be deposited in the operating account, which shall be used to pay staff compensation and other expenses of the division. (f) Repealed. (2) All moneys deposited or paid into the student loan guarantee fund, including any interest earned from the investment of this fund and income earned or received by the division, shall be continuously available and are hereby appropriated to the division to be expended in accordance with the provisions of this article. Any income or interest earned from the investment of this fund shall be credited to the student loan guarantee fund. Such investment income or interest, together with any other income earned or received by the division, shall be apportioned to each account as required by applicable law and may be used only for the purposes permitted thereby. Source: L. 79: Entire article added, p. 811, § 1, effective July 1. L. 84: Entire section R&RE, p. 621, § 11, effective April 10. L. 85: (1)(b) amended, p. 775, § 9, effective April 5. L. Colorado Revised Statutes 2019 Page 97 of 673 Uncertified Printout 91: (1)(b) amended, p. 590, § 1, effective March 28. L. 2001: (1) R&RE and (2) amended, pp. 165, 166, §§ 1, 2, effective March 28. L. 2004: (1)(f) repealed, p. 202, § 18, effective August 4. 23-3.1-108. Age qualification. Any person otherwise qualifying for a student loan shall not be disqualified to receive a student loan under the Colorado student loan program by reason of being under the age of eighteen years. For the purpose of applying for, receiving, and repaying a student loan, any person shall be deemed to have full legal capacity to act and shall have all the rights, powers, privileges, and obligations of a person of legal age with respect thereto. Source: L. 79: Entire article added, p. 812, § 1, effective July 1. L. 84: Entire section amended, p. 622, § 12, effective April 10. L. 2004: Entire section amended, p. 578, § 39, effective July 1. L. 2006: Entire section amended, p. 513, § 8, effective July 1. 23-3.1-109. Subject to audit. The Colorado student loan program shall be audited annually by the state auditor. Source: L. 79: Entire article added, p. 812, § 1, effective July 1. L. 81: Entire section amended, p. 341, § 4, effective March 27. L. 84: Entire section amended, p. 622, § 13, effective April 10. L. 96: Entire section amended, p. 1238, § 83, effective August 7. L. 99: Entire section amended, p. 849, § 3, effective May 24. L. 2004: Entire section amended, p. 578, § 40, effective July 1. L. 2006: Entire section amended, p. 513, § 9, effective July 1. Cross references: For the legislative declaration contained in the 1996 act amending this section, see section 1 of chapter 237, Session Laws of Colorado 1996. 23-3.1-110. Designation as sole state agency. The division is the agency authorized to enter into contracts concerning the programs established by Title IV, Part B of the federal "Higher Education Act of 1965", 20 U.S.C. 1071, as amended. To the extent any fiscal policies required by the federal "Higher Education Act of 1965", 20 U.S.C. 1071, as amended, are in conflict with state fiscal policies, the division shall comply with the required federal policies. Source: L. 79: Entire article added, p. 812, § 1, effective July 1. L. 2004: Entire section amended, p. 578, § 37, effective July 1. 23-3.1-111. Authority of division to enter into agreements to provide administrative and guarantee services. (1) The division is hereby authorized to enter into contracts or other agreements or both contracts and other agreements with private or public entities to make, originate, disburse, or service guaranteed student loans, educational loans, and student loans. Such authorization includes but shall not be limited to the power to enter into agreements with collegeinvest, established by part 2 of this article, to make, originate, disburse, or service "institutional loans" and "student obligations" as those terms are defined in section 23-3.1-202, whether or not such "institutional loans" and "student obligations" are eligible for federal reinsurance as authorized by Title IV, Part B of the federal "Higher Education Act of 1965", as amended. Colorado Revised Statutes 2019 Page 98 of 673 Uncertified Printout (2) The division may enter into contracts or other agreements or both contracts and other agreements with private or public entities to guarantee or reinsure student loans or educational loans which may include but not be limited to guaranteeing or reinsuring the "institutional loans" or "student obligations" as those terms are defined in section 23-3.1-202. (3) No guarantee or reinsurance agreement made by the division pursuant to subsection (2) of this section shall constitute or become an indebtedness, a debt, or a liability of the state, nor shall such loan guarantee constitute the giving, pledging, or loaning of the full faith and credit of the state. (4) All income and interest thereon earned pursuant to the exercise of the power established in subsections (1) and (2) of this section are continuously available and are hereby appropriated to the division and may be used to pay the operating expenses thereof, or a portion of such income or interest may be deposited into any applicable reserve or guarantee account. Source: L. 84: Entire section added, p. 622, § 14, effective April 10. L. 2004: (1) and (2) amended, p. 560, § 4, effective July 1. 23-3.1-112. Authority and power of the division to guarantee, originate, service, make, and purchase consolidation loans and refinancing loans. (1) Notwithstanding any provisions or definitions contained in this article to the contrary, the division is hereby authorized to guarantee, originate, service, make, and purchase consolidation loans and refinancing loans for all persons eligible for the consolidation and refinancing of student loans under Part B of Title IV of the federal "Higher Education Act of 1965", as amended. For the purposes of this section, "student loans" means, notwithstanding any provisions of this article to the contrary, those loans eligible for consolidation and refinancing under the federal provisions of Part B of Title IV of the "Higher Education Act of 1965", as amended. (2) The powers and duties of the division specified in section 23-3.1-104 shall also pertain to the authority of the division with respect to consolidation loans and refinancing loans under this section. Source: L. 87: Entire section added, p. 845, § 2, effective February 26. PART 2 STUDENT OBLIGATIONS AND INSTITUTIONAL LOANS 23-3.1-201. Legislative declaration. The general assembly hereby declares that the availability of improved access to and choice of higher education opportunities in this state will benefit the residents of the state and that the establishment of a prepaid postsecondary education expense program will assist residents in meeting the expenses incurred in availing themselves of higher education opportunities. It is the intent of the general assembly in enacting this part 2 to create collegeinvest, which shall be a division within the department of higher education and which authority shall make or purchase student obligations and shall develop and administer a prepaid postsecondary education expense program. This part 2 shall be liberally construed to accomplish the intentions expressed in this section. Colorado Revised Statutes 2019 Page 99 of 673 Uncertified Printout Source: L. 79: Entire article added, p. 812, § 1, effective July 1. L. 84: Entire section amended, p. 623, § 15, effective April 10. L. 96: Entire section amended, p. 421, § 1, effective April 22. L. 2000: Entire section amended, p. 1268, § 1, effective May 26. L. 2004: Entire section amended, p. 560, § 5, effective July 1. L. 2010: Entire section amended, (HB 10-1428), ch. 390, p. 1830, § 5, effective June 9. 23-3.1-202. Definitions. As used in this part 2, unless the context otherwise requires: (1) "Advance payment contract" means a contract entered into by the authority, as defined in subsection (2) of this section, and a purchaser in connection with the prepaid postsecondary education expense program as authorized in section 23-3.1-206.7. (2) "Authority" means collegeinvest, transferred to the department and existing as a division of the department pursuant to section 23-3.1-203. (3) "Board" means the board of directors of the authority. (4) "Bond" means any bond, note, debenture, interim certificate, or other evidence of indebtedness authorized to be issued by the authority pursuant to this part 2, including refunding bonds. (5) "Bond resolution" means the resolution authorizing the issuance of or providing the terms and conditions related to bonds issued pursuant to this part 2 and includes any trust agreement or trust indenture providing terms and conditions for such bonds. (6) "Collegeinvest" means: (a) The Colorado student obligation bond authority, as it existed prior to May 26, 2000, as an independent public body politic in accordance with section 23-3.1-203, as it existed prior to said date; (b) On and after May 26, 2000, but prior to July 1, 2004, the Colorado student obligation bond authority transferred to the department and existing as a division of the department pursuant to section 23-3.1-203, as it existed prior to said date; (c) On and after July 1, 2004, the successor to the Colorado student obligation bond authority existing as a division of the department pursuant to section 23-3.1-203, but designated and formally and legally known, as of July 1, 2004, as collegeinvest. (7) "Contract price" means the aggregate of all payment amounts to be remitted during the contract term by purchasers under the outstanding advance payment contracts as provided on the respective dates of execution thereof. (8) "Director" means the executive officer of collegeinvest, appointed in accordance with section 23-3.1-203. (9) "Excess amount" means the assets in the Colorado prepaid postsecondary education expense trust fund that the actuarial calculation under section 23-3.1-206.7 (5) demonstrates are in excess of the assets required to pay the obligations of the prepaid expense trust fund with a likelihood of such sufficiency of at least ninety-five percent. (10) "Executive director" means the executive director of the department of higher education. (11) "Executive officer" means the director of collegeinvest, transferred to the department and existing as a division of the department pursuant to section 23-3.1-203. (12) "Expected tuition units" means the total tuition units paid for and not distributed or refunded together with the portion of tuition units available for purchase under outstanding Colorado Revised Statutes 2019 Page 100 of 673 Uncertified Printout advance payment contracts that, based on an actuarial projection, are expected to be paid for and become obligations of the Colorado prepaid postsecondary education expense trust fund. (13) "Institutional loan" means a loan made by collegeinvest from bond proceeds, or other available moneys, to one or more institutions of higher education, to a nonprofit corporation acting on behalf of one or more institutions of higher education, to the division, or to purchasers, and made for the purpose of funding student obligations or payments to be made under advance payment contracts. (14) "Investable assets" means cash and cash equivalents on deposit in the prepaid expense trust fund and investments of amounts deposited to the prepaid expense trust fund. (15) "Prepaid expense program" means the Colorado prepaid postsecondary education expense program authorized in section 23-3.1-206.7. (16) "Prepaid expense trust fund" means the Colorado prepaid postsecondary education expense trust fund established by the authority in accordance with section 23-3.1-206.7 (5) and transferred on May 26, 2000, pursuant to section 23-3.1-206.7 (5). (17) "Purchaser" means a person who makes or is obligated to make a payment or payments in accordance with an advance payment contract on behalf of a qualified beneficiary. (18) "Qualified beneficiary" means a person identified in an advance payment contract as the recipient of moneys or benefits to be disbursed in accordance with an advance payment contract. (19) "State institution" shall have the same meaning as provided in section 23-3.3-101 (4). (20) "Student" means a student who, under rules promulgated by the division, is enrolled or accepted for enrollment at an institution of higher education and who is making suitable progress in his or her education toward obtaining a degree or other appropriate certification in accordance with standards promulgated by the division. (21) "Student obligations" means student obligation notes and other debt obligations evidencing loans made for higher education purposes, or to any person for the purposes of consolidating or refinancing loans for higher education purposes, which are either guaranteed student loans, educational loans, or loans eligible for consolidation or refinancing under Part B of Title IV of the federal "Higher Education Act of 1965", as amended, which the authority may make, acquire, buy, sell, or endorse pursuant to this part 2, or which one or more institutions of higher education, or a nonprofit corporation acting on behalf of one or more institutions of higher education, or the division may make from or in anticipation of an institutional loan and which include a direct or indirect interest, in whole or part, of the notes or obligations. (22) "Tuition" means the quarter, semester, or term charges imposed by an institution of higher education and such fees or charges as may be included in the advance payment contract at the option of the authority. Source: L. 79: Entire article added, p. 812, § 1, effective July 1. L. 81: (7) amended, p. 1090, § 1, effective May 29. L. 84: (1.5) and (4.5) added and (7) amended, p. 623, § 16, effective April 10. L. 87: (7) amended, p. 846, § 3, effective February 26. L. 96: (1) and (1.5) amended and (1.2), (4.2), (4.4), (5.1), (5.2), (5.3), (5.5), (5.6), (5.7), (5.8), (5.9), and (8) added, p. 421, § 2, effective April 22. L. 2000: Entire section amended, p. 1268, § 2, effective May 26. L. 2004: Entire section R&RE, p. 560, § 6, effective July 1. Colorado Revised Statutes 2019 Page 101 of 673 Uncertified Printout 23-3.1-203. Authority - creation - membership - transfer of personnel. (1) Effective May 26, 2000, the authority shall be transferred to the department of higher education, and shall become a division thereof. Except as otherwise provided in this article, on and after May 26, 2000, the authority shall exercise its powers, duties, and functions under the department of higher education as if it were transferred by a type 2 transfer under the provisions of the "Administrative Organization Act of 1968", article 1 of title 24, C.R.S. The director shall be appointed by the executive director, shall function as the executive officer of the authority, and shall also be director of the student loan division. The director, with the approval of the executive director, shall employ such professional and clerical personnel as may be deemed necessary to carry out the duties and functions of the authority. Such personnel shall receive compensation for their services as determined by the director. The director and all personnel of the authority are declared to hold educational offices and to be exempt from the state personnel system. (2) (a) Effective May 26, 2000, the board of directors of the authority, as it existed prior to May 26, 2000, shall be transferred with the authority to the department of higher education. The board shall continue to consist of nine members who shall continue to be appointed by the governor, with the consent of the senate. Such members shall be residents of the state. The term of office of each member shall be four years; except that, of the appointments made on or after May 26, 2000, and prior to July 1, 2000, three members shall serve for terms of two, three, and four years, respectively. Each member shall serve until his or her successor has been appointed by the governor and qualified. Any member shall be eligible for reappointment. The governor shall fill any vacancy by appointment for the remainder of an unexpired term. Any member appointed by the governor when the general assembly is not in regular session, whether appointed for an unexpired term or for a full term, shall be deemed to be duly appointed and qualified until the appointment of such member is approved or rejected by the senate. Such appointment shall be submitted to the senate for its approval or rejection during the next regular session of the general assembly following the appointment. (b) Any member of the board appointed by the governor may be removed by the governor. (3) (a) On and after July 1, 2004, the division of the department of higher education known prior to said date as the Colorado student obligation bond authority shall be formally and legally known as and designated collegeinvest. (b) On and after July 1, 2004, whenever the Colorado student obligation bond authority or the board of directors of the Colorado student obligation bond authority is referred to or designated by a contract or other document, such reference or designation shall be deemed to apply to collegeinvest as a division of the department of higher education pursuant to this section. All contracts entered into by or on behalf of the Colorado student obligation bond authority or its board prior to July 1, 2004, are hereby validated as obligations of collegeinvest. Source: L. 79: Entire article added, p. 813, § 1, effective July 1. L. 84: (2) R&RE, p. 624, § 17, effective April 10. L. 87: (2)(a) amended, p. 906, § 13, effective June 15. L. 2000: Entire section amended, p. 1271, § 3, effective May 26. L. 2004: (1) amended and (3) added, p. 563, § 7, effective July 1. L. 2006: (1) amended, p. 513, § 10, effective July 1. Colorado Revised Statutes 2019 Page 102 of 673 Uncertified Printout Cross references: For limitation on issuance of private activity bonds, see part 17 of article 32 of title 24; for the provisions that designate the Colorado student obligation bond authority as a "special purpose authority" for the purposes of section 20 of article X of the Colorado constitution, see § 24-77-102 (15). 23-3.1-204. Organizational meeting - chairperson - conflict of interest. (1) On or before July 15, 2000, a member of the board, designated by the governor, shall call and convene the initial organizational meeting of the board after transfer of the authority to the department and shall serve as its chairperson pro tempore. At such meeting, appropriate bylaws shall be presented for adoption. The bylaws may provide for the delegation of certain powers and duties and such other matters as the authority deems proper. At such meeting, and annually thereafter, the board shall elect one of its members as chairperson and one as vice-chairperson. (2) The director or any other person designated by the board shall keep a record of the proceedings of the board and shall be custodian of all books, documents, and papers filed with the board and the minute books or journal of the board. Said director or other person may cause copies to be made of all minutes and other records and documents of the board and may give certificates to the effect that such copies are true copies and all persons dealing with the authority may rely on such certificates. (3) The board may delegate to one or more of its members or to its director such powers and duties as it may deem proper and to its director or any other person designated by the board, the power to fix the interest rates of any particular issue, subject to such limitations as shall be prescribed by the board. (4) (Deleted by amendment, L. 2004, p. 563, § 8, effective July 1, 2004.) (5) Any member of the board shall disqualify himself or herself from voting on any issue in which he or she has a conflict of interest unless such member has disclosed such conflict of interest in compliance with section 18-8-308, C.R.S. Source: L. 79: Entire article added, p. 813, § 1, effective July 1. L. 84: (3) amended and (5) R&RE, pp. 624, 625, §§ 18, 19, effective April 10. L. 2000: Entire section amended, p. 1272, § 4, effective May 26. L. 2004: (3) and (4) amended, p. 563, § 8, effective July 1. 23-3.1-205. Meetings of board - quorum - expenses. (1) Five members of the board shall constitute a quorum. Action may be taken by the board upon the affirmative vote of a majority of the members present at any meeting at which a quorum is present. No vacancy in the membership of the board shall impair the right of a quorum to exercise all the rights and perform all the duties of the board. (2) Pursuant to part 4 of article 6 of title 24, C.R.S., each meeting of the board shall be open to the public. Notice of meetings shall be as provided in accordance with applicable law. One or more members of the board may participate in any board meeting and may vote on resolutions through the usage of telecommunications devices, including, but not limited to, the usage of a conference telephone or similar communications equipment. Such participation through telecommunications devices shall constitute presence in person at such meeting. Such use of telecommunications shall not supersede any requirements for public hearing otherwise provided by law. Resolutions need not be published or posted, but resolutions and all proceedings and other acts of the board shall be a public record. Colorado Revised Statutes 2019 Page 103 of 673 Uncertified Printout (3) Members of the board shall receive no compensation for services but shall be entitled to the necessary expenses, including traveling and lodging expenses, incurred in the discharge of their official duties. Any payments for expenses shall be paid from funds of the authority. Source: L. 79: Entire article added, p. 814, § 1, effective July 1. L. 83: (2) amended, p. 785, § 1, effective April 29. L. 84: (1) amended, p. 625, § 20, effective April 10. L. 91: (2) amended, p. 901, § 2, effective April 19; (2) amended, p. 820, § 4, effective June 1. L. 2000: Entire section amended, p. 1273, § 5, effective May 26. L. 2004: (1) amended, p. 564, § 9, effective July 1. Editor's note: Amendments to subsection (2) in Senate Bill 91-33 and House Bill 911119 were harmonized. 23-3.1-205.3. Transfer of property. (1) On May 26, 2000, all items of property, real and personal, including office furniture and fixtures, books, documents, funds and accounts, and records of the authority shall be transferred with the authority to the department of higher education, and shall remain the property of the authority. (2) Amounts in the existing administrative fund of the authority transferred on May 26, 2000, shall be deposited as provided in section 23-3.1-205.4. Funds of the authority held by a corporate trustee pursuant to a trust indenture shall continue to be held and invested in accordance with such trust indenture. The prepaid tuition expense fund shall be transferred to be held by the state treasury and shall be administered in accordance with the provisions of this part 2. (3) On and after May 26, 2000, whenever the Colorado student obligation bond authority or the board of directors of the Colorado student obligation bond authority is referred to or designated by any contract or other document or in other state statutory provisions, such reference or designation shall be deemed to apply to the authority as a division of the department of higher education pursuant to section 23-3.1-203. All contracts entered into by or on behalf of the Colorado student obligation bond authority or its board prior to May 26, 2000, are hereby validated, with the authority in the department of higher education succeeding to all rights and assuming all obligations under such contracts. (4) No suit, action, or other judicial or administrative proceeding lawfully commenced prior to May 26, 2000, or that could have been commenced prior to said date, by or against the Colorado student obligation bond authority, its board of directors, or any officer thereof in such officer's official capacity or in relation to the discharge of the official's duties shall abate by reason of the transfer of the authority and its board to the department of higher education. Source: L. 2000: Entire section added, p. 1274, § 6, effective May 26. L. 2004: (1) and (3) amended, p. 564, § 10, effective July 1. 23-3.1-205.4. Collegeinvest fund - creation - control - use. (1) (a) There is hereby created in the state treasury the Colorado student obligation bond authority fund, to be known and referred to on and after July 1, 2004, as the collegeinvest fund, which shall be under the control of the authority in accordance with the provisions of this part 2 and part 3 of this article. The moneys in the collegeinvest fund shall be invested by the state treasurer. Except as Colorado Revised Statutes 2019 Page 104 of 673 Uncertified Printout otherwise allowed by section 24-36-103 (2), C.R.S., and except for amounts received in connection with the prepaid expense program and the savings programs in part 3 of this article, all moneys received or acquired by the authority, whether by appropriation, grant, contract, gift, sale or lease of surplus real or personal property, or any other means, whose disposition is not otherwise provided for by law or by a trust indenture, and all interest derived from the deposit and investment of moneys in the fund shall be credited to said fund, including moneys received pursuant to sections 23-3.1-206 (1)(k) and 23-3.1-304 (1)(h). Except as provided in paragraph (b) of this subsection (1), the moneys in the fund are hereby continuously appropriated to the authority and shall remain in the fund and shall not be transferred or revert to the general fund of the state at the end of any fiscal year. (b) Notwithstanding the provisions of paragraph (a) of this subsection (1), if the authority sells, transfers, or enters into a contract with another entity concerning all or a substantial portion of the authority's power to make, originate, disburse, or service loans, the proceeds of the sale, transfer, or contract shall not be used by the authority without further appropriation by the general assembly. (c) Notwithstanding any provision of paragraph (a) of this subsection (1) to the contrary, if the authority or any other division of the department sells, transfers, or enters into a contract with another entity concerning all or any portion of the authority's or division's interest in any student loans or student obligations, the authority or the division shall deposit the net proceeds of the sale, transfer, or contract as follows: (I) Up to five million dollars shall remain in the reserve account in the collegeinvest fund, which account is hereby created, and may be used: To fund the repurchase of student loans sold by the authority if a guarantee agency refuses to honor a claim filed with respect to any such loans on account of an event that occurred prior to the sale; and to pay all liabilities, costs, and expenses with respect to the authority's programs to undertake forgiveness of indebtedness under such student loans sold by the authority. (II) After the retention of the amount required in subparagraph (I) of this paragraph (c), up to five million dollars of the remaining proceeds shall remain in the transition account in the collegeinvest fund, which account is hereby created to pay costs and expenses associated with the transition and wind-down of the authority's student loan program. Any expenditure from the transition account in excess of one hundred thousand dollars shall require the approval of the executive director. (III) to (IV) Repealed. (2) The moneys in the collegeinvest fund may be used by the authority for the payment of salaries and operating and administrative expenses of the authority and for the payment of any other expenses incurred by the authority in carrying out its statutory powers and duties. (3) The moneys in the collegeinvest fund that are not needed for immediate use by the authority may be invested by the state treasurer in investments authorized by sections 24-36-109, 24-36-112, and 24-36-113, C.R.S. The authority shall determine the amount of moneys in the fund that may be invested and shall notify the state treasurer in writing of such amount. (4) The authority may request authorization to transfer or loan moneys from the collegeinvest fund to the prepaid expense trust fund, created in section 23-3.1-206.7, or to any fund created for the implementation of the savings programs, established pursuant to part 3 of this article, as necessary to carry out the authority's powers and duties under this part 2 and part 3 of this article. The authority shall submit any such transfer or loan request to the executive Colorado Revised Statutes 2019 Page 105 of 673 Uncertified Printout director for approval. The authority shall not transfer or loan moneys from the collegeinvest fund to the prepaid expense trust fund or to any fund created for the implementation of the savings programs unless such transfer or loan is approved by the executive director. Source: L. 2000: Entire section added, p. 1274, § 6, effective May 26. L. 2003: (4) added, p. 552, § 1, effective August 6. L. 2004: Entire section amended, p. 564, § 11, effective July 1. L. 2006: (1) amended, p. 514, § 13, effective July 1. L. 2008: (2) amended, p. 203, § 1, effective August 5. L. 2010: (1)(c) and (1)(c)(III.5) added and (1)(c)(IV) amended, (HB 101428), ch. 390, p. 1828, 1831, §§ 2, 10, effective June 9. L. 2014: (1)(c)(III.5) repealed and (1)(c)(IV) amended, (HB 14-1363), ch. 302, p. 1266, § 18, effective May 31; (1)(c)(I) and (1)(c)(II) amended and (1)(c)(III) and (1)(c)(IV) repealed, (HB 14-1384), ch. 347, p. 1559, § 4, effective August 6. L. 2015: (1)(a) and (4) amended, (HB 15-1359), ch. 269, p. 1054, § 14, effective June 3. Editor's note: Subsection (1)(c)(IV) was amended in HB 14-1363. Those amendments were superseded by the repeal of subsection (1)(c)(IV) in HB 14-1384. 23-3.1-205.5. Collegeinvest - enterprise status. (1) Collegeinvest shall constitute an enterprise for the purposes of section 20 of article X of the state constitution, so long as collegeinvest retains the ability to issue revenue bonds and receives less than ten percent of its total annual revenues in grants, as defined in section 24-77-102 (7), C.R.S., from all Colorado state and local governments combined. So long as it constitutes an enterprise pursuant to this subsection (1), collegeinvest shall not be subject to any provisions of section 20 of article X of the state constitution. Agreements between collegeinvest and the student loan division in the department of higher education for the guarantee of payment of student loans are not grants for purposes of the definition of enterprise under section 20 (2)(d) of article X of the state constitution. (2) For purposes of part 2 of article 72 of title 24, C.R.S., the records of collegeinvest and the board shall be public records, as defined in section 24-72-202 (6), C.R.S., except to the extent otherwise specified by law, regardless of whether collegeinvest and the board constitute an enterprise pursuant to subsection (1) of this section. Source: L. 2000: Entire section added, p. 1274, § 6, effective May 26. L. 2004: Entire section amended, p. 565, § 12, effective July 1. 23-3.1-205.7. Department of higher education - executive director - powers and duties. In addition to any other powers and duties specifically granted by law, the executive director shall have such powers and duties as are not otherwise granted to the authority in this part 2 and in part 3 of this article, and shall also have all powers and duties necessary to oversee the authority, including, but not limited to, its management and direction. Source: L. 2000: Entire section added, p. 1274, § 6, effective May 26. Colorado Revised Statutes 2019 Page 106 of 673 Uncertified Printout 23-3.1-206. General powers and duties of the authority. (1) In addition to any other powers and duties specifically granted to the authority in this part 2, the authority has the following powers: (a) (Deleted by amendment, L. 2000, p. 1276, § 7, effective May 26, 2000.) (b) To adopt and from time to time amend or repeal policies for the regulation of its affairs and the conduct of its business, consistent with the provisions of this part 2; (c) to (e) (Deleted by amendment, L. 2000, p. 1276 § 7, effective May 26, 2000.) (f) To borrow money and issue bonds, notes, bond anticipation notes, or other obligations and to fund or refund such obligations as provided in this part 2; (g) To engage the services of private consultants and legal counsel and to otherwise contract with providers to render professional and technical assistance, advice, and other services in carrying out the purposes of this part 2 and part 3 of this article without regard to the provisions of the "Procurement Code", articles 101 to 112 of title 24, C.R.S.; (h) Repealed. (i) To purchase or participate in the purchase of student obligations; (j) To sell or participate in the sale of student obligations; (k) To collect and pay reasonable fees and charges in connection with making, purchasing, originating, disbursing, and servicing or causing to be made, purchased, originated, disbursed, or serviced student obligations or institutional loans by the authority, including payment to the division for services performed for the authority and pursuant to part 3 of this article without regard to the provisions of the "Procurement Code", articles 101 to 112 of title 24, C.R.S.; (l) To procure insurance, guarantees, or other credit support with respect to all student obligations made or purchased or all institutional loans made by the authority; (m) To consent, whenever it deems it necessary or desirable in the fulfillment of its purposes, to the modification of the rate of interest, time of payment of any installment of principal or interest, or any other terms of any student obligation to which the authority is a party, but no such consent shall be made or given if its effect would be to obviate insurance coverage with respect to any student obligation; (n) To make and execute contracts, including advance payment contracts with purchasers and all other instruments necessary or convenient for the exercise of its powers and functions under this part 2; (o) To do all things necessary and convenient to carry out the purposes of this part 2 and of part 3 of this article including funding of grants, scholarships, and loan forgiveness; (p) to (r) (Deleted by amendment, L. 2000, p. 1276, § 7, effective May 26, 2000.) (s) To establish policies, procedures, and criteria to implement and administer the prepaid expense program; (t) To assure that nothing shall cause the authority to exceed the limitations prescribed in section 23-3.1-205.5; (u) (I) At times prescribed by the department of revenue, but not less frequently than annually, to certify to the department of revenue information regarding persons who owe a loan repayment to the division, the amount of which has been determined to be owing as a result of a final agency determination or judicial decision pursuant to 39-21-108 (3), C.R.S., or which has been reduced to judgment. Colorado Revised Statutes 2019 Page 107 of 673 Uncertified Printout (II) Such information shall include the name and social security number of the person owing the debt, the amount of the debt, and any other identifying information required by the department of revenue. (III) Upon notification by the department of revenue of amounts deposited with the state treasurer pursuant to section 39-21-108 (3), C.R.S., the state treasurer shall disburse such amounts to the division. (v) To implement and administer, including marketing, the Colorado collegeinvest scholarship program established in section 23-3.1-206.9; (w) To deposit moneys into the Colorado collegeinvest scholarship trust fund; to accept moneys appropriated to the fund by the general assembly; to accept gifts, grants, and donations from third parties for deposit into the fund; and to expend moneys from the fund for Colorado collegeinvest scholarships; (x) To organize entities pursuant to title 7, C.R.S., and transfer funds to the entities for the purpose of investing the moneys in the Colorado collegeinvest scholarship trust fund and any other trusts and funds under the authority's control; and (y) To develop and administer loan forgiveness programs. (2) No actions taken by the authority pursuant to this section shall be interpreted to constitute or become an indebtedness, a debt, or a liability of the state, nor shall any actions taken by the authority be interpreted to constitute the giving, pledging, or loaning of the full faith and credit of the state. Source: L. 79: Entire article added, p. 815, § 1, effective July 1. L. 84: (1)(h) to (1)(l) amended, p. 625, § 21, effective April 10. L. 96: (1)(g) and (1)(n) amended and (1)(p) to (1)(s) added, p. 423, § 3, effective April 22. L. 2000: Entire section amended, p. 1276, § 7, effective May 26. L. 2002: (1)(u) added, p. 101, § 5, effective August 7. L. 2004: (1)(h), (1)(k), and (1)(l) amended, p. 566, § 13, effective July 1. L. 2005: (1)(x) amended, p. 1017, § 13, effective June 2; (1)(t) amended and (1)(v), (1)(w), and (1)(x) added, p. 168, § 2, effective July 1. L. 2008: (1)(g), (1)(k), (1)(o), (1)(v), (1)(w), and (1)(x) amended and (1)(y) added, p. 203, § 2, effective August 5. L. 2010: (1)(o) amended, (HB 10-1428), ch. 390, p. 1830, § 7, effective June 9; (1)(h) repealed, (HB 10-1428), ch. 390, p. 1830, § 6, effective September 30. L. 2011: (1)(y) amended, (HB 11-1281), ch. 180, p. 689, § 13, effective May 19. 23-3.1-206.2. Financial need scholarships and grants - fund - repeal. (Repealed) Source: L. 2010: Entire section added, (HB 10-1428), ch. 390, p. 1829, § 3, effective June 9. L. 2014: (3) added, (HB 14-1384), ch. 347, p. 1559, § 3, effective August 6. Editor's note: Subsection (3) provided for the repeal of this section, effective September 1, 2014. (See L. 2014, p. 1559.) 23-3.1-206.5. Servicing of student obligations and institutional loans. (1) (Deleted by amendment, L. 2004, p. 566, § 14, effective July 1, 2004.) (2) The authority may contract with the division to service student obligations made or purchased by the authority. Colorado Revised Statutes 2019 Page 108 of 673 Uncertified Printout Source: L. 84: Entire section added, p. 625, § 22, effective April 10. L. 2004: Entire section amended, p. 566, § 14, effective July 1. L. 2010: (2) amended, (HB 10-1428), ch. 390, p. 1831, § 8, effective June 9. 23-3.1-206.7. Prepaid expense program. (1) The authority shall develop and administer, in accordance with this part 2, the Colorado prepaid postsecondary education expense program, which program is hereby created. Through the prepaid expense program, all or part of tuition or other costs, as determined by the authority, may be paid in advance of or accumulated toward enrollment at institutions of higher education. (2) (Deleted by amendment, L. 2000, p. 1278, § 8, effective May 26, 2000.) (3) No purchaser or qualified beneficiary participating in the prepaid expense program shall be classified as a resident for tuition purposes as a result of such participation. Purchasers and qualified beneficiaries shall be required to establish residency status based on the requirements of the state institution at which the qualified beneficiary is seeking to enroll. (4) The selection by a purchaser in an advance payment contract of a particular state institution shall not in any way constitute a promise or guarantee that a qualified beneficiary will be admitted to any particular state institution or other institution of higher education or allowed to continue enrollment in or graduate from any state institution or other institution of higher education. (5) (a) The Colorado prepaid postsecondary education expense trust fund is hereby created. The prepaid expense trust fund shall consist of moneys remitted by purchasers, moneys acquired from governmental and private sources, and general fund appropriations, if any. In addition, the prepaid expense trust fund may include any moneys transferred or loaned thereto pursuant to section 23-3.1-205.4. All income derived from the deposit and investment of moneys in the prepaid expense trust fund shall be credited to the fund. At the end of any fiscal year, all unexpended and unencumbered moneys in the prepaid expense trust fund shall remain therein and shall not be credited or transferred to the general fund or any other fund. On May 26, 2000, the prepaid expense trust fund, and all moneys in said fund, including all interest and earnings in said fund shall be transferred with the authority as provided in section 23-3.1-205.3. All moneys remitted by purchasers and other moneys received by the authority in connection with the prepaid expense program shall be transmitted by the authority to the state treasurer and credited to the prepaid expense trust fund. The state treasurer shall invest moneys in the prepaid expense trust fund based upon the direction of the authority and shall make disbursements from the prepaid expense trust fund in connection with the prepaid expense program based upon the direction of the authority and in a manner appropriate to carry out the prepaid expense program. All income derived from the deposit and investment of moneys in the prepaid expense trust fund shall be credited to the fund. At the end of any fiscal year, all unexpended and unencumbered moneys in the prepaid expense trust fund shall remain therein and shall not be credited or transferred to the general fund or any other fund. (b) (Deleted by amendment, L. 2000, p. 1278, § 8, effective May 26, 2000.) (c) The state treasurer shall maintain on behalf of the authority the prepaid expense trust fund as a separate fund. The state treasurer shall credit all moneys remitted to the state treasurer by the authority as provided in paragraph (a) of this subsection (5) to the prepaid expense trust fund. Colorado Revised Statutes 2019 Page 109 of 673 Uncertified Printout (d) (I) The authority shall evaluate the actuarial soundness of the prepaid expense trust fund if, on the last day of the fiscal year, the aggregate amount of moneys of the prepaid expense trust fund invested in any of the following forms of investment exceeds ten percent of the market value of investable assets of the prepaid expense trust fund: (A) Common or preferred stock; or (B) Corporate bonds, notes, or debentures that are convertible into common or preferred stock; or (C) Investment trust shares. (II) The authority may contract with a private consultant or consultants to perform an actuarial evaluation of the prepaid expense trust fund and to provide financial advice to the authority in connection with the prepaid expense trust fund. Any actuarial report and written financial advice shall be provided by the authority to the state treasurer. If, based upon an actuarial evaluation, the authority determines that the prepaid expense trust fund is not actuarially sound, the authority may direct the state treasurer to distribute the available assets of the prepaid expense trust fund in a manner permitted by outstanding advance payment contracts. In connection with the evaluation of the prepaid expense trust fund, a calculation based on key assumptions approved by the board shall be made by or on behalf of the authority to determine whether an excess amount exists in the prepaid expense trust fund. If, based on this calculation, the authority determines that an excess amount exists in the prepaid expense trust fund, the authority shall calculate, by dividing such excess amount by the total number of expected tuition units in the prepaid expense trust fund, the portion of such excess amount that would be attributable on a pro rata basis to each such expected tuition unit. At the time the value of any tuition units under an advance payment contract is disbursed from the prepaid expense trust fund during the academic year immediately following such calculation, the portion of the excess amount attributable to such tuition units as a result of the calculation made pursuant to this paragraph (d) shall be paid as part of such disbursement. The excess amount shall otherwise remain in the prepaid expense trust fund as a part of the stabilization reserve. (e) (I) All expenses of the authority incurred in developing and administering the prepaid expense program shall be payable from the prepaid expense trust fund. The authority may use moneys in the prepaid expense trust fund to reimburse the expenses of the authority incurred in connection with the development and administration of the prepaid expense program. In no event shall annual administration expenses of the authority exceed one percent of the contract price. Any recovery of development costs by the authority shall not include interest or finance charges, but may include moneys transferred from the collegeinvest fund to the prepaid expense trust fund under section 23-3.1-205.4 (4). Any moneys in the prepaid expense trust fund that are not needed for immediate use by the authority shall be invested by the state treasurer in accordance with paragraph (a) of this subsection (5) and with the actuarial report provided by the authority and in investments permitted by section 23-3.1-216 (1) and (3). The authority shall determine the amount of moneys in the fund that shall be invested and shall notify the state treasurer in writing of the amount. (II) (Deleted by amendment, L. 2000, p. 1278, § 8, effective May 26, 2000.) (6) and (7) (Deleted by amendment, L. 2000, p. 1278, § 8, effective May 26, 2000.) (8) If, at any time, the authority determines that the prepaid expense program, or any aspect thereof, is not financially sound, the authority may discontinue permanently or for a period of time the prepaid expense program or that particular aspect of the program and the Colorado Revised Statutes 2019 Page 110 of 673 Uncertified Printout execution of additional advance payment contracts. The state treasurer shall continue to invest moneys in the prepaid expense trust fund based upon the direction of the authority and shall continue to make disbursements from the prepaid expense trust fund in connection with the prepaid expense program based upon the direction of the authority for the benefit of existing purchasers and qualified beneficiaries except as otherwise authorized. Source: L. 96: Entire section added, p. 423, § 4, effective April 22. L. 98: (5)(a) amended, p. 213, § 4, effective August 5. L. 2000: Entire section amended, p. 1278, § 8, effective May 26. L. 2003: (5)(a) amended, p. 553, § 3, effective August 6. L. 2004: (1), (5)(a), (5)(d), and (8) amended, p. 566, § 15, effective July 1. L. 2008: (5)(e)(I) amended, p. 204, § 3, effective August 5. 23-3.1-206.9. Colorado collegeinvest scholarship program - administration - fund policies. (1) There is hereby created the Colorado collegeinvest scholarship program for the purpose of increasing access to postsecondary education. The Colorado collegeinvest scholarship program shall be implemented and administered by the authority. A scholarship under the Colorado collegeinvest scholarship program may be awarded only to an undergraduate student who, each year: (a) (I) Attends a state institution of higher education or a participating private institution of higher education as defined in section 23-18-102 (8) and is eligible to receive a stipend pursuant to article 18 of this title; or (II) Attends a local district college that is part of a local college district organized pursuant to article 71 of this title; or (III) Attends an area technical college, as defined in section 23-60-103 (1), and is earning postsecondary credits that may be transferred into an associate degree program at a community college or into a degree program at a four-year institution of higher education as provided in section 23-1-108 (7) and the state credit transfer policies established by the Colorado commission on higher education; and (b) Demonstrates financial need through the student's eligibility for the federal Pell grant or its successor program; and (c) Meets any other eligibility requirements established by the board, which shall include but need not be limited to requiring the student to maintain a high school cumulative grade point average of at least 2.5. (2) (a) The Colorado collegeinvest scholarship trust fund, which is hereby created, shall consist of moneys deposited into the fund by the authority, any moneys appropriated to the fund by the general assembly, and any gifts, grants, and donations received by the authority for the Colorado collegeinvest scholarship program. Moneys deposited into the Colorado collegeinvest scholarship trust fund shall be deemed to be trust funds and shall be administered by the authority and shall be used for the direct and indirect costs of implementing and administering, including marketing, the Colorado collegeinvest scholarship program and may be used for needbased financial aid. Annual expenditures on direct marketing shall not exceed five percent of the annual revenue of the trust. Any unexpended and unencumbered moneys remaining in the Colorado collegeinvest scholarship trust fund at the end of a fiscal year shall remain in the fund and shall not be credited or transferred to the general fund or to any other fund. Any moneys Colorado Revised Statutes 2019 Page 111 of 673 Uncertified Printout appropriated by the general assembly to the Colorado collegeinvest scholarship trust fund shall be subject to annual appropriation. (b) Notwithstanding the provisions of paragraph (a) of this subsection (2) to the contrary, on July 1, 2009, of moneys credited to the Colorado collegeinvest scholarship trust fund other than moneys transferred from the student loan guarantee fund created in section 23-3.1-107 (1)(a), the state treasurer shall deduct fifteen million dollars from the Colorado collegeinvest scholarship trust fund and transfer such sum to the general fund. (c) Notwithstanding any provision of paragraph (a) of this subsection (2) to the contrary, of moneys credited to the Colorado collegeinvest scholarship trust fund other than moneys transferred from the student loan guarantee fund created in section 23-3.1-107 (1)(a), the state treasurer shall deduct twenty-nine million eight hundred thousand dollars from the Colorado collegeinvest scholarship trust fund and transfer such sum to the general fund if the revenue estimate prepared in June of 2010 in accordance with section 24-75-201.3 (2), C.R.S., indicates for the fiscal year commencing July 1, 2010, that general fund expenditures for that fiscal year based on appropriations enacted by law will result in the use of more than three-eighths of the reserve required by section 24-75-201.1 (1)(d), C.R.S., or if the revenue estimate prepared in September or December of 2010 or in March or June of 2011 in accordance with section 24-75201.3 (2), C.R.S., indicates for the fiscal year commencing July 1, 2010, that general fund expenditures for that fiscal year based on appropriations then in effect will result in the use of more than three-eighths of the reserve required by section 24-75-201.1 (1)(d), C.R.S.; however, said amount shall be deducted and transferred by the state treasurer only once pursuant to this paragraph (c). (3) The board shall adopt any policies necessary for the implementation and administration of the Colorado collegeinvest scholarship program, which shall include but need not be limited to implementing the program for the high school graduating class of 2008, providing awards to both part-time and full-time students, and specifying that a scholarship under the program shall only be paid to a student for up to five academic years. The board shall develop an application for the Colorado collegeinvest scholarship program that shall be returned as specified by the board. The application shall include the requirements for and the disqualifications from the Colorado collegeinvest scholarship program. The policies adopted by the board for the implementation and administration of the Colorado collegeinvest scholarship program shall be approved by the executive director. (4) Notwithstanding section 24-1-136 (11)(a)(I), on or before February 1 of each year, the board shall report to the education committees of the senate and the house of representatives, or any successor committees, on the status of the Colorado collegeinvest scholarship program. The report shall include, but need not be limited to, the financial status of the Colorado collegeinvest scholarship trust fund, the amount of money annually spent on administration, the average scholarship award amount, and the number of students participating in the Colorado collegeinvest scholarship program. Source: L. 2005: Entire section added, p. 166, § 1, effective July 1. L. 2008: IP(1), (1)(c), (2), (3), and (4) amended, p. 205, § 4, effective August 5. L. 2009: (2) amended, (SB 09279), ch. 367, p. 1926, § 6, effective June 1. L. 2010: (2) amended, (HB 10-1383), ch. 361, p. 1713, § 1, effective June 7. L. 2016: (1)(a)(III) amended, (HB 16-1082), ch. 58, p. 144, § 15, Colorado Revised Statutes 2019 Page 112 of 673 Uncertified Printout effective August 10. L. 2017: (4) amended, (HB 17-1251), ch. 253, p. 1059, § 6, effective August 9. 23-3.1-207. Notes. (1) The authority may issue from time to time its negotiable notes for any of its purposes as provided in this part 2, including purchase of student obligations or the making of student obligations or institutional loans, and may renew from time to time any notes by the issuance of new notes, whether the notes to be renewed have or have not matured. The authority may issue notes partly to renew notes or to discharge other obligations then outstanding and partly for any other purpose. The notes may be authorized, sold, executed, and delivered in the same manner as bonds. (2) Any resolution authorizing notes of the authority or any issue of such notes may contain any provisions which the authority is authorized to include in any resolution authorizing bonds of the authority or any issue of bonds, and the authority may include in any notes any terms, covenants, or conditions which it is authorized to include in any bonds. (3) All such notes shall be payable from the proceeds of bonds or renewal notes or from the revenues of the authority or other moneys available for such payment and not otherwise pledged, subject only to any contractual rights of the holders of any of its notes or other obligations outstanding at the time of issuance of such notes. Source: L. 79: Entire article added, p. 816, § 1, effective July 1. L. 84: (1) amended, p. 626, § 23, effective April 10. L. 2004: (1) amended, p. 568, § 16, effective July 1. 23-3.1-208. Bonds. (1) (a) The authority may issue from time to time its bonds for its purposes as provided in this part 2, including but not limited to purchasing or making student obligations or making institutional loans. The authority may not undertake the financing of the making or purchasing of student obligations unless, prior to the issuance of any bonds or notes, the board finds that there is insufficient access to student obligations from normal private market sources and that the financing will help alleviate such insufficient access. (b) (Deleted by amendment, L. 2004, p. 568, § 17, effective July 1, 2004.) (c) In anticipation of the sale of its bonds, the authority may issue bond anticipation notes and may renew the same from time to time. Such notes shall be paid from any revenues of the authority or other moneys available for payments and not otherwise pledged or from proceeds of the sale of the bonds of the authority in anticipation of which they were issued. The bond anticipation notes shall be issued in the same manner as bonds. Such notes and the resolution authorizing them may contain any provisions, conditions, or limitations which a bond resolution of the authority contains. (2) (a) All bonds issued by the authority shall be payable solely out of the revenues and receipts of the authority as designated in the resolution of the authority under which the bonds are authorized to be issued or as designated in a trust indenture authorized by the authority which shall name a bank or trust company as trustee or out of other moneys available for payments and not otherwise pledged. (b) Bonds may be executed and delivered by the authority at such times, may be in such form and denominations and include such terms and maturities, may be in fully registered form or in bearer form registerable either as to principal or interest or both, may bear such conversion privileges, may be payable in such installments and at such time or times not exceeding forty Colorado Revised Statutes 2019 Page 113 of 673 Uncertified Printout years from the date thereof, may be payable at such place or places whether within or without the state of Colorado, may bear interest at such fixed or variable rate or rates per annum as determined by the authority or in accordance with methods approved by the authority without regard to any interest rate limitation appearing in any other law of this state, may be evidenced in such manner, may be executed by such officers of the authority, including the use of one or more facsimile signatures so long as at least one manual signature appears on the bonds, which may be either an officer of the authority or an officer of the trustee authenticating the same, may be in the form of coupon bonds which have attached interest coupons bearing the facsimile signature of an authorized officer of the authority, and may contain such provisions not inconsistent with this part 2, all as provided in the resolution of the authority under which the bonds are authorized to be issued or as provided in a trust indenture authorized by the authority. (3) If deemed advisable by the authority, there may be retained in the resolution or the trust indenture under which any bonds of the authority are authorized to be issued an option to redeem all or any part of said bonds as may be specified in such resolution or in such trust indenture, at such price or prices and on such terms and conditions as may be set forth in such resolution or in such trust indenture. Nothing in this part 2 shall be construed to confer on the authority the right or option to redeem any bonds except as provided in the resolution or in such trust indenture under which they are issued. (4) The bonds or notes of the authority may be sold at public or private sale for such price or prices, in such manner, and at such times as determined by the authority, and the authority may pay all expenses, premiums, and commissions which it may deem necessary or advantageous in connection with the issuance of bonds or notes. The power to fix the date of sale of bonds and notes, to receive bids or proposals, to award and sell bonds and notes, and to take all other necessary action to sell and deliver bonds and notes may be delegated to the executive officer by resolution of the authority. Pending preparation of the definitive bonds, the authority may issue interim receipts or certificates which shall be exchanged for such definitive bonds. (5) (a) Any outstanding bonds of the authority may be refunded or advance refunded at any time and from time to time by the authority by the issuance of its bonds for such purpose in a principal amount determined by the authority, which may include interest accrued or to accrue with or without giving effect to investment income and other expenses necessary to be paid in connection with such issuance. (b) (I) Any such refunding may be effected whether the bonds to be refunded have then matured or will mature thereafter, either by sale of the refunding bonds and the application of the proceeds of such sale for the payment of the bonds to be refunded or by the exchange of the refunding bonds for the bonds to be refunded with the consent of the holders of the bonds to be so refunded, regardless of whether or not the bonds proposed to be refunded are payable on the same date or different dates or are due serially or otherwise. (II) The proceeds of any such bonds issued for the purpose of refunding outstanding bonds may be applied, in the discretion of the authority, to the purchase or retirement at maturity or redemption of such outstanding bonds either on their earliest or any subsequent redemption date or upon the purchase or at the maturity thereof and, pending such application, may be placed in escrow to be applied to such purchase or retirement at maturity or redemption on such date as may be determined by the authority. Any such escrowed proceeds, pending such use, may be invested and reinvested in securities meeting the investment requirements established in part 6 of article 75 of title 24, C.R.S., maturing at such time or times as are appropriate to assure Colorado Revised Statutes 2019 Page 114 of 673 Uncertified Printout the prompt payment as to principal, interest, and redemption premium, if any, of the outstanding bonds to be so refunded. The interest, income, and profit, if any, earned or realized on any such investment may also be applied, in the discretion of the authority, to the payment of the outstanding bonds or notes to be so refunded or to the payment of principal and interest on the refunding bonds or for any other purpose under this part 2. After the terms of the escrow have been fully satisfied and carried out, any balance of such proceeds and interest, income, and profits, if any, earned or realized on the investments may be returned to the authority for use by it in any lawful manner. (c) All such refunding bonds shall be subject to the provisions of this part 2 in the same manner and to the same extent as other bonds issued pursuant to this part 2. (6) The proceeds of any bonds, notes, bond anticipation notes, or other obligations may be used and applied to the payment of financing costs, including legal, underwriting and investment banking, accounting, and other similar costs; the funding of any reserve funds deemed necessary or advisable by the authority; interest on such bonds, notes, bond anticipation notes, or other obligations for a period not to exceed three years; and all other necessary and incidental costs and expenses. Source: L. 79: Entire article added, p. 816, § 1, effective July 1. L. 81: (1)(a) amended, p. 1090, § 2, effective May 28. L. 83: (1)(a) amended, p. 785, § 2, effective April 29. L. 84: (1) R&RE, p. 626, § 24, effective April 10. L. 89: (5)(b)(II) amended, p. 1108, § 12, effective July 1. L. 92: (1)(a) amended, p. 586, § 1, effective March 4. L. 2000: (1)(a) amended, p. 130, § 1, effective August 2. L. 2004: (1), (2), and (3) amended, p. 568, § 17, effective July 1. L. 2006: (1)(a) amended, p. 514, § 12, effective July 1. L. 2008: (1)(a) amended, p. 206, § 5, effective August 5. 23-3.1-209. Negotiability of bonds. All bonds and any interest coupons applicable to such bonds are hereby declared and shall be construed to be negotiable instruments. Source: L. 79: Entire article added, p. 818, § 1, effective July 1. L. 84: Entire section amended, p. 627, § 25, effective April 10. 23-3.1-210. Security for bonds and notes. (1) (a) The principal and interest on any bonds or notes issued by the authority may be secured by a trust indenture by and between the authority and a corporate trustee. Such trust indenture or the resolution providing for the issuance of such obligations may pledge or assign all or any part of the revenues or assets of the authority, including, without limitation, student obligations, student obligation commitments, institutional loans, moneys deposited or pledged by or on behalf of one or more institutions of higher education, moneys deposited or pledged by the division, temporary loans, contracts, agreements, and other security or investment obligations, the fees or charges made or received by the authority, the moneys received in payment of student obligations and institutional loans and interest on such moneys, including the proceeds of insurance on such obligations and loans and any other moneys received or due to be received by the authority. (b) Such trust indenture or resolution may contain such provisions for protecting and enforcing the rights and remedies of the holders of any of the bonds or notes as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of Colorado Revised Statutes 2019 Page 115 of 673 Uncertified Printout the authority in relation to the purposes to which proceeds of the bonds or notes may be applied, the disposition or pledging of the revenues or assets of the authority, the terms and conditions for the issuance of additional bonds or notes, and the custody, safeguarding and application of all moneys. Any such trust indenture or resolution may set forth the rights and remedies of the holders of any bonds or notes and of the trustee and may restrict the individual right of action by any such holders. (c) In addition, any such trust indenture or resolution may contain such other provision as the authority may deem reasonable and proper for the security of the holders of any bonds or notes, including but not limited to provisions for insurance, letters of credit, standby credit agreements, take-out commitments, or other forms of credit insuring against default or guaranteeing timely payment with respect to student obligations, institutional loans, or bonds. All expenses incurred in carrying out the provisions of such indenture or resolution may be paid from the revenues or assets pledged or assigned to the payment of the principal of and the interest on bonds or notes or from any other funds available to the authority. (2) (a) Any pledge made by the authority, by one or more institutions of higher education, by a nonprofit corporation acting on behalf of one or more institutions of higher education, or by the division shall be valid and binding from the time when the pledge is made. The revenues and moneys so pledged and thereafter received by or otherwise credited to such pledging parties shall immediately be subject to lien of such pledge without any physical delivery, filing, or further act, and the lien of such pledge shall have priority over any and all other obligations and liabilities of such pledging parties, subject to any contractual covenants by the pledging parties and any prior pledges and liens, and shall be valid, binding, and enforceable against all parties having claims of any kind in tort, contract, or otherwise against such pledging parties, irrespective of whether such claiming parties have notice of such lien. Neither the resolution nor any other instrument by which a pledge is created need be recorded. Each pledge, agreement, and indenture made for the benefit or security of any of the bonds of the authority shall continue to be effective until the principal of and interest on the bonds for the benefit of which the same are made has been fully paid or provision for such payment duly made. (b) In the event of default in any such payment or in any agreements of the authority made as part of the contract under which the bonds were issued, whether contained in the resolution authorizing the bonds or in any trust indenture executed as security for such bonds, said payment or agreement may be enforced by suit, mandamus, or either of such remedies. (3) Any bank or trust company that may act as depository of the proceeds of bonds or of revenues or other moneys may furnish such indemnifying bonds or pledge such securities as required by the authority. Source: L. 79: Entire article added, p. 818, § 1, effective July 1. L. 84: (1)(a), (1)(c), and (2)(a) amended, p. 627, § 26, effective April 10. L. 2004: (1)(a), (1)(c), (2), and (3) amended, p. 570, § 18, effective July 1. 23-3.1-211. Personal liability. Neither the members of the board, employees or agents of the authority, nor any person executing the bonds or notes or advance payment contracts shall be liable personally on bonds or notes or advance payment contracts or be subject to any personal liability or accountability by reason of the issuance thereof or as a result of the prepaid expense program. Colorado Revised Statutes 2019 Page 116 of 673 Uncertified Printout Source: L. 79: Entire article added, p. 820, § 1, effective July 1. L. 96: Entire section amended, p. 427, § 5, effective April 22. L. 2000: Entire section amended, p. 1282, § 9, effective May 26. L. 2004: Entire section amended, p. 572, § 19, effective July 1. 23-3.1-212. Purchase. The authority may purchase its bonds or notes out of any available funds. The authority may hold, pledge, cancel, or resell such bonds or notes, subject to and in accordance with agreements with bondholders or noteholders. Source: L. 79: Entire article added, p. 820, § 1, effective July 1. 23-3.1-213. Payment of bonds and advance payment contracts - limited liability of state. (1) Bonds and notes issued by the authority shall be payable solely from the funds provided for in this part 2 and shall not otherwise constitute or become an indebtedness, a debt, or a liability of the state, nor shall the state otherwise be liable on such bonds and notes, nor shall such bonds or notes constitute the giving, pledging, or loaning of the full faith and credit of the state. The issuance of bonds or notes under the provisions of this part 2 shall not obligate the state or empower the authority, directly, indirectly, or contingently, to levy or collect any form of taxes or assessments, to create any indebtedness payable out of taxes or assessments, or to make any appropriation for their payment, and such appropriation, levy, or collection is prohibited. (2) Nothing in this part 2 shall be construed to authorize the authority to create a debt of the state within the meaning of the constitution or statutes of Colorado; and all bonds issued by the authority pursuant to the provisions of this part 2 are payable and shall state that they are payable solely from the funds pledged for their payment in accordance with the resolution authorizing their issuance or with any trust indenture executed as security for such bonds and are not otherwise a debt or liability of the state of Colorado. (3) Except as otherwise provided in this part 2, the state shall not be liable in any event for the payment of the principal of or interest on any bonds of the authority or for the performance of any pledge, obligation, or agreement of any kind whatsoever that may be undertaken by the authority. No breach of any such pledge, obligation, or agreement shall impose any pecuniary liability upon the state, except from funds specifically pledged by the state, or any charge upon its general credit or against its taxing power. (4) Except as otherwise provided in this part 2, advance payment contracts and the benefits due thereunder shall be payable solely from the moneys in the prepaid expense trust fund, and shall not otherwise constitute or become an indebtedness, a debt, or a liability of the state, nor shall the state otherwise be liable on such advance payment contracts, nor shall such advance payment contracts constitute the giving, pledging, or loaning of the full faith and credit of the state. Advance payment contracts and the benefits due thereunder shall be payable by the authority solely from moneys in the prepaid expense trust fund and are not payable from or secured in any way by other moneys or accounts of the authority. Source: L. 79: Entire article added, p. 820, § 1, effective July 1. L. 96: (4) added, p. 428, § 6, effective April 22. L. 2000: Entire section amended, p. 1282, § 10, effective May 26. 23-3.1-214. Exemption from taxation - securities law. The income or other revenues of the authority, including income earned on the investment of moneys in the prepaid expense Colorado Revised Statutes 2019 Page 117 of 673 Uncertified Printout and the savings trust funds, all properties at any time owned by the authority, any bonds, notes, or other obligations issued pursuant to this part 2, the transfer of and the income, including any profit made on sale, from any such bonds, notes, or other obligations, and all trust indentures and other documents issued in connection with such bonds, notes, or other obligations shall be exempt at all times from all taxation and assessments in the state of Colorado. In the bond resolution authorizing the issuance of any bonds by the authority, the board may waive the exemption from federal income taxation for interest on such bonds. Bonds issued by the authority shall also be exempt from the provisions of article 51 of title 11, C.R.S. Source: L. 79: Entire article added, p. 820, § 1, effective July 1. L. 83: Entire section amended, p. 785, § 3, effective April 29. L. 96: Entire section amended, p. 428, § 7, effective April 22. 23-3.1-215. Fees. All expenses of the authority incurred in carrying out the provisions of this part 2 shall be payable solely from funds provided under the authority of this part 2, and no liability shall be incurred by the authority beyond the moneys which are provided pursuant to this part 2. For the purposes of meeting the necessary expenses of initial organization and operation until such date as the authority derives moneys from funds provided pursuant to this part 2, the authority may borrow such moneys as may be required for the necessary expenses of organization and operation. Such borrowed moneys shall be repaid within a reasonable time after the authority receives funds provided pursuant to this part 2. Source: L. 79: Entire article added, p. 821, § 1, effective July 1. 23-3.1-216. Investment of funds. (1) Moneys of the authority held in the collegeinvest fund created in section 23-3.1-205.4 shall be invested as provided in section 23-3.1-205.4 (3). Other moneys of the authority may be invested in property or securities in which the state treasurer may legally invest moneys subject to his or her control. The authority may sell the securities and may deposit the securities in a trust bank within or without the state. Any moneys deposited in a banking institution or a depository authorized in section 24-75-603, C.R.S., shall be secured in such a manner and subject to the terms and conditions as the board may determine, with or without payment of any interest on the deposit, including, without limitation, time deposits evidenced by certificates of deposit. (2) The board may direct a corporate trustee that holds moneys of the authority pursuant to a trust indenture or other agreement between the trustee and the authority to invest or reinvest the moneys in any investments, other than those specified in subsection (1) of this section, if the board determines that, as of the date of the determination, the investment meets the standards for investments established in section 15-1-304, C.R.S. (3) In addition to the investments otherwise permitted in this part 2, the state treasurer may invest moneys in the prepaid expense trust fund in the following: (a) State and municipal bonds; (b) Corporate notes, bonds, and debentures, whether or not convertible, to the extent provided for in paragraph (d) of this subsection (3); (c) Participation agreements with life insurance companies; (d) Common or preferred stock; except that: Colorado Revised Statutes 2019 Page 118 of 673 Uncertified Printout (I) No investment of moneys in the prepaid expense trust fund in common or preferred stock, or both, of any corporation shall be of an amount that exceeds five percent of the market value of investable assets of the trust fund; except that, such amount may exceed five percent, for a period not to exceed sixty consecutive days; (II) The prepaid expense trust fund shall not acquire more than five percent of the outstanding stock or bonds of any single corporation; and (III) The aggregate amount of moneys of the prepaid expense trust fund invested in common or preferred stock, or in corporate bonds, notes, or debentures that are convertible into common or preferred stock, or in investment trust shares shall not exceed sixty percent of the market value of investable assets of the prepaid expense trust fund; except that such market value of investable assets may exceed sixty percent, by not more than five percent, for a period not to exceed sixty consecutive days; (d.5) Investments in the form of mutual funds; and (e) Any guaranteed investment contract, guaranteed interest contract, annuity contract, or funding agreement if the board determines by resolution that: (I) Such contract or agreement meets the standard for investments established in section 15-1-304, C.R.S.; (II) The income on such contract or agreement is at least comparable to the income then available on the other investments permitted in this section; and (III) Such contract or agreement will assist the authority in maintaining an actuarially sound trust fund. Source: L. 79: Entire article added, p. 821, § 1, effective July 1. L. 81: Entire section amended, p. 1090, § 3, effective May 28. L. 83: Entire section amended, p. 786, § 4, effective April 29. L. 89: (1) amended, p. 1108, § 13, effective July 1. L. 96: (3) added, p. 428, § 8, effective April 22. L. 2000: Entire section amended, p. 1283, § 11, effective May 26. L. 2004: (1) amended, p. 153, § 65, effective July 1; (1) amended, p. 572, § 20, effective July 1. L. 2008: (1) and (2) amended, p. 206, § 6, effective August 5. Editor's note: Amendments to subsection (1) by House Bill 04-1126 and House Bill 041350 were harmonized. 23-3.1-217. Proceeds as trust funds. Except as otherwise provided in this part 2, all moneys received pursuant to this part 2, whether as proceeds from the sale of bonds, notes, or other obligations or as revenues or receipts, including moneys received under advance payment contracts shall be deemed to be trust funds to be held and applied solely as provided in this part 2. Any officer, bank, or trust company with which such moneys are deposited shall act as trustee of such moneys and shall hold and apply the same for the purposes of this part 2, subject to such policies and guidelines as the authority and the resolution authorizing the bonds, notes, or other obligations of any issue or the trust indenture securing such obligations provides. Source: L. 79: Entire article added, p. 821, § 1, effective July 1. L. 96: Entire section amended, p. 429, § 9, effective April 22. L. 2000: Entire section amended, p. 1285, § 12, effective May 26. Colorado Revised Statutes 2019 Page 119 of 673 Uncertified Printout 23-3.1-217.5. Claims of creditors - exemption. Moneys credited to or expended from the prepaid expense trust fund by or on behalf of a purchaser or qualified beneficiary of an advance payment contract made under this part 2, which contract has not been terminated, are exempt from all claims of creditors of the purchaser, the qualified beneficiary, or the authority. Source: L. 96: Entire section added, p. 429, § 10, effective April 22. L. 2000: Entire section amended, p. 1285, § 13, effective May 26. 23-3.1-218. Agreement of the state not to limit or alter rights of obligees. The state hereby pledges to and agrees with the holders of any bonds, notes, or other obligations issued under this part 2 and with those parties who may enter into contracts with the authority, with state-supported institutions of higher education, or with the division pursuant to the provisions of this part 2 that the state will not limit, alter, restrict, or impair the rights vested in the authority to fulfill the terms of any agreements made with the holders of bonds, notes, or other obligations authorized and issued pursuant to this part 2 and with the parties who may enter into contracts with the authority pursuant to this part 2, and that the state will not limit, alter, restrict, or impair the rights vested in any state-supported institution of higher education or in the division to fulfill the terms of any contracts made with the authority and with the parties who may enter into contracts with such institutions of higher education or with the division pursuant to this part 2. The state further agrees that it will not in any way impair the rights or remedies of the holders of such bonds, notes, or other obligations of such parties until such bonds, notes, and other obligations, together with interest thereon, with interest on any unpaid installment of interest and all costs and expenses in connection with any action or proceeding by or on behalf of such holders, are fully met and discharged and such contracts are fully performed on the part of the authority, the state-supported institutions of higher education, or the division. Nothing in this part 2 precludes such limitation or alteration if and when adequate provision is made by law for the protection of the holders of such bonds, notes, or other obligations of the authority or those entering into such contracts with the authority or the authority under any contract with a statesupported institution of higher education or with the division. The authority may include this pledge and undertaking for the state in such bonds, notes, or other obligations and in such contracts. Source: L. 79: Entire article added, p. 821, § 1, effective July 1. L. 84: Entire section amended, p. 628, § 27, effective April 10. 23-3.1-219. Enforcement of rights of bondholders. Any holder of bonds issued pursuant to this part 2 or a trustee under a trust agreement or trust indenture entered into pursuant to this part 2, except to the extent that his rights are restricted by any bond resolution, may protect and enforce, by any suitable form of legal proceedings, any rights under the laws of this state or granted by the bond resolution. Such rights include the right to compel the performance of all duties of the authority required by this part 2 or the bond resolution and to enjoin unlawful activities. Source: L. 79: Entire article added, p. 822, § 1, effective July 18. Colorado Revised Statutes 2019 Page 120 of 673 Uncertified Printout 23-3.1-220. Bonds eligible for investment. All banks, bankers, trust companies, savings and loan associations, investment companies, insurance companies and associations, executors, administrators, guardians, trustees, and other fiduciaries may legally invest any sinking funds, moneys, or other funds belonging to them or within their control in any bonds, notes, or other obligations, issued pursuant to this part 2. Public entities, as defined in section 24-75-601 (1), C.R.S., may invest public funds in such bonds, notes, or other obligations only if said bonds, notes, or other obligations satisfy the investment requirements established in part 6 of article 75 of title 24, C.R.S. Source: L. 79: Entire article added, p. 822, § 1, effective July 1. L. 89: Entire section amended, p. 1127, § 59, effective July 1. L. 2004: Entire section amended, p. 572, § 21, effective July 1. 23-3.1-221. Account of activities - receipts for expenditures - report - audit. The authority shall keep an accurate account of all its activities and of all its receipts and expenditures and shall report annually on such activities, receipts, and expenditures in the month of February to its members, to the governor, to the commission, and to the state auditor in a form prescribed by the controller. Also included in the report shall be any recommendations with reference to additional legislation, a financial analysis of the actuarial soundness of the prepaid expense trust fund if one was prepared, an accounting of any loans or transfers approved pursuant to section 23-3.1-205.4 (4), and other action that may be necessary to carry out the purposes of the authority. The state auditor may investigate the affairs of the authority and may examine the properties and records of the authority, and the controller may prescribe methods of accounting and the rendering of periodical reports in relation to undertakings by the authority. The department of higher education shall adopt and prepare a budget for the authority for the next fiscal year. Beginning July 1, 2000, the fiscal year of the authority shall begin on July 1 and shall end on June 30. The authority shall not be required to comply with fiscal rules of the state of Colorado until July 1, 2000. Source: L. 79: Entire article added, p. 822, § 1, effective July 1. L. 81: Entire section amended, p. 341, § 5, effective March 29; entire section amended, p. 1091, § 4, effective May 28. L. 96: Entire section amended, p. 430, § 11, effective April 22. L. 2000: Entire section amended, p. 1286, § 14, effective May 26. L. 2003: Entire section amended, p. 552, § 2, effective August 6. L. 2004: Entire section amended, p. 572, § 22, effective July 1. Editor's note: Amendments to this section in House Bill 81-1215 and House Bill 811020 were harmonized. 23-3.1-222. Federal social security act. The authority may take such action as it deems appropriate to enable its employees to come within the provisions and obtain the benefits of the federal "Social Security Act", as from time to time amended. Source: L. 79: Entire article added, p. 822, § 1, effective July 1. Colorado Revised Statutes 2019 Page 121 of 673 Uncertified Printout 23-3.1-223. Powers of authority not restricted. This part 2 shall not be construed as a restriction or limitation upon any powers which the authority might otherwise have under any laws of this state but shall be construed as cumulative of any such powers. Nothing in this part 2 shall be construed to deprive the state and its political subdivisions of their respective police powers over properties of the authority or to impair any power over such properties of any official or agency of the state and its governmental subdivisions which may be otherwise provided by law. Source: L. 79: Entire article added, p. 822, § 1, effective July 1. 23-3.1-224. Contract powers of state-supported institutions of higher education nonliability of state. (1) For the purpose of funding student obligations, the governing board of any state-supported institution of higher education is authorized to enter into contracts with the authority for the making or securing of student obligations and institutional loans, or the securing of authority bonds including, without limiting the generality of the foregoing, contracts which require such institutions to pledge certain revenues, pay fees, advance or loan funds to the authority, establish and maintain reserves, and make, sell, or purchase student obligations. (2) For the purpose of making student obligations, the governing board of any statesupported institution of higher education is authorized to enter into contracts with the division for the origination, disbursement, servicing, or guarantee of any student obligation funded by an institutional loan. (3) Nothing in this section shall be construed to authorize a state-supported institution of higher education to create a debt of the state within the meaning of the constitution or statutes of Colorado. (4) Any obligation incurred by any state-supported institution of higher education under the provisions of this part 2 shall not constitute or become an indebtedness, a debt, or a liability of the state, nor shall the state be liable on such obligations, nor shall such obligations constitute the giving, pledging, or loaning of the full faith and credit of the state. Such obligations shall not obligate the state or empower such institution, directly, indirectly, or contingently, to levy or collect any form of taxes or assessments, to create any indebtedness payable out of taxes or assessments, or to make any appropriation for their payment, and such appropriation, levy, or collection is prohibited. (5) The state shall not be liable in any event for the performance of any pledge, obligation, or agreement of any kind whatsoever which may be undertaken by such institutions. No breach of any such pledge, obligation, or agreement shall impose any pecuniary liability upon the state or any charge upon its general credit or against its taxing power. Source: L. 84: Entire section added, p. 629, § 28, effective April 10. L. 2004: (1) and (2) amended, p. 573, § 23, effective July 1. 23-3.1-225. Confidentiality of records. (1) Except as otherwise provided in this section, all data, information, and records relating to the prepaid expense trust fund and the prepaid expense program are public records and are subject to inspection pursuant to the provisions of part 2 of article 72 of title 24, C.R.S. Colorado Revised Statutes 2019 Page 122 of 673 Uncertified Printout (2) The following data, information, and records relating to the prepaid expense trust fund and the prepaid expense program shall be kept confidential by the authority, and the authority shall deny the right of access to or inspection of such data, information, and records except as provided in subsection (3) of this section: (a) Data, information, and records relating to individual purchasers and qualified beneficiaries of advance payment contracts, including any records that reveal personally identifiable information about such individuals; except that the authority may disclose such information to an individual purchaser regarding his or her own contract; (b) Trade secrets and proprietary information regarding software, including programs and source codes, utilized or owned by the authority; and (c) Marketing plans and the results of market surveys conducted by the authority. (3) Notwithstanding the provisions of subsection (2) of this section, the authority may disclose and may provide the right of access to or inspection of any data, information, or records to agents or representatives of professionals with whom the authority has contracted as provided in an advance payment contract or contracts, to the department of revenue, or to the state treasurer, or to other third parties if the purchaser or purchasers of the advance payment contract or contracts have consented in writing to such disclosure. (4) No cause of action shall arise against a person for disclosing confidential information in violation of subsection (2) of this section unless the act or omission giving rise to the cause of action was intentional or grossly negligent. Source: L. 98: Entire section added, p. 212, § 2, effective August 5. L. 2000: Entire section R&RE, p. 221, § 1, effective March 29. L. 2004: (3) amended, p. 573, § 24, effective July 1. 23-3.1-226. Policies for promotion and disclosure of program information. (1) The authority shall design a policy related to the promotion of the prepaid expense program and a policy related to the disclosure of program-related information to purchasers or qualified beneficiaries in a manner consistent with this part 2 and consistent with the requirements of section 529 of the internal revenue code in order to require that: (a) Appropriate promotional material and program-related information disclose the average tuition increase in state institutions of higher education in Colorado, as defined in section 23-3.3-101 (4), over the previous five years; (b) Annual statements to purchasers or qualified beneficiaries disclose the number of tuition units paid for, the payments made for such tuition units, and the current value of such tuition units, as well as the average tuition increases in state institutions of higher education in Colorado, as defined in section 23-3.3-101 (4), over the five previous years; (c) An annual report to each purchaser of an advance payment contract setting forth the value and rate of return on the advance payment contract based on a calculation of average tuition and setting forth the amount of the stabilization reserve and retained earnings in the prepaid expense program. The report shall be provided at least annually and upon request of the purchaser of the advance payment contract. (d) Promotional material and program-related information disclose that no moneys invested in the prepaid expense program are insured by the state of Colorado and that neither the principal deposited nor the investment returned is guaranteed by the state of Colorado. Such Colorado Revised Statutes 2019 Page 123 of 673 Uncertified Printout material and information shall also disclose the existence of a stabilization reserve to better support its liability. (e) Any fees paid from moneys collected pursuant to this part 2 are disclosed in promotional material and program-related information provided to the public and to purchasers or qualified beneficiaries, including disclosure of amounts assessed for payments over time. Source: L. 2000: Entire section added, p. 1286, §15, effective May 26. PART 3 SAVINGS PLANS 23-3.1-301. Legislative declaration. (1) The general assembly hereby finds, determines, and declares that a choice of education opportunities will benefit the residents of the state of Colorado and that the establishment of a college savings program will enhance the availability of postsecondary educational opportunities for residents. It is the intent of the general assembly to achieve this purpose through a public-private partnership using selected financial institutions to serve as account holders and managers of individual college savings accounts. (2) The general assembly further finds, determines, and declares that the college savings program can enhance the availability of postsecondary educational opportunities for adults who are already in the workforce and therefore encourages adults to take advantage of the college savings program to further their own postsecondary educational opportunities and job retraining goals. (3) The general assembly further finds, determines, and declares that the establishment of a savings program that qualifies under section 529A of the internal revenue code will: (a) Assist individuals and families in saving money for the purpose of supporting individuals with disabilities in maintaining health, independence, and quality of life; and (b) Provide secure funding for disability-related expenses on behalf of designated beneficiaries with disabilities that will supplement, but not supplant, benefits provided through private insurance, the medicaid program under Title XIX of the "Social Security Act", the supplemental security income program under Title XVI of the "Social Security Act", the beneficiary's employment, and other sources. Source: L. 99: Entire part added, p. 454, § 1, effective July 1. L. 2000: Entire part amended, p. 1287, § 16, effective May 26. L. 2004: Entire section amended, p. 573, § 25, effective July 1. L. 2010: Entire section amended, (SB 10-202), ch. 396, p. 1881, § 1, effective June 9. L. 2015: (3) added, (HB 15-1359), ch. 269, p. 1047, § 2, effective June 3. 23-3.1-302. Definitions. As used in this part 3, unless the context otherwise requires: (1) "ABLE" means achieving a better life experience, as used in the federal "Stephen Beck, Jr., Achieving a Better Life Experience Act of 2014", division B, Pub.L. 113-295, as that act amends the federal "Internal Revenue Code of 1986", as amended, to add section 529A and other federal laws. Colorado Revised Statutes 2019 Page 124 of 673 Uncertified Printout (1.5) "ABLE savings program" means the savings program established under this part 3 pursuant to section 529A of the internal revenue code. (1.6) "Account" means an individual trust account or savings account established pursuant to this part 3. (2) "Account owner" means the person designated as the account owner pursuant to section 529 or 529A of the internal revenue code, whichever is applicable. (2.5) "Adult learner" means an account owner under the college savings program who is also the account beneficiary and who opens an account in pursuit of his or her own postsecondary educational opportunities and job retraining goals. (3) "Authority" means collegeinvest, transferred to the department of higher education and existing as a division of that department pursuant to section 23-3.1-203. (3.5) "College savings program" means the college savings program established under this part 3 pursuant to section 529 of the internal revenue code. (4) "Designated beneficiary" or "beneficiary" means, with respect to an account, the person designated at the time the account is opened, or the person who replaces a designated beneficiary, as the person whose qualified higher education expenses or qualified disability expenses are expected to be paid from the account. (5) "Eligible educational institution" has the same meaning as that term is defined in section 529 of the internal revenue code. (5.5) "Executive director" means the executive director of the department of higher education. (5.7) "Federal ABLE act" means the "Stephen Beck, Jr., Achieving a Better Life Experience Act of 2014", division B, Pub.L. 113-295, and any amendments to the act. (6) "Financial institution" means any state bank, state trust company, savings and loan association, credit union chartered by the state of Colorado, national bank, broker-dealer, mutual fund, insurance company, or other similar financial entity qualified to do business in the state of Colorado. (7) "Internal revenue code" means the federal "Internal Revenue Code of 1986", as amended, and regulations implementing the code. (8) "Manager" means a financial institution under contract with the authority to serve as an administrator of the program and recipient of contributions on behalf of the program. (9) "Member of the family" has the same meaning as that term is defined in section 529 or 529A of the internal revenue code, whichever is applicable. (10) "Nonqualified withdrawal" means a withdrawal from an account other than a qualified withdrawal. (11) "Program" means the college savings program or the ABLE savings program established pursuant to this part 3, as applicable. (11.5) "Qualified disability expenses" has the same meaning as that term is defined in section 529A of the internal revenue code. (12) "Qualified higher education expenses" has the same meaning as that term is defined in section 529 of the internal revenue code. (13) "Qualified withdrawal" means a withdrawal from an account, to pay any qualified expenses of the designated beneficiary of the account, a withdrawal made on account of the death or disability of the designated beneficiary, or a withdrawal made on account of a Colorado Revised Statutes 2019 Page 125 of 673 Uncertified Printout scholarship, but only if the withdrawal is made in accordance with section 529 or 529A of the internal revenue code, whichever is applicable. (14) "Savings contract" means an agreement entered into by the authority and an account owner to participate and establish an account in the program. (15) "Savings trust fund" means the trust for either the college savings program or the trust for the ABLE savings program, consisting of the accounts for that program. Source: L. 99: Entire part added, p. 454, § 1, effective July 1. L. 2000: Entire part amended, p. 1287, § 16, effective May 26. L. 2004: (3) amended, p. 574, § 26, effective July 1. L. 2010: (2.5) added and (4) amended, (SB 10-202), ch. 396, p. 1881, § 2, effective June 9. L. 2013: (6) amended, (SB 13-154), ch. 282, p. 1487, § 66, effective July 1. L. 2015: Entire section amended, (HB 15-1359), ch. 269, p. 1047, § 3, effective June 3. 23-3.1-303. Department - purpose - powers - duties. (1) (Deleted by amendment, L. 2000, p. 1288, § 16, effective May 26, 2000.) Source: L. 99: Entire part added, p. 456, § 1, effective July 1. L. 2000: Entire part amended, p. 1288, § 16, effective May 26. 23-3.1-304. Authority - purpose - powers - duties. (1) In addition to any other powers or duties specifically granted to the authority in part 2 of this article and in this part 3 the authority shall, as applicable to the respective program: (a) Develop and implement the college savings program and the ABLE savings program in a manner consistent with this part 3 and with sections 529 and 529A of the internal revenue code, whichever is applicable, through the adoption of guidelines and procedures; (b) Select the financial institution or institutions, and enter into a contract with said institution or institutions to serve as managers and to invest the contributions deposited into the accounts; (c) Establish rules regarding withdrawal of funds, which rules shall include provisions that will enable the authority or the manager to determine if a withdrawal is a nonqualified withdrawal or a qualified withdrawal; (d) (Deleted by amendment, L. 2000, p. 1288, § 16, effective May 26, 2000.) (e) Seek rulings and other guidance from the United States department of the treasury, the internal revenue service, and the securities and exchange commission relating to the program as is necessary for proper implementation and development of the program; (f) Make changes to the program required in order for account owners and beneficiaries and the program to obtain or maintain federal income tax benefits or treatment provided by section 529 or 529A of the internal revenue code, whichever is applicable, and exemptions under federal securities laws; (g) When establishing policies, guidelines, and procedures, interpret the provisions of this part 3 broadly in light of the purpose and objectives set forth in this part 3; (h) Charge, impose, and collect administrative fees and service charges in connection with any agreement, contract, or transaction relating to the program in amounts not exceeding the cost of establishing and administering the program, including the funding of scholarships and other grants; Colorado Revised Statutes 2019 Page 126 of 673 Uncertified Printout (i) Approve the application and review, for purposes of compliance with applicable laws and regulations, any informational materials utilized by the manager to be furnished to persons who desire to participate in a program established in this part 3; (j) and (k) Repealed. (l) Require that every contract, application, deposit slip, or other similar document that may be used in connection with a contribution to an account clearly indicate that the account is not insured by this state and neither the principal deposited nor the investment return is guaranteed by the state; (m) Make and execute savings contracts with account owners; (n) Develop and implement a plan to promote the use of accounts in the college savings program by adult learners; (o) Develop and implement procedures to allow an employer to make a matching contribution to an adult learner's account for any contribution made by the adult learner; except that any employer matching contribution shall be subtracted from federal taxable income pursuant to section 39-22-104 (4)(o), C.R.S., to the extent that the contribution is included in federal taxable income; (p) Develop procedures to provide college planning and preparation for adult learners through the state-provided, free resource commonly referred to as "college in Colorado"; (q) Develop procedures for coordinating with the department of labor and employment to make information regarding accounts for adult learners available to potential participants; (r) Do all things necessary and convenient to carry out the purposes of this part 3. (2) Notwithstanding the restrictions in section 23-3.1-216, the authority is hereby authorized to contract with one or more financial institutions pursuant to section 23-3.1-305 to act as managers for the investment of contributions related to this program in stocks, bonds, mutual funds, and other such investments as deemed appropriate by the authority. In so doing, the authority shall be bound by the fiduciary duty described in section 15-1-304, C.R.S., and shall assure that investments by the managers are made with judgment and care that persons of prudence, discretion, and intelligence exercise in the management of the property of another, not in regard to speculation but in regard to the permanent disposition of funds, considering the probable income as well as the probable safety of capital. The funds contributed to the accounts established by account owners pursuant to this section are held in trust by the authority and the manager for the sole benefit of the account owner and beneficiary. These contributions are not subject to any limitations on the investment of public funds and are not subject to section 20 of article X of the state constitution, which limits fiscal year spending of state government and other districts. Source: L. 99: Entire part added, p. 456, § 1, effective July 1. L. 2000: Entire part amended, p. 1288, § 16, effective May 26. L. 2008: IP(1) and (1)(h) amended, p. 207, § 7, effective August 5. L. 2010: (1)(n) amended and (1)(o), (1)(p), (1)(q), and (1)(r) added, (SB 10202), ch. 396, p. 1882, § 3, effective June 9. L. 2015: IP(1), (1)(a), (1)(f), (1)(i), (1)(m), and (1)(n) amended and (1)(j) and (1)(k) repealed, (HB 15-1359), ch. 269, p. 1049, § 4, effective June 3. 23-3.1-305. Financial institutions - managers - purpose - selection - requirements contracts. (1) The authority shall implement the program through the use of one or more Colorado Revised Statutes 2019 Page 127 of 673 Uncertified Printout financial institutions to act as managers. Under the program, potential account owners may establish accounts through the program at the financial institution. (2) The authority shall solicit proposals from financial institutions to act as the recipients of contributions and managers. (3) The authority shall select from among bidding financial institutions one or more financial institutions that demonstrate the most advantageous combination to account owners and beneficiaries, based on the following factors: (a) Financial stability and integrity; (b) The ability of the financial institution, directly or through a subcontract, to satisfy record-keeping and reporting requirements; (c) The financial institution's plan for promoting the program and the investment that the financial institution is willing to make in order to promote the program; (d) Repealed. (e) The fees, if any, proposed to be charged to account owners for maintaining accounts; (f) The minimum initial cash contribution and minimum contributions that the financial institution will require, and the willingness of the financial institution to accept contributions through payroll deduction plans or systematic deposit plans; and (g) Any other benefits to the state or to its residents, included in the proposal, including an account opening fee payable to the authority by the account owner. (4) The authority shall contract with one or more financial institutions, in accordance with subsection (5) of this section, to serve as managers and to invest the contributions to accounts. On May 26, 2000, the effective date of Senate Bill 00-164, as enacted at the second regular session of the sixty-second general assembly, pursuant to section 23-3.1-205.3, the authority shall succeed to all rights and obligations under any such existing contracts. (5) The authority may select more than one financial institution for the program unless the United States internal revenue service provides guidance that giving a contributor a choice of two or more financial institutions will cause the program to fail to qualify for favorable tax treatment under section 529 or 529A of the internal revenue code, whichever is applicable, and the authority concludes that the choice of two or more financial institutions is in the best interest of account owners and beneficiaries and will not interfere with the promotion of the program. (5.5) The authority may select a financial institution pursuant to subsection (3) of this section without regard to the provisions of the "Procurement Code", articles 101 to 112 of title 24, C.R.S. (6) A manager shall: (a) Take all actions required to keep the program in compliance with the requirements of this part 3 and to ensure that the program is treated as a qualified state tuition plan under section 529 of the internal revenue code or a qualified ABLE savings program under section 529A of the internal revenue code, whichever is applicable, and to ensure that the program is exempt from registration under the federal securities law; (b) Keep adequate and separate records of each account and provide the authority with the information necessary to prepare the reports required by section 529 or 529A of the internal revenue code, whichever is applicable, or file these reports on behalf of the authority; (c) Compile and total information contained in statements required to be prepared pursuant to section 23-3.1-306 (16) and (17) and provide these compilations to the authority; Colorado Revised Statutes 2019 Page 128 of 673 Uncertified Printout (d) Provide representatives of the authority access to the books and records of the manager to the extent needed to determine compliance with the contract; (e) Hold all accounts in trust for the sole benefit of the account owner and beneficiary on behalf of the program, acting in a fiduciary capacity and making investments with judgment, care, and prudence as described in section 15-1-304, C.R.S.; and (f) Develop a plan to promote the program and, after approval of such plan by the authority, promote the program in accordance with the plan. (7) Any contract executed between the authority and a financial institution pursuant to this section shall be for a term of at least five years and may be renewable. (8) If a contract executed between the authority and a financial institution pursuant to this section is not renewed, all of the following conditions shall apply at the end of the term of the nonrenewed contract, so long as applying these conditions does not disqualify the program as a qualified state tuition plan under section 529 of the internal revenue code or a qualified ABLE savings program under section 529A of the internal revenue code, whichever is applicable: (a) The authority shall continue to maintain the program at the financial institution; (b) Accounts previously established at the financial institution shall not be terminated, except as provided in paragraph (e) of this subsection (8) or as provided in subsection (9) of this section; (c) Additional contributions may be made to the accounts; (d) No new accounts may be placed with that financial institution; and (e) If the authority determines that continuing the accounts at the financial institution is not in the best interest of the account owners, or if the financial institution has elected not to renew the contract, the accounts may be transferred to another financial institution under contract with the authority. (9) The authority may terminate a contract with a financial institution at any time. If a contract is terminated pursuant to this subsection (9), the authority shall take custody of accounts held at that financial institution and shall seek to promptly transfer the accounts to another financial institution that is selected as a manager and into investment instruments as similar to the original investments as possible pursuant to the guidelines established in section 23-3.1-306 (13). The authority may select the successor financial institution without regard to the provisions of the "Procurement Code", articles 101 to 112 of title 24, C.R.S. (10) With respect to the college savings program, the authority shall work with the managers of the program in place on June 9, 2010, and any future managers to determine the most effective savings options offered by the managers for account owners who are adult learners. Each manager of the program that promotes the program pursuant to paragraph (f) of subsection (6) of this section shall develop and implement a plan to expand the promotion of the program to encourage adult learners to participate in the program in pursuit of their own postsecondary educational opportunities and job retraining goals. Source: L. 99: Entire part added, p. 457, § 1, effective July 1. L. 2000: Entire part amended, p. 1290, § 16, effective May 26. L. 2008: (8)(e) amended, p. 207, § 8, effective August 5. L. 2010: (10) added, (SB 10-202), ch. 396, p. 1882, § 4, effective June 9. L. 2015: (3)(d) repealed and (5), (6)(a), (6)(b), IP(8), and (10) amended; (HB 15-1359), ch. 269, p. 1050, § 5, effective June 3. Colorado Revised Statutes 2019 Page 129 of 673 Uncertified Printout 23-3.1-306. Accounts - contributions - withdrawals - penalties - statements. (1) The program shall be operated through the use of accounts. A person may open an account by satisfying each of the following requirements: (a) Completing an application in the form prescribed by the financial institution and approved by the authority, and in accordance with the provisions of section 529 or 529A of the internal revenue code, whichever is applicable. At a minimum, said application shall include the following information: (I) The name, address, and social security number or employer identification number of any person that contributes to the account; (II) The name, address, and social security number or employer identification number of the account owner; (III) The name, address, social security number or employer identification number, and date of birth of the designated beneficiary; (III.5) For the ABLE savings program, a disability certificate and other documentation as required pursuant to section 529A of the internal revenue code; and (IV) Repealed. (V) Any other information that the authority may deem necessary. (b) Making the minimum contribution required by the financial institution to open an account. (2) Any person may make contributions to an account, consistent with the terms established by the authority, after the account is opened. (3) Contributions to accounts shall be made in cash only, unless otherwise permitted pursuant to section 529 or 529A of the internal revenue code. (4) Account owners may withdraw all or part of the balance from an account upon giving sixty days' notice, or upon such shorter period as may be authorized by the authority pursuant to rules established by the authority, including any applicable fees and penalties. (5) An account owner may change the designated beneficiary of an account in accordance with the provisions of section 529 or 529A of the internal revenue code, whichever is applicable, and the procedures established by the authority. (6) At the direction of the account owner, all or a portion of an account may be transferred to another account or rolled over in accordance with the provisions of section 529 or 529A of the internal revenue code, whichever is applicable, and the procedures established by the authority. (7) to (9) Repealed. (10) Each account shall be accounted for separately from all other accounts under the program. (11) Separate records and accounting shall be maintained for each account for each designated beneficiary. (12) To the extent permitted by federal law, a contributor to, an account owner of, or a designated beneficiary of any account may direct the investment of any contribution to an account or the earnings from the account. (13) If the authority terminates the contract of a financial institution to hold accounts and accounts must be moved from that financial institution to another financial institution, the authority shall select the financial institution to which the balances of the accounts are moved. Colorado Revised Statutes 2019 Page 130 of 673 Uncertified Printout (14) Neither an account owner nor a designated beneficiary may use an interest in an account as a security for a loan. Any pledge of an interest in an account is of no force and effect. (15) If there is any distribution from an account to any person or for the benefit of any person during the calendar year, the distribution shall be reported to the internal revenue service and to the account owner or the designated beneficiary to the extent required by federal law. (16) The financial institution shall provide statements to each account owner at least once each year. (17) Statements and information returns relating to accounts shall be prepared and filed to the extent required by federal or state tax law. Source: L. 99: Entire part added, p. 460, § 1, effective July 1. L. 2000: Entire part amended, p. 1292, § 16, effective May 26. L. 2010: IP(1) amended, (SB 10-202), ch. 396, p. 1883, § 5, effective June 9. L. 2015: IP(1), IP(1)(a), (3), (5), (6), (12), and (16) amended, (1)(a)(III.5) added, and (1)(a)(IV), (7), (8), and (9) repealed, (HB 15-1359), ch. 269, p. 1051, § 6, effective June 3. 23-3.1-306.5. College kickstarter account program - funding - administration financial literacy course - rules - legislative declaration - definitions. (1) (a) The general assembly hereby finds and declares that: (I) Empirical evidence gathered over the last several years documents the potential of college savings accounts to expand educational and economic opportunity, especially for lowand moderate-income families; (II) College savings accounts improve early child development and future financial capability because: (A) Children who receive a college savings account at birth score better on socioemotional development indicators than children who do not receive a college savings account; (B) Families with children who receive a seeded college savings account at birth save significantly more for college than families of children who do not receive such an account; and (C) Compared to children without savings, children with savings accumulate significantly more savings as adults; (III) Having a college savings account increases a child's expectation of going to college, and, among children aged twelve to eighteen, those who have a college savings account are twice as likely to expect to go to college as those who do not have a college savings account because college savings accounts promote the importance of higher education and make the future feel more proximate for children; (IV) Children who have college savings do better academically, and even a small amount of college savings can substantially increase college enrollment and graduation, especially for low- and moderate-income children, as such children with five hundred dollars or less in savings were three times more likely to enroll in college and four times more likely to graduate than children with no savings; and (V) Providing seed money for each child born in Colorado as an incentive to enroll in a college savings account helps make saving for college part of the collective culture of Colorado by opening the door for economic opportunity for all children and their families, better positions the state as a pioneer in building family financial capability, and promotes the development of a stronger, more qualified Colorado workforce. Colorado Revised Statutes 2019 Page 131 of 673 Uncertified Printout (b) The general assembly further finds and declares that establishing the college kickstarter account program, which provides both an initial contribution of money for every child born in Colorado that may be claimed and transferred to a college savings account and subsequently supplemented by parental and family contributions and a potential opportunity for financial literacy education free of charge: (I) Creates a public-private partnership and state-level plan aimed at transforming the college aspirations and attendance of thousands of Colorado children; and (II) Provides a promising means of increasing academic performance and self-esteem in a child's early years and college enrollment and degree attainment in the long term. (2) As used in this section, unless the context otherwise requires: (a) "Eligible child" means a child born or adopted in Colorado on or after January 1, 2020, but before January 1, 2040. (b) "Fund" means the college kickstarter account program fund created in subsection (8)(a) of this section. (c) "Inflation" means the annual percentage change in the United States department of labor, bureau of labor statistics, consumer price index for Denver-Aurora-Lakewood for all items and all urban consumers, or its successor index. (d) "Kickstarter funding" means an amount in the master account designated for each eligible child by the authority, which the parent or parents of the eligible child can claim on behalf of the eligible child by opening an account for the eligible child, as follows: (I) One hundred dollars for each eligible child born before January 1, 2021; or (II) One hundred dollars, annually adjusted for inflation for each year beginning on or after January 1, 2021, for each eligible child born on or after January 1, 2021. (e) "Kickstarter program" means the college kickstarter account program created in subsection (3) of this section. (f) "Master account" means the account established by the authority as required by subsection (4) of this section. (g) "Parent or parents" means each individual identified on the birth certificate as the mother or father of a child or, if the child is adopted, identified on the report of adoption forwarded to the state registrar as required by section 25-2-107 (1), or, if no such person is the legal guardian of a child, the legal guardian of the child. (3) Except as otherwise provided in subsection (5) of this section, the authority shall oversee and administer the college kickstarter account program, which is created within the authority. The department shall create an advisory board, which shall include, at a minimum, the state treasurer or the state treasurer's designee and both an employee of the department who is not an employee of the authority and an employee of the authority, to advise the authority regarding the oversight and administration of the kickstarter program. The advisory board is subject to the open meetings provisions of the Colorado sunshine law contained in part 4 of article 6 of title 24 and the "Colorado Open Records Act", article 72 of title 24. (4) (a) The authority shall create a kickstarter program master account. By increasing available revenue, without reducing existing levels of scholarship or matching grant funding, the authority shall annually deposit to the master account for state fiscal year 2019-20 and for each succeeding state fiscal year thereafter through state fiscal year 2044-45 the amount needed to ensure that there is sufficient money in the master account to make all transfers of kickstarter funding from the master account to accounts that name an eligible child as the beneficiary Colorado Revised Statutes 2019 Page 132 of 673 Uncertified Printout required by subsection (4)(b) of this section during the state fiscal year for which the transfer is made. Notwithstanding any other law, the amounts to be transferred shall be taken from money of the authority that is available for use by the authority for the Colorado collegeinvest scholarship program created in section 23-3.1-206.9 (1) or for the authority's matching grant program. (b) The authority shall designate kickstarter funding in the master account for each eligible child upon receiving notice of the birth or adoption of the eligible child from the office of the state registrar of vital statistics in the department of public health and environment, created in section 25-2-103 (1), as required by section 25-2-112 (8). The authority shall initially invest the kickstarter funding in its stable value plus plan or any successor plan that has a similar investment strategy. If the parent or parents of an eligible child open an account, which they may do without making any additional contribution, that names the child as the beneficiary within five years of the date of the eligible child's birth or adoption, the authority shall transfer the kickstarter funding designated for the eligible child and any associated interest from the master account to the eligible child's account. If the parent or parents of an eligible child do not open an account that names the eligible child as a beneficiary within five years of the eligible child's birth or adoption, any money in the master account that was designated for the eligible child remains in the master account and may be designated for another eligible child. Kickstarter funding and any associated interest, whether it is designated for an eligible child in the master account or in an account that names an eligible child as the beneficiary, is excluded from the income of the eligible child and the parent or parents of the eligible child for purposes of determining eligibility or benefits amounts for any state-funded program. (c) The authority, in consultation with the advisory board created in subsection (3) of this section, shall develop and, no later than November 1, 2019, obtain the approval of the department to implement, directly or through a contractor, a comprehensive and robust marketing and outreach plan to make the parent or parents of each eligible child aware of the kickstarter program and encourage them to claim the kickstarter funding designated for their eligible child by enrolling in an account. The marketing and outreach plan shall include multiple strategies, including grants to appropriate community-based nonprofit organizations, to specifically target low- and middle-income families who may be less likely than wealthier families to already be aware of the authority and the availability of accounts. Upon making initial contact with the parent or parents of an eligible child, the authority or its contractor shall: (I) Educate the parent or parents as to how to claim the designated kickstarter funding for their eligible child by enrolling in an account, make future contributions to the account, choose from available fund options for the investment of the account, and contact the authority regarding questions concerning the account; (II) Advise the parent or parents of the opportunity to take any financial literacy education program provided by the state treasurer as authorized in subsection (5) of this section; and (III) Provide a simple enrollment process and call center support. (d) Subject to annual appropriation by the general assembly with respect to any money in the master account that is not custodial money obtained through gifts, grants, or donations only, the authority may expend any money in the master account that is not kickstarter funding or associated interest and is not anticipated to be needed for future designation as kickstarter funding to defray the costs of developing, implementing, marketing, and administering the Colorado Revised Statutes 2019 Page 133 of 673 Uncertified Printout kickstarter program in compliance with all applicable federal and state laws, rules, and regulations. (5) If, in the sole discretion of the state treasurer, adequate gifts, grants, and donations are received, the kickstarter program may include a free program for financial literacy education for eligible children and their parent or parents and other family members. The state treasurer shall develop and administer any program for financial literacy education included in the kickstarter program. (6) The authority shall conduct an ongoing summative evaluation to collect summative data to evaluate the kickstarter program's effectiveness over time. The authority shall prepare, present to the committees of reference of the general assembly to which the department is assigned pursuant to section 2-7-203 (1), and conspicuously post on its website an annual written report on the results of the ongoing summative evaluation, which report shall include, at a minimum: (a) A descriptive and evaluative summary of the marketing and outreach plan for the kickstarter program developed and implemented as required by subsection (4)(c) of this section, including a description of the strategies used and an assessment of the successes and failures of the plan generally and of the individual strategies used; and (b) Statistical summaries of the usage of the kickstarter program both for the past calendar year and for the life of the program that include: (I) The number of eligible children born or adopted; (II) The number of eligible children, and the percentage of all eligible children, for whom the parent or parents claimed kickstarter funding by opening accounts; (III) The number of families who had not opened an account for any of their children before January 1, 2020, who opened an account for an eligible child or for any of their other children on or after January 1, 2020, and the total number of accounts opened by such families; (IV) To the extent that such information is available, the number of accounts opened for both eligible children and other children by low-income, middle-income, and high-income families; (V) The number of accounts opened for both eligible children and other children, and the percentage of all accounts opened for both eligible children and for other children, in each county; and (VI) The number and percentage of all families claiming kickstarter funding for an eligible child by opening an account: (A) Who did not make additional contributions to the account; and (B) Who did, or for whom others did, make additional contributions to the account. (7) The kickstarter program is intended to be a public-private partnership, with the authority designating kickstarter funding for each eligible child within the master account and transferring the kickstarter funding into an individual college savings account for each eligible child when the parent or parents of the eligible child claim the kickstarter funding by opening the account and the state treasurer working with a private partner to develop a free program of financial literacy education for eligible children and their parent or parents and other family members. The state treasurer may seek to enter into agreements with private foundations or other entities to fund, develop, and implement the financial literacy education program component of the kickstarter program, and the authority may seek to enter into agreements with such private foundations or other entities to provide additional funding for the kickstarter program. Colorado Revised Statutes 2019 Page 134 of 673 Uncertified Printout (8) (a) The college kickstarter account program fund is created in the state treasury. The fund consists of gifts, grants, and donations credited to the fund pursuant to this section. (b) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund. (c) The authority may expend money from the fund for any kickstarter program purpose, and the state treasurer may expend money from the fund for the purpose of developing and implementing a free program of financial literacy education for eligible children and their parent or parents and other family members as authorized in subsection (5) of this section. (d) The state treasurer, the department, and the authority may seek and accept gifts, grants, or donations from private or public sources for the purposes of this section. The receiving entity shall transmit all money received through gifts, grants, or donations to the state treasurer, who shall credit the money to the fund. (9) The authority may adopt rules that it deems necessary for the implementation and administration of the kickstarter program. Source: L. 2019: Entire section added, (HB 19-1280), ch. 158, p. 1874, § 1, effective August 2. 23-3.1-307. Limitations. (1) Nothing in this part 3 shall be construed to: (a) Give any designated beneficiary any rights or legal interest with respect to an account unless the designated beneficiary is the account owner; (b) Guarantee that a designated beneficiary will be admitted to an education institution or be allowed to continue enrollment at or graduate from an education institution; (c) Establish state residency for a beneficiary merely because of the designation as a beneficiary; or (d) Guarantee that amounts saved pursuant to the program will be sufficient to cover the qualified higher education expenses or qualified disability expenses of a designated beneficiary, as applicable. (2) Nothing in this part 3 shall establish any obligation of the state of Colorado or any agency or instrumentality of the state of Colorado to guarantee for the benefit of any account owner, contributor to an account, or designated beneficiary any of the following: (a) The return of any amounts contributed to an account; (b) The rate of interest or other return on any account; (c) The payment of interest or other return on any account; or (d) Tuition rates or the cost of any qualified expenditures. (3) Nothing in this part 3 shall be construed to indicate that the account is insured by the state of Colorado or that the principal deposited or investment return is guaranteed by the state of Colorado. (3.5) Nothing in this part 3 shall be construed to create an indebtedness, a debt, or a liability of the state, nor shall the state be liable on the savings contracts, except to the extent of the amounts on deposit in the accounts, nor shall a savings contract constitute the giving, pledging, or loaning of the full faith and credit of the state. (4) (Deleted by amendment, L. 2000, p.1294, § 16, effective May 26, 2000.) Colorado Revised Statutes 2019 Page 135 of 673 Uncertified Printout Source: L. 99: Entire part added, p. 462, § 1, effective July 1; (4) amended, p. 223, § 3, effective March 29. L. 2000: (4) amended, p. 223, § 3, effective March 28; entire part amended, p. 1294, § 16, effective May 26. L. 2015: (1)(d), IP(2), and (2)(d) amended, (HB 15-1359), ch. 269, p. 1053, § 7, effective June 3. Editor's note: Amendments to this section in Senate Bill 00-164 and House Bill 00-1276 were harmonized. 23-3.1-307.1. Personal liability. Neither the members of the board, employees or agents of the authority, nor any person executing savings contracts shall be liable personally on savings contracts or be subject to any personal liability or accountability as a result of the program. Source: L. 2000: Entire part amended, p. 1295, § 16, effective May 26. L. 2004: Entire section amended, p. 574, § 27, effective July 1. L. 2015: Entire section amended, (HB 15-1359), ch. 269, p. 1053, § 8, effective June 3. 23-3.1-307.3. Proceeds as trust funds. Except as otherwise provided in this part 3, all moneys received pursuant to this part 3, including moneys received under savings contracts, shall be deemed to be trust funds to be held and applied solely as provided in this part 3. Any officer, bank, or trust company with which such moneys are deposited shall act as trustee of such moneys and shall hold and apply the same for the purposes of this part 3, subject to such policies and guidelines as the authority and the resolution authorizing the bonds, notes, or other obligations of any issue or the trust agreement securing such obligations provides. Source: L. 2000: Entire part amended, p. 1295, § 16, effective May 26. 23-3.1-307.4. Claims of creditors - exemption. Except as provided pursuant to section 529A of the internal revenue code, moneys credited to or expended from the savings trust fund by or on behalf of an account owner, depositor, or designated beneficiary of a savings contract made under this part 3, which contract has not been terminated, are exempt from all claims of creditors of the account owner, depositor, designated beneficiary, or the authority. Source: L. 2000: Entire part amended, p. 1295, § 16, effective May 26. L. 2015: Entire section amended, (HB 15-1359), ch. 269, p. 1053, § 9, effective June 3. 23-3.1-307.5. Confidentiality of records. (1) Except as otherwise provided in this section or pursuant to federal law, all data, information, and records relating to the college savings program and the ABLE savings program are public records and are subject to inspection pursuant to the provisions of part 2 of article 72 of title 24, C.R.S. (2) The following data, information, and records relating to the college savings program and the ABLE savings program shall be kept confidential by the authority, and the authority shall deny the right of access to or inspection of such data, information, and records except as provided in subsection (3) of this section: (a) Data, information and records relating to designated beneficiaries and contributors to an individual trust account or savings account including any records that reveal personally Colorado Revised Statutes 2019 Page 136 of 673 Uncertified Printout identifiable information about such individuals; except that the authority may disclose such information to an account owner regarding his or her own account; (b) Trade secrets and proprietary information regarding software, including programs and source codes, utilized or owned by the authority; and (c) Marketing plans and the results of market surveys conducted by the authority. (3) Notwithstanding the provisions of subsection (2) of this section, the authority may disclose and may provide the right of access to or inspection of any data, information, or records to agents or representatives of professionals with whom the authority has contracted, to the department of revenue, or to the state treasurer, or to other third parties if the account owner and designated beneficiary have consented in writing to such disclosure. (4) No cause of action shall arise against a person for disclosing confidential information in violation of subsection (2) of this section unless the act or omission giving rise to the cause of action was intentional or grossly negligent. Source: L. 2000: Entire section added, p. 222, § 2, effective March 29; entire part amended, p. 1295, § 16, effective May 26. L. 2004: (3) amended, p. 574, § 28, effective July 1. L. 2015: (1) and IP(2) amended, (HB 15-1359), ch. 269, p. 1053, § 10, effective June 3. Editor's note: This section was added by House Bill 00-1276 and harmonized with Senate Bill 00-164. 23-3.1-307.9. Policies for promotion and disclosure of program information. (1) The authority shall design a policy related to the promotion of the program and a policy related to the disclosure of program-related information to account owners, depositors, and designated beneficiaries in a manner consistent with this part 3 and consistent with the requirements of section 529 or 529A of the internal revenue code, whichever is applicable, in order to require that: (a) Promotional material and program-related information disclose that no moneys invested in the program are insured by the state of Colorado and that neither the principal deposited nor the investment returned is guaranteed by the state of Colorado; and (b) Any fees paid from moneys collected pursuant to this part 3 are disclosed in promotional material and program-related information provided to the public and to account owners, depositors, and designated beneficiaries. Source: L. 2000: Entire part amended, p. 1295, § 16, effective May 26. L. 2015: IP(1) and (1)(a) amended, (HB 15-1359), ch. 269, p. 1053, § 11, effective June 3. 23-3.1-308. Residency. Both Colorado resident and nonresident account owners and designated beneficiaries are eligible to participate in and benefit from the college savings program. Only Colorado resident account owners and beneficiaries, and account owners and beneficiaries who are residents in any state which contracts with the authority under section 233.1-311, are eligible to participate in and benefit from the ABLE savings program, unless otherwise provided under section 529A of the internal revenue code. Colorado Revised Statutes 2019 Page 137 of 673 Uncertified Printout Source: L. 99: Entire part added, p. 463, § 1, effective July 1. L. 2000: Entire part amended, p. 1296, § 16, effective May 26. L. 2015: Entire section amended, (HB 15-1359), ch. 269, p. 1054, § 12, effective June 3. 23-3.1-309. Tax exemption. (1) Notwithstanding any other law to the contrary, the amount of any distribution to a designated beneficiary, as defined in section 529 (e)(1) of the internal revenue code, from a college savings program account established under this part 3 shall be exempt from state income taxation to the extent that this income is used to pay qualified higher education expenses of the designated beneficiary. (2) To the extent that distributions from an ABLE savings program account established pursuant to this part 3 to a designated beneficiary for qualified disability expenses are excluded from taxable income pursuant to section 529A of the internal revenue code, or any successor provision, such distributions are also excluded from state taxable income. Source: L. 99: Entire part added, p. 463, § 1, effective July 1. L. 2000: Entire part amended, p. 1296, § 16, effective May 26. L. 2015: Entire section amended, (HB 15-1359), ch. 269, p. 1054, § 13, effective June 3. 23-3.1-310. Job retraining cash fund - repeal. (Repealed) Source: L. 2010: Entire section added, (SB 10-202), ch. 396, p. 1883, § 6, effective June 9. Editor's note: Subsection (4) provided for the repeal of this section, effective July 1, 2013. (See L. 2010, p. 1883.) 23-3.1-311. Achieving a better life experience (ABLE) savings program establishment - authority - powers - duties. (1) The authority shall establish and implement the achieving a better life experience (ABLE) savings program in Colorado that complies with the federal ABLE act and section 529A of the internal revenue code, or any successor section, and regulations implementing that section to allow for an account owner to save for qualified disability expenses without disqualifying the account owner from certain federal benefits. The ABLE savings program shall be administered pursuant to the provisions of this part 3 that are consistent with section 529A of the internal revenue code. In addition to any other powers and duties specifically granted to the authority in this part 3 and in part 2 of this article, as applicable to the ABLE savings program, the authority shall: (a) Adopt any guidelines and procedures that are necessary to administer the ABLE savings program; (b) Make any necessary changes to the ABLE savings program to obtain or maintain federal income tax benefits or treatment provided by section 529A of the internal revenue code and exemptions under federal securities laws; (c) Operate the ABLE savings program through the use of accounts pursuant to the provisions of section 23-3.1-306 as they apply to the ABLE savings program; and Colorado Revised Statutes 2019 Page 138 of 673 Uncertified Printout (d) Implement the ABLE savings program through the use of one or more financial institutions to act as managers pursuant to the provisions of section 23-3.1-305 as they apply to the ABLE savings program. (2) For purposes of implementing the ABLE savings program, the authority may invest amounts on deposit in accounts established pursuant to this section with other accounts established in this part 3 that are qualified accounts pursuant to section 529 of the internal revenue code. (3) If permitted under federal law, the authority may: (a) Contract with a state that does not have a qualified ABLE savings program pursuant to section 529A of the internal revenue code to provide residents of that state access to Colorado's ABLE savings program; and (b) Contract with a state that has a qualified ABLE savings program to provide residents of Colorado access to that state's program. (4) Nothing in this article prevents the authority from complying with its duty to conform the program to federal requirements for a qualified ABLE savings program under section 529A of the internal revenue code. Source: L. 2015: Entire section added, (HB 15-1359), ch. 269, p. 1046, § 1, effective June 3. ARTICLE 3.3 Student Financial Assistance PART 1 GENERAL PROVISIONS 23-3.3-101. Definitions. As used in this article 3.3, unless the context otherwise requires: (1) "Commission" means the Colorado commission on higher education. (1.5) "Cost of attendance at a nonpublic institution of higher education" means: (a) Allowances specified by the commission for room and board and miscellaneous expenses, which shall be the same for nonpublic institutions of higher education as for a representative group of comparable state institutions, as determined by the commission; and (b) An allowance for tuition and fees equal to the lesser of: (I) The actual tuition and fees charged by the nonpublic institution of higher education; or (II) One hundred percent of the combination of actual in-state tuition and fees charged by a representative group of comparable state institutions plus the general fund moneys allocated to support such comparable state institutions. (2) "In-state student" means a student at an institution of higher education who meets the criteria established by article 7 of this title for classification as an in-state student at a state institution of higher education, but "in-state student" does not include a member of the armed forces of the United States or his dependents who are eligible to obtain in-state tuition status Colorado Revised Statutes 2019 Page 139 of 673 Uncertified Printout upon moving to Colorado on a permanent change-of-station basis until such individual meets the one-year domicile requirement of section 23-7-102 (5). (3) "Institution" means an educational institution operating in this state that meets all of the following: (a) Admits as regular students persons having a certification of graduation from a school providing secondary education or comparable qualifications and persons for enrollment in courses which they reasonably may be expected to complete successfully; (b) Is accredited by a nationally recognized accrediting agency or association and, in the case of private occupational schools, holds a regular certificate in accordance with the provisions of article 64 of this title 23; (c) (I) Provides an educational program for which it awards a bachelor's degree; (II) Provides not less than a two-year program which is acceptable for full credit towards such a degree; or (III) Provides not less than a six-month program of training to prepare students for gainful employment in a recognized occupation; (d) Is not a branch program of an institution of higher education whose principal campus and facilities are located outside this state. (3.5) "Nonpublic institution of higher education" shall have the same meaning as provided in section 23-3.7-102 (3). (3.7) "Professional degree in theology" means a certificate signifying a person's graduation from a degree program that is: (a) Devotional in nature or designed to induce religious faith; and (b) Offered by an institution as preparation for a career in the clergy. (4) "State institution" means an institution supported in whole or in part by general fund moneys. (5) "Undergraduate" refers to any program leading toward a bachelor's degree or associate degree or any nondegree program providing training for employment in a recognized occupation. Source: L. 79: Entire article added, p. 824, § 1, effective June 19. L. 81: (3)(b) amended, p. 852, § 27, effective July 1. L. 83: (2) and (3)(d) amended, p. 788, § 1, effective July 1. L. 86, 2nd Ex. Sess.: (2) amended, p. 60, § 3, effective August 15. L. 90: (1.5) and (3.5) added, p. 1145, § 2, effective May 17. L. 2009: (3)(d) amended and (3.7) added, (HB 09-1267), ch. 348, p. 1823, § 2, effective June 1. L. 2017: IP, IP(3), and (3)(b) amended, (HB 17-1239), ch. 261, p. 1205, § 12, effective August 9. Cross references: For the legislative declaration contained in the 1990 act amending this section, see section 1 of chapter 154, Session Laws of Colorado 1990. For the legislative declaration contained in the 2009 act amending subsection (3)(d) and adding subsection (3.7), see section 1 of chapter 348, Session Laws of Colorado 2009. 23-3.3-102. Assistance program authorized - procedure - audits. (1) The general assembly hereby authorizes the commission to establish a program of financial assistance, to be operated during any school sessions, including summer sessions for students attending institutions. Colorado Revised Statutes 2019 Page 140 of 673 Uncertified Printout (2) The commission shall determine, by guideline, the institutions eligible for participation in the program and shall annually determine the amount allocated to each institution. (3) Each state institution shall administer a financial assistance program according to policies and procedures established by the governing board of the institution. Each private institution of higher education, as defined in section 23-18-102 (9), that participates in the program of financial assistance established pursuant to this section shall administer a financial assistance program according to policies and procedures established by the governing board of the institution. Each participating nonpublic institution that is not a private institution of higher education shall administer a financial assistance program according to policies and procedures established by the commission. Each institution shall fund its assistance program using state moneys allocated to the institution and institutional moneys. (3.5) Notwithstanding any provision of this article to the contrary, each participating institution shall adopt policies and procedures to allow a person who meets the following criteria to qualify for financial assistance through the financial assistance programs established pursuant to this article: (a) The person qualifies as an in-state student; and (b) The person is enrolled at an institution that participates in the programs of financial assistance established pursuant to this article; and (c) The person is enrolled in an approved program of preparation, as defined in section 22-60.5-102 (8), C.R.S., for principals. (4) Program disbursements shall be handled by the institution subject to audit and review. (5) Upon commencement of participation in the program, no participating institution shall decrease the amount of its own funds spent for student aid below the amount so spent prior to participation in the program. (6) In determining the amount allocated to each institution that is not a state institution or a nonpublic institution of higher education, the commission shall consider only that portion of financial need which would have existed were the institution's tuition no greater than the highest in-state tuition rate charged by a comparable state institution. In determining the amount allocated to each nonpublic institution of higher education, the commission shall base its determination upon the cost of attendance at a nonpublic institution of higher education. (7) Each annual budget request submitted by the commission shall provide information on the proposed distribution of moneys among the programs developed under this article. Subsequent to final appropriation, the commission shall provide to the joint budget committee an allocation proposal specifically identifying the distributions among programs for the coming year. Expenditures in any program shall not exceed the allocation for that program by more than ten percent of such allocation, and the total appropriation for all student aid programs shall not be exceeded. The commission may require such reports from institutions as are necessary to fulfill the reporting requirements of this subsection (7) and to perform other administrative tasks. (8) The state auditor or his or her designee shall audit, in accordance with state statute and federal guidelines, the program at any participating institution every other year to review residency determinations, needs analyses, awards, payment procedures, and such other practices as may be necessary to ensure that the program is being properly administered, but the audit shall be limited to the administration of the program at the participating institution. The state Colorado Revised Statutes 2019 Page 141 of 673 Uncertified Printout auditor may accept an audit of the program from an institution that is not a state institution from such institution's independent auditor. The cost of conducting audits of the program at an institution that is not a state institution shall be borne by such institution. (9) Repealed. Source: L. 79: Entire article added, p. 825, § 1, effective June 19. L. 81: (4) amended, p. 341, § 6, effective March 27. L. 83: Entire section R&RE, p. 788, § 2, effective July 1. L. 90: (4), (6), and (8) amended and (9) added, p. 1146, § 3, effective May 17. L. 96: (9) repealed, p. 1238, § 84, effective August 7. L. 99: (7) amended, p. 850, § 4, effective May 24. L. 2003: (6) amended, p. 913, § 17, effective August 6. L. 2006: (3.5) added, p. 1245, § 9, effective May 26; (8) amended, p. 1495, § 29, effective June 1. L. 2010: (2), (3), IP(3.5), (4), and (8) amended, (SB 10-003), ch. 391, p. 1845, § 19, effective June 9. Cross references: For the legislative declaration contained in the 1990 act amending this section, see section 1 of chapter 154, Session Laws of Colorado 1990. For the legislative declaration contained in the 1996 act amending this section, see section 1 of chapter 237, Session Laws of Colorado 1996. For the legislative declaration in the 2010 act amending subsections (2), (3), IP(3.5), (4), and (8), see section 1 of chapter 391, Session Laws of Colorado 2010. 23-3.3-103. Annual appropriations - repeal. (1) The annual appropriations for student financial assistance under this article shall increase by at least the same percentage as the aggregate percentage increase of all general fund appropriations to institutions of higher education. Nothing in this section shall be construed to limit or impair the authority of the Colorado commission on higher education under section 23-1-105. (2) The provisions of subsection (1) of this section concerning appropriations for student financial assistance under this article shall not apply to said appropriations for the 2010-11 fiscal year. (3) The provisions of subsection (1) of this section concerning appropriations for student financial assistance under this article shall not apply to appropriations made pursuant to the "Inclusive Higher Education Act", article 75 of this title. (4) (a) The provisions of subsection (1) of this section concerning appropriations for student financial assistance under this article 3.3 shall not apply to appropriations made for the purpose of the working group for the transfer of apprenticeship credit to college credit pursuant to part 11 of article 60 of this title 23. (b) This subsection (4) is repealed, effective July 1, 2020. (5) The provisions of subsection (1) of this section concerning appropriations for student financial assistance under this article 3.3 shall not apply to appropriations made to the forest restoration and wildfire risk mitigation grant program cash fund created in section 23-31-301 (8.5)(a). (6) (a) The provisions of subsection (1) of this section concerning appropriations for student financial assistance under this article 3.3 do not apply to appropriations made for the purpose of the Colorado food systems advisory council pursuant to part 11 of article 31 of this title 23. (b) This subsection (6) is repealed, effective July 1, 2020. Colorado Revised Statutes 2019 Page 142 of 673 Uncertified Printout (7) The provisions of subsection (1) of this section concerning appropriations for student financial assistance under this article do not apply to appropriations made pursuant to sections 23-18-308 (1)(f) and 23-60-202.7 to the state board for community colleges and occupational education to provide services to maximize concurrent enrollment across the community college system. (8) The provisions of subsection (1) of this section concerning appropriations for student financial assistance under this article 3.3 shall not apply to appropriations made for the purpose of providing a fee-for-service contract to provide public access to the Colorado ownership, management, and protection (COMaP) service pursuant to section 23-18-308 (1)(d). This subsection (8) is repealed, effective July 1, 2020. Source: L. 89: Entire section added, p. 976, § 2, effective July 1, 1990. L. 2010: Entire section amended, (HB 10-1383), ch. 361, p. 1714, § 2, effective June 7. L. 2016: (3) added, (SB 16-196), ch. 226, p. 865, § 2, effective June 6. L. 2019: (4) added, (HB 19-1294), ch. 318, p. 2962, § 2, effective May 28; (5) added, (HB 19-1006), ch. 398, p. 3538, § 2, effective May 31; (6) added, (HB 19-1202), ch. 403, p. 3573, § 3, effective May 31; (8) added, (HB 19-1264), ch. 420, p. 3680, § 9, effective June 30; (7) added, (SB 19-176), ch. 244, p. 2390, § 11, effective August 2. 23-3.3-104. Assistance to professional theology students prohibited. (1) The policies and procedures established by the commission pursuant to section 23-3.3-102 (3) shall include: (a) A prohibition against the awarding of any financial assistance pursuant to this article to a student who is pursuing a professional degree in theology; except that the prohibition described in this section shall not apply to financial assistance that is awarded to a student from a federal program, including but not limited to Title IV of the federal "Higher Education Act of 1965", 20 U.S.C. sec. 1070, as amended; and (b) A requirement that an institution or nonpublic institution of higher education that seeks to award financial assistance to a student pursuant to this article certify that the student is not pursuing a professional degree in theology. Source: L. 2009: Entire section added, (HB 09-1267), ch. 348, p. 1823, § 3, effective June 1. Cross references: For the legislative declaration contained in the 2009 act adding this section, see section 1 of chapter 348, Session Laws of Colorado 2009. PART 2 TUITION ASSISTANCE 23-3.3-201. Definitions. As used in this part 2, unless the context otherwise requires: (1) "Dependent" means: (a) Any natural child born or conceived before the period of time either of said child's parents served as a prisoner of war, was declared a person missing in action, served on state active duty or authorized training duty as a Colorado national guardsman, or was permanently Colorado Revised Statutes 2019 Page 143 of 673 Uncertified Printout disabled or killed while acting to preserve the public peace, health, and safety in the capacity of police officer, sheriff, or other law enforcement officer or firefighter; (b) Any child lawfully adopted, or for which formal adoption procedures were commenced, prior to the time either of said child's adoptive parents served as a prisoner of war, was declared a person missing in action, served on state active duty or authorized training duty as a Colorado national guardsman, or was permanently disabled or killed while acting to preserve the public peace, health, and safety in the capacity of police officer, sheriff, or other law enforcement officer or firefighter; or (c) Any child in the legal custody of or whose parent has parental responsibilities with respect to such child or for which proceedings for custody or the allocation of parental responsibilities were initiated by either of said child's parents prior to the time such parent served as a prisoner of war, was declared missing in action, served on state active duty or authorized training duty as a Colorado national guardsman, or was permanently disabled or killed while acting to preserve the public peace, health, and safety in the capacity of police officer, sheriff, or other law enforcement officer or firefighter. Source: L. 79: Entire article added, p. 825, § 1, effective June 19. L. 97: Entire section amended, p. 1014, § 21, effective August 6. L. 98: (1)(c) amended, p. 1410, § 75, effective February 1, 1999. Editor's note: This section is similar to former §§ 23-5-111 (1) and 23-5-111.5 (1) as they existed prior to 1979. 23-3.3-202. Program funding. Out of any money provided for the financial assistance program authorized by section 23-3.3-102, the commission shall first provide tuition assistance to individuals who qualify under the provisions of this part 2. Source: L. 79: Entire article added, p. 826, § 1, effective June 19. L. 2004: Entire section amended, p. 1155, § 1, effective July 1. L. 2009: (2) amended, (HB 09-1290), ch. 242, p. 1095, § 1, effective August 5. L. 2017: Entire section amended, (SB 17-174), ch. 10, p. 32, § 1, effective March 1. 23-3.3-203. Veterans with service after August 5, 1964. (Repealed) Source: L. 79: Entire article added, p. 826, § 1, effective June 19. L. 83: (2) amended, p. 789, § 3, effective July 1. L. 94: Entire section repealed, p. 1797, §11, effective May 31. Editor's note: This section was similar to former § 23-1-113 as it existed prior to its repeal in 1979 and prior to the repeal and reenactment of article 1 of this title in 1985. 23-3.3-204. Dependents of prisoners of war and military personnel missing in action. (1) As used in this section, unless the context otherwise requires, "prisoner of war" or "person missing in action" means any person who was a resident of the state of Colorado at the time such person entered the United States armed forces and who, while serving in said United Colorado Revised Statutes 2019 Page 144 of 673 Uncertified Printout States armed forces, has been declared to be a prisoner of war or a person missing in action, as established by the secretary of defense of the United States. (2) Any dependent of a prisoner of war or a person missing in action, upon being accepted for enrollment into any institution, shall be permitted to pursue studies leading toward a bachelor's degree or a certificate of completion, free of tuition, for so long as said dependent achieves and maintains standards as set by the institution for its students generally, but said benefits shall not be extended beyond twelve academic quarters or eight academic semesters, as the case may be. Such dependents pursuing studies at an institution that is not a state institution shall be eligible for assistance not to exceed the average cost of undergraduate instruction calculated for a full-time equivalent student at a comparable state institution for the previous year. The institution or the commission shall provide tuition assistance to such qualified students from appropriated student financial assistance funds. (3) Any person qualifying as a dependent under this section shall not be deprived of the benefits provided by this section because of the return of a parent or the reported death of a parent. (4) (a) A qualified dependent may receive benefits pursuant to this section prior to receiving federal educational benefits available to dependents pursuant to the federal "Public Safety Officers' Benefits Act", 34 U.S.C. sec. 10281 et seq. (b) The benefit provided pursuant to this section must be reduced by an amount equal to the amount of any federal educational benefits provided to the dependent. Source: L. 79: Entire article added, p. 827, § 1, effective June 19. L. 83: (2) amended, p. 790, § 4, effective July 1. L. 2019: (4) R&RE, (SB 19-174), ch. 170, p. 1980, § 1, effective August 2. Editor's note: This section is similar to former § 23-5-111 as it existed prior to 1979. 23-3.3-205. Dependents of deceased or permanently disabled National Guardsman, law enforcement officer, or firefighter. (1) (a) Any dependent of a person who died or was permanently disabled while on state active duty, federalized active duty, or authorized training duty as a Colorado National Guardsman or any dependent of any person who has been permanently disabled or killed while acting to preserve the public peace, health, and safety in the capacity of police officer, sheriff, or other law enforcement officer or firefighter, upon being accepted for enrollment into any state institution, shall be permitted to pursue studies leading toward his or her first bachelor's degree or certificate of completion, free of tuition and free of room and board charges of the institution, for so long as said dependent achieves and maintains a cumulative grade point average of 2.5 or above based upon a 4.0 scale, but said benefits shall not be extended beyond six years from the date of enrollment. Such dependents pursuing studies at a nonpublic institution of higher education within the state of Colorado shall be eligible for assistance not to exceed the average cost of undergraduate instruction calculated for a full-time equivalent student at a comparable state institution for the previous year, and the average cost of room and board calculated for a full-time equivalent student at all state institutions for the previous year. Such dependents pursuing studies at an out-of-state institution of higher education shall be eligible for assistance not to exceed the average cost of undergraduate instruction calculated for a full-time equivalent student at a comparable state institution for the previous Colorado Revised Statutes 2019 Page 145 of 673 Uncertified Printout year. The commission shall provide tuition and, if appropriate, room and board assistance to such qualified students from appropriated student financial assistance funds. (b) (Deleted by amendment, L. 2000, p. 1719, § 1, effective June 1, 2000.) (1.5) Repealed. (2) (a) A qualified dependent may receive benefits pursuant to this section prior to receiving federal educational benefits available to dependents pursuant to the federal "Public Safety Officers' Benefits Act", 34 U.S.C. sec. 10281 et seq. (b) The benefit provided pursuant to this section must be reduced by an amount equal to the amount of any federal educational benefits provided to the dependent. (3) (a) An individual who was permanently disabled while on state active duty, federalized active duty, or authorized training duty as a Colorado National Guardsman is permanently disabled for the purpose of determining eligibility of dependents to qualify for educational benefits if such individual is ineligible for retention as a member of the National Guard and is unable to engage in any substantial full-time gainful activity by reason of medically determinable physical or mental impairment which can be expected to result in death or which has lasted for a continuous period of not less than twelve months and exists at the time the dependent seeks entry into an institution. (b) An individual who has been permanently disabled while acting to preserve the public peace, health, and safety in the capacity of police officer, sheriff, or other law enforcement officer or firefighter is permanently disabled for the purpose of determining eligibility of dependents to qualify for educational benefits if such individual is, as a result of the disability, unable to perform in the position to which he or she was regularly assigned at the time he or she became disabled. Source: L. 79: Entire article added, p. 828, § 1, effective June 19. L. 81: (2) and (3) amended, p. 1093, § 1, effective May 28. L. 83: (1) and (3)(a) amended, p. 790, § 5, effective July 1. L. 91: (1) and (3)(a) amended, p. 548, § 2, effective May 18. L. 97: (1) and (3)(b) amended, p. 1014, § 22, effective August 6. L. 98: Entire section amended, p. 210, § 1, effective August 5. L. 2000: (1) amended and (1.5) repealed, p. 1719, §§ 1, 2, effective June 1. L. 2019: (2) R&RE, (SB 19-174), ch. 170, p. 1980, § 2, effective August 2. Editor's note: This section is similar to former § 23-5-111.5 as it existed prior to 1979. PART 3 STUDENT LOAN MATCHING 23-3.3-301. Student loan matching program - funding. Out of any moneys provided for the financial assistance program authorized by section 23-3.3-102 and remaining after meeting the requirements of part 2 of this article, the commission shall provide the matching funds required for federal allocations to institutions for student loan programs. Source: L. 79: Entire article added, p. 828, § 1, effective June 19. L. 83: Entire section amended, p. 791, § 6, effective July 1. Colorado Revised Statutes 2019 Page 146 of 673 Uncertified Printout PART 4 WORK-STUDY PROGRAM Editor's note: This part 4 is similar to part 2 of article 1 of this title as it existed prior to 1979. 23-3.3-401. Work-study program established - requirements. (1) The commission shall use a portion of any moneys remaining after meeting the requirements of parts 2 and 3 of this article to provide a work-study program of employment of qualifying students in good standing with the institution in which they are enrolled in positions that are directly under the control of the institution in which the student is enrolled or in positions with nonprofit organizations, governmental agencies, or for-profit organizations with which the institution may execute student employment contracts. (2) Any in-state student who is enrolled or accepted for enrollment at an institution as an undergraduate may qualify for participation in the work-study program established pursuant to this section. (3) Funds appropriated to the commission may also be used by the commission in conjunction with and to supplement funds for current job opportunities or to supplement or match funds made available through any other public or private program for financial assistance. A sum not to exceed thirty percent of the funds allocated by the commission for the work-study program may be used to provide funding on a basis other than financial need. A sum of not less than seventy percent of such money shall be used for students demonstrating financial need. Source: L. 79: Entire article added, p. 829, § 1, effective June 19. L. 83: (2) amended, p. 791, § 7, effective July 1. L. 98: (1) amended, p. 11, § 1, effective March 6. PART 5 SCHOLARSHIP AND GRANT PROGRAM 23-3.3-501. Scholarship and grant program - funding. The commission shall use a portion of any moneys remaining after meeting the requirements of parts 2 and 3 of this article to provide other programs of financial assistance based upon financial need, merit, talent, or other criteria established by the commission for students enrolled at institutions. Source: L. 79: Entire article added, p. 829, § 1, effective June 19. L. 83: Entire section amended, p. 791, § 8, effective July 1. PART 6 COLORADO EDUCATIONAL EXCHANGE PROGRAM 23-3.3-600.1. Short title. This part 6 shall be known and may be cited as the "Colorado Educational Exchange Program". Colorado Revised Statutes 2019 Page 147 of 673 Uncertified Printout Source: L. 89: Entire section added, p. 978, § 1, effective April 12. 23-3.3-601. Educational exchange program. (1) The commission is directed to establish an educational exchange program consistent with the national student exchange program. The commission shall identify those circumstances under which the waiving of the nonresident differential in tuition rates, on a reciprocal basis with other states or foreign countries, would enhance the educational experience for Colorado residents enrolled in state institutions. In relation thereto, the commission shall: (a) Consult with the governing bodies and departments of state institutions in order to identify those classes and numbers of Colorado residents enrolled in said institutions whose educational experience would be enhanced by participation in said program; and (b) Negotiate with the appropriate representatives of other states or foreign countries with the objective of establishing reciprocal agreements for waiving the nonresidential tuition differential for Colorado residents enrolled in state institutions who wish to enroll in the institutions of higher education in other states or foreign countries in exchange for the waiver of the nonresidential tuition differential for residents of said other states or foreign countries wishing to enroll in state institutions. The number of resident students participating in the educational exchange program shall be matched by an equal number of nonresident students enrolling at Colorado institutions of higher education. (2) Repealed. (3) No student may be a recipient or participant in the educational exchange program for more than one year. (4) Residents of other states or foreign countries attending state institutions pursuant to said educational exchange program shall not be counted as nonresident students. Notwithstanding their presence in the state, such students shall not be permitted to apply the time spent in the educational exchange program toward satisfaction of residency requirements for tuition purposes. (5) As used in this part 6, "Colorado resident" means a person who is classified, for tuition purposes, as an in-state student. Source: L. 79: Entire article added, p. 829, § 1, effective June 19. L. 87: IP(1), (2), (3), and (4) amended, p. 847, § 1, effective March 12. L. 89: IP(1), (1)(b), and (4) amended and (2) repealed, pp. 978, 979, §§ 2, 3, effective April 12. Editor's note: This section is similar to former § 23-1-301 as it existed prior to 1979. PART 7 COLORADO NURSING SCHOLARSHIP PROGRAM 23-3.3-701. Colorado nursing scholarship program. (1) The general assembly hereby authorizes the commission to establish a nursing scholarship program. Such program shall be administered in accordance with policies and procedures established by the commission. The general assembly may appropriate annually an amount for the support of such program. Colorado Revised Statutes 2019 Page 148 of 673 Uncertified Printout (2) The commission shall determine, by guideline, the institutions of higher education eligible for participation in the scholarship program. (3) It is the intent of the general assembly that, under the policies and procedures established by the commission under subsection (1) of this section for awarding nursing scholarships, preference be given to individuals who shall work in federal qualifying health clinics and underserved areas with nursing shortages throughout the state. (4) and (5) Repealed. Source: L. 92: Entire part added, p. 588, § 1, effective July 1. L. 95: (5) amended, p. 123, § 1, effective March 31. L. 96: (4) amended, p. 1238, § 85, effective August 7. L. 99: (4) repealed, p. 850, § 5, effective May 24. L. 2000: (5) repealed, p. 1113, § 1, effective May 26. Cross references: For the legislative declaration contained in the 1996 act amending this section, see section 1 of chapter 237, Session Laws of Colorado 1996. PART 8 EARLY CHILDHOOD PROFESSIONAL LOAN REPAYMENT PROGRAM 23-3.3-801 to 23-3.3-803. (Repealed) Editor's note: (1) This part 8 was added in 2001. For amendments to this part 8 prior to its repeal in 2007, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. (2) Section 23-3.3-803 provided for the repeal of this part 8, effective July 1, 2007. (See L. 2001, p. 875.) PART 9 TEACH COLORADO GRANT INITIATIVE 23-3.3-901. Teach Colorado grant initiative created - award of grants - legislative declaration. (1) (a) The general assembly hereby finds and declares that one of the most important components of a high-quality education is a good teacher. In Colorado, there is a shortage of public school teachers employed in high-need areas such as mathematics, science, special education, English language acquisition, and world languages. Strengthening Colorado's pipeline of licensed teachers in high-need areas will help to provide every student in every public school with the teacher he or she needs to thrive and will contribute to raising the standard of living in Colorado. (b) Therefore, the general assembly determines that it is in the best interest of Colorado's students to encourage institutions of higher education to create scholarships for students in approved teacher preparation programs who excel in high-need content areas and who demonstrate an interest in or commitment to teaching as a career. (2) As used in this part 9, unless the context otherwise requires: Colorado Revised Statutes 2019 Page 149 of 673 Uncertified Printout (a) "Approved educator preparation program" means an approved educator preparation program as defined in section 23-1-121 (1)(a). (b) "BOCES" means a board of cooperative services as defined in section 22-5-103 (2), C.R.S. (c) "Department" means the department of higher education created and existing pursuant to section 24-1-114, C.R.S. (d) "Institution of higher education" means a public institution of higher education operating in this state that is supported in whole or in part by general fund moneys. (e) "School district" means a school district in Colorado organized and existing pursuant to law. "School district" does not include a local college district. (3) (a) There is hereby created in the department the teach Colorado grant initiative to provide moneys for use in reducing the financial barriers to entering the teaching profession, supporting high-ability students who have demonstrated a commitment to the teaching profession, and attracting high-ability students in high-need content areas into the teaching profession. The commission shall adopt guidelines pursuant to which an institution of higher education may submit an application for a grant from the teach Colorado grant initiative to use in funding scholarships to assist persons in entering the teaching profession. At a minimum, an institution's application shall include a description of the scholarships, including student eligibility, identification of the high-need content areas or other high-need areas that will be addressed through the award of scholarships, expectations that will be imposed on the recipients, and the amount of scholarship money to be awarded to each recipient. (b) In administering the teach Colorado grant initiative, the department shall annually collaborate with the department of education to determine the high-need content areas, which may include, but need not be limited to, mathematics, science, special education, English language acquisition, and world languages. The department shall annually publicize to the institutions of higher education the content areas that are considered to be high-need areas. (c) In designing a scholarship, an institution of higher education that is seeking funding from the teach Colorado grant initiative may include students who are seeking a baccalaureate degree and have enrolled in an approved teacher preparation program, students who demonstrate excellence in a high-need content area and are considering enrolling in an approved teacher preparation program, and students who have completed a baccalaureate degree or higher and have enrolled or are considering enrolling in an approved teacher preparation program. Scholarship moneys shall not be paid on behalf of a student until the student has enrolled in an approved teacher preparation program. (d) The commission shall adopt such additional guidelines as may be necessary for administration of the teach Colorado grant initiative, including but not limited to the application process, criteria for awarding grants in addition to those specified in subsection (4) of this section, and the amount of grants to be awarded. (4) In awarding grants through the teach Colorado grant initiative, the department shall give special consideration to scholarships that: (a) Are designed to create a partnership between two institutions of higher education, one of which does not have an approved educator preparation program but has students who have demonstrated academic excellence in one or more high-need content areas and have expressed an interest in entering the teaching profession; Colorado Revised Statutes 2019 Page 150 of 673 Uncertified Printout (b) Are designed to create a partnership between the institution of higher education and one or more school districts or BOCES that have a shortage of teachers in high-need content areas; (c) Are designed to meet the needs of rural or high-poverty schools, school districts, or BOCES, as identified by the department of education; (d) Are designed to assist honorably discharged veterans of the armed forces in entering the teaching profession; or (e) Require each scholarship recipient to commit to completing his or her student teaching in a rural or high-poverty school, school district, or BOCES, as identified by the department of education. (5) The amount of a scholarship awarded to an individual student by an institution of higher education pursuant to a teach Colorado grant shall not exceed the amount of in-state tuition charged by the institution for thirty semester hours of credit. (6) On or before February 1, 2009, and on or before February 1 each year thereafter, the commission shall report to the education committees of the senate and the house of representatives, or any successor committees, concerning the number of institutions of higher education receiving teach Colorado grants pursuant to this section, the amount of the grants awarded, the number of students receiving scholarships through grants awarded pursuant to this section, and a general summary of the scholarships funded through grants awarded pursuant to this section. (7) In addition to any general funds appropriated by the general assembly to the department for the implementation of the teach Colorado grant initiative, the department is authorized to seek and accept gifts, grants, and donations from private and public sources for the implementation of the teach Colorado grant initiative. Source: L. 2008: Entire part added, p. 723, § 1, effective May 12. L. 2009: (4) amended, (SB 09-062), ch. 193, p. 838, § 1, effective April 30. L. 2011: (2)(a) and (4)(a) amended, (SB 11-245), ch. 201, p. 850, § 16, effective August 10. Cross references: For the legislative declaration in the 2011 act amending subsections (2)(a) and (4)(a), see section 1 of chapter 201, Session Laws of Colorado 2011. PART 10 COLORADO OPPORTUNITY SCHOLARSHIP INITIATIVE 23-3.3-1001. Legislative declaration. (1) The general assembly hereby declares that the Colorado opportunity scholarship initiative created in this part 10 is intended to: (a) Award scholarships or grants based upon a rigor-based method that emphasizes student commitment to academic achievement and successful placement in the workforce and ensuring that participating students and institutions be held accountable through measurable outcomes; and (b) Develop the connections and community partnerships necessary to ensure that every Colorado student has the support needed to enter a postsecondary opportunity, persist and succeed, and enter his or her desired position in the workforce. Colorado Revised Statutes 2019 Page 151 of 673 Uncertified Printout (2) It is the intent of the general assembly to match nonprofit and private financial contributions to the Colorado opportunity scholarship initiative with annual contributions from the general fund so that a sustainable corpus is created to fund scholarship awards in future years. Whenever practicable, the annual match should be in an amount that is significant enough to attract continued investment by community partners. Source: L. 2014: Entire part added, (HB 14-1384), ch. 347, p. 1554, § 1, effective August 6. 23-3.3-1002. Definitions. As used in this part 10, unless the context otherwise requires: (1) "Board" means the Colorado opportunity scholarship initiative advisory board created in section 23-3.3-1004. (2) "Department" means the department of higher education created pursuant to section 24-1-114, C.R.S. (3) "Director" means the director of the initiative. (4) "Executive director" means the executive director of the Colorado commission on higher education. (5) "Fund" means the Colorado opportunity scholarship initiative fund created in section 23-3.3-1005. (6) "Initiative" means the Colorado opportunity scholarship initiative created in section 23-3.3-1003. (7) "Nonprofit organization" means a tax-exempt charitable or social welfare organization operating under section 501 (c)(3) or 501 (c)(4) of title 26 of the United States Code, the federal "Internal Revenue Code of 1986", as amended. (8) "Precollegiate organization" means a state- or federally funded program offering postsecondary workforce-ready options to Colorado students. (9) "Tuition assistance" means financial assistance to an eligible student of an eligible institution, including such financial assistance as is necessary to pay the costs of tuition, fees, books, housing, food, and transportation. Source: L. 2014: Entire part added, (HB 14-1384), ch. 347, p. 1555, § 1, effective August 6. 23-3.3-1003. Colorado opportunity scholarship initiative - created - report. (1) There is created the Colorado opportunity scholarship initiative within the department. The executive director or his or her designee shall appoint the director of the initiative from existing personnel who shall administer the initiative in accordance with rules promulgated by the board pursuant to section 23-3.3-1004 (4). (2) On or before June 30, 2015, the director of the initiative shall report to the education committees of the house of representatives and senate, or to any successor committees, concerning the recommendations prepared by the board pursuant to section 23-3.3-1004 (4)(c). Source: L. 2014: Entire part added, (HB 14-1384), ch. 347, p. 1555, § 1, effective August 6. Colorado Revised Statutes 2019 Page 152 of 673 Uncertified Printout 23-3.3-1004. Colorado opportunity scholarship initiative advisory board - created duties - rules. (1) There is created the Colorado opportunity scholarship initiative advisory board, which shall consist of the executive committee of the state work force development council created in section 24-46.3-101, C.R.S., as described in the bylaws of the council, as well as the following three persons, to be appointed by the governor or his or her designee: (a) One person representing the four-year research institutions of higher education in the state; (b) One person representing the system of four-year postsecondary institutions in the state; and (c) One person representing the community colleges and area vocational districts of the state. (2) The governor or his or her designee shall make his or her appointments to the board on or before August 1, 2014. The members of the board shall elect presiding officers for the board, including a chair and vice-chair, from among the board members appointed pursuant to subsection (1) of this section, which presiding officers shall serve terms of two years. Board members may reelect a presiding officer. (3) Each member of the board appointed by the governor or his or her designee shall serve at the pleasure of the governor or his or her designee for a term of four years. The governor or his or her designee may reappoint the member for an additional term or terms. Members of the board shall serve without compensation. (4) The board shall hold its first meeting on or before November 1, 2014, at a time and place to be designated by the executive director or by his or her designee. The board shall meet at least four times each year and shall carry out the following duties: (a) Promulgate rules for administration of the initiative, including but not limited to the following: (I) Criteria for eligibility of state agencies, nonprofit organizations, and public institutions of higher education to participate in the initiative; (II) Criteria for eligibility of students to apply for and receive grants from the initiative, which criteria shall include consideration of an applicant student's: (A) Courses of study; (B) Commitment to academic achievement; (C) Work experience; (D) Community involvement; and (E) Extracurricular activities; (III) Rules establishing permissible uses of grant and scholarship moneys from the initiative, which rules shall stipulate that: (A) Not more than ten percent of the moneys in the fund in any fiscal year may be awarded to state agencies and nonprofit organizations to assist such agencies and organizations with ensuring that student-success, precollegiate, postsecondary student support services are available to students who are classified as Colorado residents for tuition purposes; increasing the capacity for student support services at postsecondary institutions; and developing connections between local employers, public schools, precollegiate organizations, and postsecondary institutions; (B) Of the moneys described in sub-subparagraph (A) of this subparagraph (III), at least seventy percent must be awarded to nongovernmental entities; Colorado Revised Statutes 2019 Page 153 of 673 Uncertified Printout (C) Any moneys appropriated to the fund that are not used for the purposes described in sub-subparagraph (A) of this subparagraph (III), or to pay the direct and indirect costs of administering the initiative as described in section 23-3.3-1005 (4), must be used to build a financial corpus capable of providing tuition assistance to eligible Colorado students in Colorado who will attend eligible institutions of higher education within the state. Tuition assistance provided pursuant to this sub-subparagraph (C) may take the form of direct awards, matching incentives to create or increase the number of other scholarships, loans, or any combination thereof. (D) To the extent practicable, grants of tuition assistance must be awarded to students representing rural and urban areas of the state and to students attending public vocational schools, area technical colleges, community colleges, four-year institutions of higher education, and research institutions; and (E) To the extent practicable, tuition assistance must be evenly distributed between students who are eligible for federal PELL grants and students whose household incomes are between one hundred percent and two hundred fifty percent of the maximum permissible income for the purpose of determining eligibility for PELL grants; (IV) Criteria for evaluating the effectiveness of the initiative in improving higher education outcomes in the state, which criteria must include, but need not be limited to: (A) Reductions in remediation rates and associated costs; (B) Increases in graduation rates; (C) Reductions in average time required to earn a degree; (D) Increases in student retention rates; (E) Reductions in disparities between the academic achievements of certain student populations based on demographic, geographic, and economic indicators; (F) Adoption of best practices for student support services; (G) Fulfillment of local workforce needs; (H) Reductions in student loan debt; (I) Improvements in tuition affordability; and (J) Improvements in students' access to federal grant programs and other federal sources of support for postsecondary students; (b) Identify and consider the feasibility of potential funding sources for the initiative, including but not limited to: (I) The implementation of an income tax credit for taxpayers of the state who elect to make a contribution to the fund; and (II) Any fundraising for the initiative that may result from a memorandum of understanding executed between the board and a nonprofit organization, as described in subsection (5) of this section; and (c) On or before May 30, 2015, prepare and submit to the director any recommendations the board has for the general assembly concerning the implementation of the initiative. The director shall report the recommendations of the board to the education committees of the house of representatives and senate, or to any successor committees, as described in section 23-3.31003 (2). (5) The board may enter into a memorandum of understanding with a nonprofit organization for the purpose of raising moneys for the initiative. Colorado Revised Statutes 2019 Page 154 of 673 Uncertified Printout Source: L. 2014: Entire part added, (HB 14-1384), ch. 347, p. 1556, § 1, effective August 6. L. 2016: (4)(a)(III)(C) amended, (SB 16-189), ch. 210, p. 765, § 43, effective June 6; (4)(a)(III)(D) amended, (HB 16-1082), ch. 58, p. 153, § 46, effective August 10. 23-3.3-1005. Colorado opportunity scholarship initiative fund - created - rules. (1) There is created in the state treasury the Colorado opportunity scholarship initiative fund, which consists of: (a) Any moneys appropriated to the fund by the general assembly; (b) Any moneys transferred to the fund from any other fund; and (c) Any moneys received by the department as gifts, grants, or donations pursuant to subsection (3) of this section. (2) The moneys in the fund are continuously appropriated to the department for the purposes described in this part 10. All interest derived from the deposit and investment of moneys in the fund must remain in the fund. Any unexpended or unencumbered moneys remaining in the fund at the end of a fiscal year must remain in the fund and not be transferred or credited to the general fund or another fund. (3) The department is authorized to accept any gifts, grants, or donations from any private or public source on behalf of the state for the purposes described in this part 10. The department shall transmit all such gifts, grants, and donations to the state treasurer, who shall credit the same to the fund. (4) The department is authorized to spend not more than three percent of the moneys in the fund to pay the direct and indirect costs of administering the initiative in any fiscal year. (5) The board may promulgate rules for the administration of the fund. Source: L. 2014: Entire part added, (HB 14-1384), ch. 347, p. 1558, § 1, effective August 6. PART 11 TUITION ASSISTANCE FOR CAREER AND TECHNICAL EDUCATION CERTIFICATE PROGRAMS 23-3.3-1101. Career and technical education certificate programs - tuition assistance - funding - definitions. (1) (a) The commission shall establish a tuition assistance program for students enrolled in qualifying career and technical education certificate programs. Subject to available appropriations, the commission shall allocate money to community colleges, Colorado Mesa university, area technical colleges, and local district colleges to provide tuition assistance for students who are enrolled in qualifying career and technical education certificate programs and meet the income eligibility requirements established in guidelines adopted by the commission. The department of higher education and the institutions that receive tuition assistance money pursuant to this section shall administer the program in accordance with policies and procedures that the commission establishes. (b) As used in this section, unless the context otherwise requires: Colorado Revised Statutes 2019 Page 155 of 673 Uncertified Printout (I) "Qualifying career and technical education certificate program" means a career and technical education certificate program that does not meet the minimum credit hour requirements for the federal Pell grant program. (II) "Tuition assistance" means money that a student may use to pay for tuition, fees, and course materials. (2) The general assembly may appropriate annually an amount for support of the program established pursuant to this section. Source: L. 2015: Entire part added, (HB 15-1275), ch. 223, p. 817, § 5, effective May 22. L. 2016: (1) amended, (HB 16-1082), ch. 58, p. 144, § 16, effective August 10. L. 2017: (1) amended, (HB 17-1180), ch. 80, p. 252, § 1, effective March 30. PART 12 COLORADO SECOND CHANCE SCHOLARSHIP Cross references: For the legislative declaration in SB 19-231, see section 1 of chapter 290, Session Laws of Colorado 2019. 23-3.3-1201. Colorado second chance scholarship - creation - eligibility. There is created in the department of higher education the Colorado second chance scholarship program, referred to in this part 12 as the "scholarship program". Subject to available appropriations, the scholarship program shall award scholarships to assist persons previously committed to the division of youth services in the department of human services in the persons' pursuit of a postsecondary credential. The advisory board created in section 23-3.3-1203 shall award scholarships on a need basis, based on the criteria specified in section 23-3.3-1203 (3). Source: L. 2019: Entire part added, (SB 19-231), ch. 290, p. 2672, § 2, effective August 2. 23-3.3-1202. Program coordinator - duties. The executive director of the Colorado commission on higher education or the executive director's designee shall appoint a program coordinator who shall counsel and support scholarship recipients by regularly meeting with recipients to set education and employment goals and connect students with wraparound services. Source: L. 2019: Entire part added, (SB 19-231), ch. 290, p. 2673, § 2, effective August 2. 23-3.3-1203. Colorado second chance scholarship advisory board - creation - duties - report - rules - repeal. (1) There is created the Colorado second chance scholarship advisory board, referred to in this section as the "advisory board", which consists of the following five members: (a) The director of the division of youth services in the department of human services or the director's designee; Colorado Revised Statutes 2019 Page 156 of 673 Uncertified Printout (b) The executive director of the Colorado commission on higher education or the executive director's designee; (c) The executive director of the department of human services or the executive director's designee; (d) The program coordinator of the Colorado second chance scholarship; and (e) An individual previously committed to the division of youth services in the department of human services through lived experiences appointed by the director of the division of youth services in the department of human services. (2) The advisory board shall hold its first meeting on or before November 1, 2019, at a time and place to be designated by the executive director of the Colorado commission on higher education or the executive director's designee. The board shall meet at least four times each year and shall establish by rule the procedures by which a person may apply for a scholarship. At a minimum, the rules must specify the information a person shall submit and the deadlines for submitting the application. (3) The advisory board shall award scholarships up to ten thousand dollars to applicants based on the following criteria: (a) An applicant's prior commitment to the division of youth services in the department of human services; (b) An applicant's demonstrated degree of financial need, based on the resources available to the applicant; (c) An applicant's acceptance to an institution that offers postsecondary credentials, including but not limited to an accredited trade school, community college, certificate program, or other institution of higher education; and (d) Any other criteria adopted by rule of the advisory board to identify persons in the greatest need of assistance in the pursuit of any postsecondary credential. (4) The advisory board shall set the amount of each scholarship based on the person's degree of financial need, the cost of attendance, the amount available for the applicable budget year, and the anticipated number of persons who will apply to the scholarship program in the course of the applicable budget year. (5) The department of higher education shall report on the scholarship program to the public through the annual hearing pursuant to the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act", part 2 of article 7 of title 2. (6) This section is repealed, effective September 1, 2022. Prior to such repeal, the Colorado second chance scholarship program is scheduled for review as provided in section 2434-104. Source: L. 2019: Entire part added, (SB 19-231), ch. 290, p. 2673, § 2, effective August 2. ARTICLE 3.5 Colorado Student Incentive Grant Program Colorado Revised Statutes 2019 Page 157 of 673 Uncertified Printout 23-3.5-101. Legislative declaration. The general assembly hereby declares that it is the policy of this state, within appropriations available for such purpose, to provide assistance to Colorado in-state students attending institutions of higher education, by utilizing federal and other moneys available for such purpose. Source: L. 77: Entire article added, p. 1104, § 1, effective July 1. 23-3.5-102. Definitions. As used in this article 3.5, unless the context otherwise requires: (1) "Commission" means the Colorado commission on higher education. (2) "In-state student" means an undergraduate student at an institution of higher education who meets the criteria established by article 7 of this title for classification as an instate student at a state institution of higher education, but "in-state student" does not include a member of the armed forces of the United States or his dependents who are eligible to obtain instate tuition status upon moving to Colorado on a permanent change-of-station basis until such individual meets the one-year domicile requirement of section 23-7-102 (5). (3) (a) "Institution of higher education" means an educational institution operating in this state that: (I) Admits as regular students only persons having a certification of graduation from a school providing secondary education or the recognized equivalent of such a certificate; (II) Is accredited by a nationally recognized accrediting agency or association and, in the case of private occupational schools, holds a regular certificate from the private occupational school division in accordance with the provisions of article 64 of this title 23, or is regulated or approved pursuant to any other statute; (III) (A) Provides an educational program for which it awards a bachelor's degree; or (B) Provides not less than a two-year program which is acceptable for full credit towards such a degree; or (C) Provides not less than a one-year program of training to prepare students for gainful employment in a recognized occupation; or (D) Is a private occupational school providing not less than a six-month program of training to prepare students for gainful employment in a recognized occupation; (IV) Was in operation in this state as of January 1, 1999, or has been in operation in this state for a minimum of ten academic years. (b) The term "institution of higher education" does not include a branch program of an institution of higher education whose principal campus and facilities are located outside this state, unless the institution operating the branch program has received a certificate of approval from the private occupational school division in accordance with the provisions of article 64 of this title 23. (4) "Nonpublic institution" means an educational institution which receives no support from general fund moneys in support of its operating costs. (5) "Professional degree in theology" means a certificate signifying a person's graduation from a degree program that is: (a) Devotional in nature or designed to induce religious faith; and (b) Offered by an institution as preparation for a career in the clergy. Colorado Revised Statutes 2019 Page 158 of 673 Uncertified Printout Source: L. 77: Entire article added, p. 1104, § 1, effective July 1. L. 81: (3)(a)(II) and (3)(a)(III)(D) amended, p. 852, § 28, effective July 1. L. 86, 2nd Ex. Sess.: (2) amended, p. 60, § 4, effective August 15. L. 90: (3)(a)(II) amended, p. 1172, § 32, effective July 1. L. 99: IP(3)(a) and (3)(b) amended and (3)(a)(IV) added, p. 74, §§ 1, 2, effective July 1, 2000. L. 2009: (3)(b) amended and (5) added, (HB 09-1267), ch. 348, p. 1823, § 4, effective June 1. L. 2017: IP, (3)(a)(II), and (3)(b) amended, (HB 17-1239), ch. 261, p. 1205, § 13, effective August 9. Cross references: For the legislative declaration contained in the 2009 act amending subsection (3)(b) and adding subsection (5), see section 1 of chapter 348, Session Laws of Colorado 2009. 23-3.5-103. Grant program authorized - administration. (1) The general assembly hereby authorizes the commission to establish a grant program for in-state students having financial need, to be administered in accordance with federal law and regulations and guidelines established by the commission. (2) The commission shall determine, by guideline, the institutions of higher education eligible for participation in the grant program, and each eligible institution of higher education shall recommend in-state students to the commission for receipt of a grant. (3) Grant program disbursements shall be handled by the institution of higher education, subject to audit and review as provided in section 23-3.5-104. (4) Upon commencement of participation in the grant program, no participating institution of higher education shall decrease the amount of its own funds spent for student aid below the amount so spent prior to participation in the grant program. (5) In determining the amount of a grant, the commission shall consider only that portion of an in-state student's financial need which would have existed were the nonpublic institution's tuition no greater than the highest in-state tuition rate charged by a comparable state institution of higher education. Source: L. 77: Entire article added, p. 1105, § 1, effective July 1. 23-3.5-103.5. Assistance to professional theology students prohibited. (1) The guidelines established by the commission pursuant to section 23-3.5-103 (1) shall include: (a) A prohibition against the awarding of any financial assistance pursuant to this article to a student who is pursuing a professional degree in theology; except that the prohibition described in this section shall not apply to financial assistance that is awarded to a student from a federal program, including but not limited to Title IV of the federal "Higher Education Act of 1965", 20 U.S.C. sec. 1070, as amended; and (b) A requirement that an institution or nonpublic institution of higher education that seeks to award financial assistance to a student pursuant to this article certify that the student is not pursuing a professional degree in theology. Source: L. 2009: Entire section added, (HB 09-1267), ch. 348, p. 1824, § 5, effective June 1. Colorado Revised Statutes 2019 Page 159 of 673 Uncertified Printout Cross references: For the legislative declaration contained in the 2009 act adding this section, see section 1 of chapter 348, Session Laws of Colorado 2009. 23-3.5-104. Audit and review. The state auditor or his designee shall audit, in accordance with federal and commission guidelines, the grant program at any participating institution of higher education every other year to review residency determinations, needs analyses, awards, payment procedures, and such other practices as may be necessary to ensure that the grant program is being properly administered, but such audit shall be limited to the administration of the grant program at the participating institution of higher education. The state auditor may accept an audit of the program from an institution not supported in whole or in part by the general fund from the institution's independent auditor. The cost of conducting audits of the program at an institution not supported in whole or in part by the general fund shall be borne by the institution. Source: L. 77: Entire article added, p. 1105, § 1, effective July 1. L. 81: Entire section amended, p. 342, § 7, effective March 27. L. 2006: Entire section amended, p. 1496, § 30, effective June 1. 23-3.5-105. Determination of eligibility. (Repealed) Source: L. 77: Entire article added, p. 1106, § 1, effective July 1. L. 2009: Entire section repealed, (HB 09-1267), ch. 348, p. 1827, § 12, effective June 1. Cross references: For the legislative declaration contained in the 2009 act repealing this section, see section 1 of chapter 348, Session Laws of Colorado 2009. 23-3.5-106. Determination of invalidity. A final judicial determination that this article is invalid as applied to any individual institution of higher education or student shall not operate to terminate any grant provided pursuant to this article to any other institution of higher education or student. Source: L. 77: Entire article added, p. 1106, § 1, effective July 1. ARTICLE 3.6 Health Care Professionals Loan Programs PART 1 NURSING TEACHER LOAN FORGIVENESS PILOT PROGRAM 23-3.6-101 to 23-3.6-104. (Repealed) Colorado Revised Statutes 2019 Page 160 of 673 Uncertified Printout Editor's note: (1) This part 1 was added in 2006. For amendments to this part 1 prior to its repeal in 2018, consult the 2017 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume. (2) Section 23-3.6-104 provided for the repeal of this part 1, effective July 1, 2018. (See L. 2006, p. 1544.) PART 2 STATE HEALTH CARE PROVIDER LOAN REPAYMENT PROGRAM 23-3.6-201 to 23-3.6-205. (Repealed) Source: L. 2009: Entire part repealed, (HB 09-1111), ch. 396, p. 2141, § 3, effective June 2. Editor's note: This part 2 was added in 2007 and was not amended prior to its repeal in 2009. For the text of this part 2 prior to 2009, consult the 2008 Colorado Revised Statutes. The provisions of this part 2 were relocated to part 7 of article 20.5 of title 25. For the location of specific provisions, see the editor's notes following those sections that were relocated to part 7. ARTICLE 3.7 Tuition Assistance Grant Program 23-3.7-101. Legislative declaration. The general assembly hereby finds, determines, and declares: That the costs of education at Colorado's public and nonpublic institutions of higher education have increased dramatically in recent years; that while the increased costs of education at public institutions have been defrayed by state support of such institutions Coloradans wishing to attend nonpublic institutions of higher education in the state face a serious financial burden; that the decline of Colorado's nonpublic institutions of higher education due to an absence of students able to bear the costs of education would increase the number of students seeking admission to state-funded institutions; and that the preservation of Colorado's traditional diversity in higher education and access to a variety of educational opportunities for Coloradans of all backgrounds and resources require that the general assembly act to assist instate students in meeting the increased costs of education at Colorado's nonpublic institutions of higher education. Source: L. 86: Entire article added, p. 824, § 1, effective July 1. 23-3.7-102. Definitions. As used in this article 3.7, unless the context otherwise requires: (1) "Commission" means the Colorado commission on higher education. Colorado Revised Statutes 2019 Page 161 of 673 Uncertified Printout (2) "In-state student" means a student at a nonpublic institution of higher education who meets the criteria established by article 7 of this title for classification as an in-state student at a state institution of higher education, who is pursuing a degree, and who is a graduate of a high school located in Colorado. "In-state student" includes a member of the armed forces of the United States or his dependents. (3) "Nonpublic institution of higher education" means an institution of higher education operating in this state that: (a) Receives no support from general fund moneys in support of its operating costs; (b) Admits as regular students only persons having a certification of graduation from a school providing secondary education or the recognized equivalent of such a certificate; (c) Is accredited by a nationally recognized accrediting agency or association and, in the case of private occupational schools, holds a certificate of approval from the private occupational school division in accordance with the provisions of article 64 of this title 23, or is regulated or approved pursuant to any other statute; (d) (I) Provides an educational program for which it awards a bachelor's degree or a graduate degree; or (II) Provides not less than a two-year program that is acceptable for full credit towards such a degree; or (III) Provides not less than a one-year program of training to prepare students for gainful employment in a recognized occupation; or (IV) Is a private occupational school providing not less than a six-month program of training to prepare students for gainful employment in a recognized occupation; (e) Was in operation in this state as of January 1, 1999, or has been in operation in this state for a minimum of ten academic years; and (f) Is not a branch program or campus of an institution of higher education whose principal campus and facilities are located outside this state, unless the institution operating the branch program has received a certificate of approval from the private occupational school division in accordance with the provisions of article 64 of this title 23. (4) "Professional degree in theology" means a certificate signifying a person's graduation from a degree program that is: (a) Devotional in nature or designed to induce religious faith; and (b) Offered by an institution as preparation for a career in the clergy. Source: L. 86: Entire article added, p. 824, § 1, effective July 1. L. 99: (3) amended, p. 75, § 3, effective July 1, 2000. L. 2009: (3)(f) amended and (4) added, (HB 09-1267), ch. 348, p. 1824, § 6, effective June 1. L. 2017: IP, (3)(c), and (3)(f) amended, (HB 17-1239), ch. 261, p. 1206, § 14, effective August 9. Cross references: For the legislative declaration contained in the 2009 act amending subsection (3)(f) and adding subsection (4), see section 1 of chapter 348, Session Laws of Colorado 2009. 23-3.7-103. Tuition assistance grant program - authorization - administration. (1) The general assembly hereby authorizes the commission to establish and administer a tuition Colorado Revised Statutes 2019 Page 162 of 673 Uncertified Printout assistance grant program within the scholarship and grant program for in-state students attending nonpublic institutions of higher education in this state. (2) An in-state student may apply to an eligible nonpublic institution of higher education for a grant at any time after his or her acceptance by such nonpublic institution of higher education. The commission shall award grants, out of moneys in the fund created in section 233.7-107, for such students to such institutions in accordance with criteria established by the commission. In establishing this criteria the commission shall include, but not be limited to, the consideration of need and merit. The criteria shall also include: (a) A prohibition against the awarding of any financial assistance pursuant to this article to a student who is pursuing a professional degree in theology; except that the prohibition described in this section shall not apply to financial assistance that is awarded to a student from a federal program, including but not limited to Title IV of the federal "Higher Education Act of 1965", 20 U.S.C. sec. 1070, as amended; and (b) A requirement that a nonpublic institution of higher education that seeks to award financial assistance to a student pursuant to this article certify that the student is not pursuing a professional degree in theology. (3) Grants, except in the case of part-time students, shall be for not more than one thousand five hundred dollars per academic year, and no student may receive more than one grant per academic year. (4) Students enrolled on less than a full-time but more than a half-time basis shall be eligible for prorated grants as determined by the commission. (5) A grant shall be awarded for not more than four academic years of credit, which shall be completed within twelve years of the initial award of such grant. Such grant may be renewed annually in accordance with criteria established by the commission in subsection (2) of this section and shall include the consideration of the student's performance and circumstances since the initial award of such grant. (6) Grants shall be transmitted to nonpublic institutions of higher education on behalf of in-state students at the time of registration by the students. (7) If an in-state student discontinues attendance at a nonpublic institution of higher education before the end of the academic term for which a grant has been transmitted on his behalf, the institution shall remit the unused portion of such student's grant to the commission as determined by the commission. Source: L. 86: Entire article added, p. 825, § 1, effective July 1. L. 2009: (2) amended, (HB 09-1267), ch. 348, p. 1825, § 7, effective June 1. Cross references: For the legislative declaration contained in the 2009 act amending subsection (2), see section 1 of chapter 348, Session Laws of Colorado 2009. 23-3.7-104. Determination of eligibility of institution. (Repealed) Source: L. 86: Entire article added, p. 826, § 1, effective July 1. L. 2009: Entire section repealed, (HB 09-1267), ch. 348, p. 1827, § 12, effective June 1. Colorado Revised Statutes 2019 Page 163 of 673 Uncertified Printout Cross references: For the legislative declaration contained in the 2009 act repealing this section, see section 1 of chapter 348, Session Laws of Colorado 2009. 23-3.7-105. Audit. The state auditor, in cooperation with the commission, shall establish procedures for biannual audits at institutions participating in the grant program. Source: L. 86: Entire article added, p. 826, § 1, effective July 1. 23-3.7-106. Rules. The commission shall promulgate such rules as may be necessary for the implementation of this article. Source: L. 86: Entire article added, p. 826, § 1, effective July 1. 23-3.7-107. Gifts and bequests to commission for grant program. The commission is authorized to receive gifts, grants, and bequests of money from any private source to be credited to the tuition assistance grant program cash fund, which is hereby created. The commission shall hold such funds, invest them, and use the principal thereof or the interest thereon in the awarding of grants pursuant to the provisions of this article. Source: L. 86: Entire article added, p. 826, § 1, effective July 1. ARTICLE 3.8 Teacher Tuition Scholarship Loan Program 23-3.8-101 to 23-3.8-107. (Repealed) Source: L. 94: Entire article repealed, p. 1797, § 12, effective May 31. Editor's note: This article was added in 1991. For amendments to this article prior to its repeal in 1994, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. ARTICLE 3.9 Educator Recruitment and Retention Programs PART 1 TEACHER LOAN FORGIVENESS PROGRAM 23-3.9-100.2. Legislative declaration. (1) The general assembly finds that: (a) Colorado suffers from a shortage of teachers and other educators due to various factors affecting the teaching profession, which include but are not limited to declining Colorado Revised Statutes 2019 Page 164 of 673 Uncertified Printout enrollment and completion of educator preparation programs, low educator compensation and benefits, an insufficient number of educators in certain content areas, and difficulty in filling educator positions in rural or isolated areas of the state; (b) Pursuant to House Bill 17-1003, enacted in 2017, the department of higher education and the department of education, with input from education and community stakeholders, analyzed teacher and other educator shortages and issued a report including recommendations for addressing these shortages; (c) As part of their findings, the department of higher education and the department of education determined that the state has educator shortages in early childhood education; science; mathematics; world languages; special education; and art, music, and drama; (d) Further, shortages in these content areas are more pronounced in rural and remote rural areas where school districts and rural schools face additional challenges, including inadequate teacher compensation, lack of affordable housing, and an inability to attract new teachers to rural communities; and (e) The department of higher education and the department of education found that one strategy for addressing teacher and other educator shortages in hard-to-fill positions due to teaching content area or geographic location is to offer loan repayment of educational loans for educators who serve in these hard-to-fill positions in the state. (2) Therefore, the general assembly declares that implementing a loan forgiveness program for educators employed in qualified positions in the state is necessary to ensure that the needs of students are met in all Colorado public schools. Source: L. 2019: Entire section added, (SB 19-003), ch. 333, p. 3075, § 1, effective May 29. 23-3.9-101. Definitions. As used in this part 1, unless the context otherwise requires: (1) "Approved program of preparation" means a program of study for preparation that is approved by the Colorado commission on higher education pursuant to section 23-1-121 and that upon completion leads to a recommendation for licensure by an accepted institution of higher education in Colorado. (2) "Commission" means the Colorado commission on higher education. (2.5) "Educator" means a teacher, principal, or special services provider, as those terms are defined in section 22-60.5-102; except that a special services provider need not be employed by a school district. (3) "Facility school" means an approved facility school as defined in section 22-2-402 (1), C.R.S. (3.5) Repealed. (3.7) "Qualified loan" means an educational loan incurred while completing an approved educator preparation program, as defined in section 23-1-121, or a bachelor's or master's degree in the area in which the educator is employed in a qualified position. The commission shall determine if a loan is a qualified loan for purposes of the educator loan forgiveness program created in section 23-3.9-102. (4) "Qualified position" means: Colorado Revised Statutes 2019 Page 165 of 673 Uncertified Printout (a) A hard-to-staff educator position in a rural school or rural school district or in a facility school that is in a rural school district identified by the department of education pursuant to section 23-3.9-102 (6); or (b) A hard-to-staff educator position in a Colorado public school, a school operated by a board of cooperative services created pursuant to article 5 of title 22, or a facility school in a content shortage area identified pursuant to section 23-3.9-102 (6). (5) "Rural school" or "rural school district" means a public school or school district identified by the department of education pursuant to section 23-3.9-102 (6). (6) "School" or "public school" means a public school as provided in section 22-1-101, including a charter school authorized by a school district pursuant to part 1 of article 30.5 of title 22, an institute charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of title 22, or a school operated by a board of cooperative services created and operating pursuant to article 5 of title 22. Source: L. 2001: Entire article added, p. 1503, § 30, effective June 8. L. 2005: (3.5) and (5) added and (4) amended, p. 533, § 1, effective August 8. L. 2008: (3) amended, p. 1409, § 64, effective May 27; (5) amended, p. 1627, § 1, effective August 5. L. 2018: IP amended, (HB 181002), ch. 257, p. 1586, § 2, effective May 25. L. 2019: (2.5), (3.7), and (6) added, (3.5) repealed, and (4) and (5) amended, (SB 19-003), ch. 333, p. 3076, § 2, effective May 29. 23-3.9-102. Educator loan forgiveness program - administration - fund - eligibility. (1) (a) The general assembly authorizes the commission to develop and maintain an educator loan forgiveness program for implementation beginning in the 2019-20 academic year for payment of all or part of the principal and interest of the qualified loans of an educator who is hired for a qualified position. Money in the educator loan forgiveness fund, created in subsection (1)(b) of this section, may be used only for repayment of qualified loans through the educator loan forgiveness program. The commission is authorized to seek, accept, and expend gifts, grants, and donations for the educator loan forgiveness program. The commission shall transmit all money received through gifts, grants, or donations to the state treasurer, who shall credit the money to the educator loan forgiveness fund, created in subsection (1)(b) of this section. The commission shall develop loan repayment policies that ensure that money in the educator loan forgiveness fund is used for the repayment of qualified loans of educators employed in qualified positions. (b) There is created the educator loan forgiveness fund, which consists of all money appropriated to the fund by the general assembly for the educator loan forgiveness program and any gifts, grants, and donations received for that purpose. Money in the fund is continuously appropriated to the department of higher education for the educator loan forgiveness program. At the end of any fiscal year, all unexpended and unencumbered money in the fund remains in the fund and shall not be credited or transferred to the general fund or any other fund; except that on August 30, 2033, any unexpended and unencumbered money in the fund shall be transferred to the general fund. (c) Subject to available appropriations, the commission shall annually approve applications for up to one hundred new participants in the educator loan forgiveness program. If more applicants apply than the number of new participants authorized for the applicable year, the commission shall: Colorado Revised Statutes 2019 Page 166 of 673 Uncertified Printout (I) First, approve applicants who have contracted for a qualified position in a rural school district or rural school and in a content shortage area; (II) Second, approve applicants who have contracted for a qualified position in a rural school district or rural school; and (III) Third, approve applicants who have contracted for a qualified position in a content shortage area. (2) In addition to any qualifications specified by the commission, to qualify for the educator loan forgiveness program, an educator shall: (a) Graduate from an approved educator preparation program, as defined in section 23-1121, or, if the applicant is a special services provider, satisfy the special services provider preparation requirements for licensure; (b) Meet licensure requirements pursuant to section 22-60.5-201 (1)(b) or (1)(c), section 22-60.5-301 (1)(a) or (1)(b), or section 22-60.5-210; (c) (I) Demonstrate professional competencies consistent with state board of education rules in the subject matter in which the educator obtains a qualified position; or (II) Be fully qualified under a training program approved by a federal court or agency or the state department of education; (d) Contract for a qualified position, as defined in section 23-3.9-101, no earlier than June 2019 and no later than the end of the 2027-28 academic year; and (e) (Deleted by amendment, L. 2019.) (f) Be liable for an outstanding balance on a qualified loan. (3) An educator who qualifies pursuant to subsection (2) of this section may be eligible for up to five thousand dollars in loan forgiveness for each year of employment in a qualified position for up to a total of five years. (3.5) (Deleted by amendment, L. 2019.) (4) If an educator qualifies for the educator loan forgiveness program through employment in a qualified position and in a subsequent academic year the position is no longer identified as a qualified position pursuant to subsection (6) of this section, the educator may continue to participate in the educator loan forgiveness program if the educator continues in the same position in the same location or in a different position that is a qualified position. (5) If an educator qualifies for the educator loan forgiveness program and subsequently transfers to a nonqualifying position, the educator forfeits participant status pursuant to this section. (6) (a) For purposes of defining a "qualified position" pursuant to subsection (4) of this section, the department of education shall annually identify: (I) Rural school districts based on the geographic size of the district and the distance of the district from the nearest large, urbanized area; (II) Rural schools, which may include but are not limited to individual schools of a school district even though the school district as a whole is not identified as a rural school district if the department of education determines that, as a function of geographic characteristics, the school is experiencing educator shortages that are not experienced by other schools of the school district; (III) Content shortage areas, which may include those identified by the department of higher education and department of education in their November 2017 report, "Colorado's Teacher Shortages: Attracting and Retaining Excellent Educators", as well as other content Colorado Revised Statutes 2019 Page 167 of 673 Uncertified Printout shortage areas specific to Colorado that develop over the course of the educator loan forgiveness program. The department of education may identify content shortage areas generally and for specific geographic areas of the state. (IV) Hard-to-fill educator positions due to geography or content shortage area, or both. (b) As part of its annual identification of rural schools, school districts, and content shortage areas, the department of education shall consider education and community stakeholder feedback. Source: L. 2001: Entire article added, p. 1503, § 30, effective June 8. L. 2002: (2)(c)(II) amended, p. 1794, § 57, effective June 7. L. 2004: (1)(a) and (2)(d) amended, p. 443, § 1, effective April 13; (1)(a) amended, p. 574, § 30, effective July 1. L. 2005: (2)(c)(II) and (2)(d) amended and (2)(e), (2)(f), (4), (5), and (6) added, p. 534, §§ 2, 3, effective August 8. L. 2008: (1)(b) and (2)(d)(III) amended and (3.5) added, p. 1627, § 2, effective August 5. L. 2019: Entire section amended, (SB 19-003), ch. 333, p. 3077, § 3, effective May 29. Editor's note: Amendments to subsection (1)(a) by House Bill 04-1350 and House Bill 04-1039 were harmonized. 23-3.9-103. Reporting. Notwithstanding the provisions of section 24-1-136 (11)(a)(I) to the contrary, on or before December 15, 2019, and on or before December 15 each year thereafter in which an educator is participating in the program, the commission shall prepare an annual report that includes, but is not limited to, the content shortage areas identified by the department of education; the number of applications received and the number of participants awarded loan forgiveness, the public schools in which the participants are employed, and demographic information for the participants; the approved teacher preparation program attended by the participants; and the amount of money applied toward loan forgiveness and the sources of the money. The report must also include, for all participants awarded loan forgiveness, the length of time each participant has remained in the program and has remained teaching in the public school or within the same school district. The commission shall provide notice to the education committees of the senate and the house of representatives, or any successor committees, that the report is available to the members of the committees upon request. Source: L. 2001: Entire article added, p. 1504, § 30, effective June 8. L. 2005: Entire section amended, p. 862, § 5, effective June 1. L. 2019: Entire section amended, (SB 19-003), ch. 333, p. 3080, § 4, effective May 29. 23-3.9-104. Repeal of part. This part 1 is repealed, effective September 1, 2033. Source: L. 2001: Entire article added, p. 1504, § 30, effective June 8. L. 2005: Entire section amended, p. 535, § 4, effective August 8. L. 2008: Entire section amended, p. 1628, § 3, effective August 5. L. 2018: Entire section amended, (HB 18-1002), ch. 257, p. 1586, § 3, effective May 25. L. 2019: Entire section amended, (SB 19-003), ch. 333, p. 3080, § 5, effective May 29. Colorado Revised Statutes 2019 Page 168 of 673 Uncertified Printout PART 2 TEACHING FELLOWSHIP PROGRAMS 23-3.9-201 to 23-3.9-207. (Repealed) Source: L. 2019: Entire part repealed, (SB 19-190), ch. 153, p. 1821, § 5, effective May 10. Editor's note: This part 2 was added in 2018 and was not amended prior to its repeal in 2019. For the text of this part 2 prior to 2019, consult the 2018 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume. ARTICLE 4 Trafficking in Academic Materials 23-4-101. Legislative declaration. The general assembly hereby declares that the practice of trafficking in academic materials, commonly referred to as ghostwriting, serves no legitimate purpose and tends to undermine the academic process to the detriment of students, the academic community, and the public and that such practice should not be permitted to continue. Source: L. 73: p. 1346, § 1. C.R.S. 1963: § 124-28-1. 23-4-102. Definitions. As used in this article 4, unless the context otherwise requires: (1) "Assignment" means any specific written, recorded, pictorial, artistic, or other academic task, including but not limited to a term paper, thesis, dissertation, essay, or report intended for submission to any institution of higher education in fulfillment of the requirements for a degree, diploma, certificate, or course of study. (2) "Entity" means a partnership, corporation, or association. (3) "Institution of higher education" means a state institution of higher education as defined in section 23-18-102 (10)(a), a local district college, an area technical college, a technical college, and any nonpublic institution of higher education as defined in section 23-3.7102 (3). (4) "Prepare" means to put into condition for intended use. "Prepare" does not include the mere furnishing of information or research. (5) "Sale" or "sell" means any transfer, exchange, or barter, in any manner, for any consideration, or by any agreement. Source: L. 73: p. 1346, § 1. C.R.S. 1963: § 124-28-2. L. 2018: Entire section R&RE, (HB 18-1252), ch. 276, p. 1746, § 1, effective August 8. 23-4-103. Preparation, sale, and distribution of academic materials - advertising. (1) A person or entity shall not prepare, offer to prepare, cause to be prepared, sell, or distribute Colorado Revised Statutes 2019 Page 169 of 673 Uncertified Printout any assignment for another person for a fee or other compensation with the knowledge, or under circumstances in which he or she should reasonably have known, that such assignment is to be submitted by any other person for academic credit at any institution of higher education in this state. (1.5) A person or entity shall not prepare, sell, or offer to sell to another person a document or service that provides answers for, or completes on behalf of a student, an online exam that is administered pursuant to a course of study at any institution of higher education. (2) A person or entity shall not make or disseminate, with the intent to induce any other person to enter into any obligation relating thereto, any statement, written or oral, that he or she will prepare, cause to be prepared, sell, or distribute any assignment or answer to an online exam for a fee or other compensation for or on behalf of any person who has been assigned the written preparation of such assignment or answer to an online exam for academic credit at any institution of higher education in this state. Source: L. 73: p. 1346, § 1. C.R.S. 1963: § 124-28-3. L. 2018: Entire section amended, (HB 18-1252), ch. 276, p. 1747, § 2, effective August 8. 23-4-104. Injunctions. (1) Any court of competent jurisdiction may grant such relief as is necessary to enforce the provisions of this article, including the issuance of an injunction. (2) Actions for injunction under the provisions of this article 4 may be brought in the name of the people of the state of Colorado by the attorney general or by the district attorney for the judicial district in which the conduct to be enjoined took place or by any institution of higher education acting for the interest of itself, its students, or the general public. Source: L. 73: p. 1347, § 1. C.R.S. 1963: § 124-28-4. L. 2018: (2) amended, (HB 181252), ch. 276, p. 1747, § 3, effective August 8. 23-4-104.5. Civil penalty. The attorney general may bring a civil action on behalf of the state to seek the imposition of a civil penalty for any violation of this article 4. The court, upon finding a violation of this article 4, shall impose a civil penalty to be paid to the general fund of the state in an amount not to exceed seven hundred fifty dollars for each such violation. Source: L. 2018: Entire section added, (HB 18-1252), ch. 276, p. 1747, § 4, effective August 8. 23-4-105. Other remedies. The provisions of this article are not exclusive. Nothing in this article shall be construed to preempt or in any other way to limit, diminish, or imply the absence of rights of any party, public or private, against any person in connection with any of the acts described in section 23-4-103. Source: L. 73: p. 1347, § 1. C.R.S. 1963: § 124-28-5. 23-4-105.5. Exceptions. (1) It is not a violation of this article 4 if a person or entity renders for a fee: Colorado Revised Statutes 2019 Page 170 of 673 Uncertified Printout (a) Tutorial assistance if the assistance is not intended to be submitted in whole or in substantial part as an assignment or as an answer to an online exam; or (b) Service in the form of typing, transcribing, assembling, reproducing, or editing an assignment or answer to an online exam if this service is not intended to make substantive changes in the assignment or answer to an online exam. (2) This article 4 does not apply to a person who is enrolled for educational purposes. Source: L. 2018: Entire section added, (HB 18-1252), ch. 276, p. 1747, § 5, effective August 8. 23-4-106. Construction of article. This article shall be liberally construed in order to prevent the practices described therein. Source: L. 73: p. 1347, § 1. C.R.S. 1963: § 124-28-6. ARTICLE 4.5 Open Educational Resources 23-4.5-101. Legislative declaration. (1) The general assembly finds that: (a) Student expenditures on textbooks and other educational materials represent a significant portion of student educational costs, adding up to, on average, an additional twentytwo percent above the cost of tuition and fees for a first-year community college student. Research concerning the use of open educational resources indicates the use of these resources results in significant savings for students. (b) Research also indicates that, because of the cost of textbooks and other materials, students often do not buy textbooks or course materials, resulting in poor academic performance, including failing course grades. Other studies indicate that students take fewer courses or drop courses because of the cost of textbooks and materials, extending the time to graduation. (c) Several institutions of higher education across the country have begun participating in open educational resources consortia that make textbooks, course activities, and readings available to students online for no cost, resulting in significant student savings. States and institutions are also beginning to offer entire courses, sections, and even degrees that are branded as having zero textbook costs. (2) The general assembly finds, therefore, that it is appropriate to establish the Colorado open educational resources council to recommend statewide policies concerning promoting the use of open educational resources, facilitate knowledge sharing and professional development to increase and support the statewide use of open educational resources, and implement a statewide grant program for public institutions of higher education, faculty, and staff to create and expand the use of open educational resources. Source: L. 2018: Entire article added, (HB 18-1331), ch. 186, p. 1252, § 1, effective April 30. Colorado Revised Statutes 2019 Page 171 of 673 Uncertified Printout 23-4.5-102. Definitions. As used in this article 4.5, unless the context otherwise requires: (1) "Commission" means the Colorado commission on higher education created in section 23-1-102. (2) "Council" means the Colorado open educational resources council created in section 23-4.5-103. (3) "Department" means the department of higher education created in section 24-1-114. (4) "Executive director" means the executive director of the department of higher education. (5) "Grant program" means the open educational resources grant program created in section 23-4.5-104. (6) "Open educational resources" means high-quality teaching, learning, and research resources that reside in the public domain or have been released under an intellectual property license that permits free use or repurposing by others and may include other resources that are legally available and available to students for free or very low cost. Open educational resources may include full courses, course materials, modules, textbooks, faculty-created content, streaming videos, exams, software, and other tools, materials, or techniques used to support access to knowledge. (7) "Public institution of higher education" means the state institutions of higher education, as defined in section 23-18-102 (10)(a), the local district colleges, and the area technical colleges. Source: L. 2018: Entire article added, (HB 18-1331), ch. 186, p. 1253, § 1, effective April 30. 23-4.5-103. Colorado open educational resources council - created - duties - report. (1) There is created in the department of higher education the Colorado open educational resources council, which is composed of the following members: (a) Twelve persons from public institutions of higher education appointed by the executive director as follows: (I) Five faculty members; (II) Three library professionals; (III) One person enrolled as a student at a public institution of higher education; (IV) One instructional design expert; (V) One informational technology expert; and (VI) One administrator; (b) The executive director of the department, or his or her designee; (c) The commissioner of education appointed pursuant to section 1 (2) of article IX of the state constitution, or his or her designee; and (d) The person executing the duties of the state librarian, if different from the commissioner of education as provided in section 24-90-104, or his or her designee. (2) (a) The term of service for the appointed members of the council is three years. The executive director may appoint the same person to serve multiple, consecutive terms. (b) The executive director shall appoint the members of the council by July 1, 2018, taking into account any nominations received from the public institutions of higher education. In Colorado Revised Statutes 2019 Page 172 of 673 Uncertified Printout appointing the members of the council, the executive director shall ensure that the council includes at least three representatives from two-year public institutions of higher education and at least three representatives from four-year public institutions of higher education, including research universities. To the extent practicable, the executive director shall appoint persons from areas throughout the state who are representative of the demographics of the state. (3) The executive director shall convene the first meeting of the council as soon as practicable after the council members are appointed, but no later than August 30, 2018. At the first meeting and annually thereafter, the council members shall select a member to serve as chair of the council and a member to serve as vice-chair of the council. The council shall meet as often as necessary at the call of the chair to complete its duties. (4) The members of the council serve without compensation but may be reimbursed for reasonable and necessary expenses incurred in serving on the council, as determined by the department. The department shall provide staff and resources to support the council in completing its duties and to assist the public institutions of higher education throughout the state in developing and expanding the use of open educational resources. (5) The council has the following duties: (a) To recommend to the commission statewide policies for promoting adaptation, creation, and use of open educational resources at public institutions of higher education across the state; (b) To facilitate professional development and the sharing of knowledge concerning creating and using open educational resources for public institutions of higher education, faculty, staff, and students, which may include: (I) Developing informational materials about open educational resources to distribute to public institutions of higher education across the state for use and adaptation as appropriate; (II) Creating and maintaining a website to link to the materials that the council develops, other open educational resources, and any existing institutional open educational resources databases; and (III) Convening regular meetings, which may include convening open educational resources interest groups to share information and ideas, including through meetings, workshops, conferences, webinars, and an annual open educational resources conference for higher education faculty, instructional designers, librarians, campus administrators, secondary educators who teach concurrent enrollment courses, and other relevant staff; (c) To implement the open educational resources grant program created in section 234.5-104 and ensure that faculty and students at public institutions of higher education across the state can easily identify and access the open educational resources developed using grant money; (d) To advise the department concerning allocation of the money appropriated for the purposes of this article 4.5 to pay the costs of the grant program, convening interest groups, and providing staff support; and (e) To prepare and submit an annual report concerning the use of open educational resources at the public institutions of higher education in the state, as described in section 234.5-105. (6) The general assembly may annually appropriate to the department such amount as it deems appropriate for the purposes specified in this article 4.5, including the grant program. Any unexpended and unencumbered money from an appropriation made for the purposes of this Colorado Revised Statutes 2019 Page 173 of 673 Uncertified Printout article 4.5 remains available for expenditure by the department for the purposes of this article 4.5 in the next fiscal year without further appropriation. Source: L. 2018: Entire article added, (HB 18-1331), ch. 186, p. 1253, § 1, effective April 30. 23-4.5-104. Open educational resources grant program - created - report. (1) There is created in the department of higher education the open educational resources grant program to provide funding for public institutions of higher education, faculty, and staff to create and expand the use of open educational resources across institutions around the state. The grant program consists of grants to: (a) Public institutions of higher education to support creating, adapting, and promoting the use of open educational resources at the institution or on a campus; and (b) Faculty and staff of public institutions of higher education, individually or in small groups, to support the creating, adapting, and promoting of open educational resources. (2) (a) The council, working with the department, shall develop timelines and procedures by which public institutions of higher education, faculty, and staff may apply for a grant, including the information that must be included in an application and the deadlines for submitting applications. (b) An application for an institutional grant may include: (I) Evidence of the existence of an open educational resources council or committee at the applying institution or campus; (II) Identification of library, instructional design, and administrative staffing to support the open educational resources initiative for which a grant is requested; (III) The manner in which the courses that use open educational resources will be identified for students prior to the time of course registration, which may include identification in the schedule of classes; (IV) A plan for expanding the adoption of open educational resources across the campus or institution that receives the grant, which may include awarding grants to faculty members, reducing a faculty member's required teaching hours, or providing other incentives to faculty for adapting and developing open educational resources; (V) The manner in which the grant recipient will evaluate the success of the open educational resources initiative; and (VI) A plan for and commitment to sustaining the open educational resources initiative after the grant is completed. (c) An application for a faculty or staff grant, whether individual or small group, may include: (I) Information concerning the textbooks and other materials in use at the time the grant is received, the costs of the textbooks and materials, and how the applicant expects to use the grant money to adapt or develop open educational resources to replace the textbooks and other materials; (II) The manner in which the grant recipients will evaluate the use of the open educational resources developed using the grant, including the number of students who are affected and the cost savings to students as a result of the open educational resources developed using the grant; and Colorado Revised Statutes 2019 Page 174 of 673 Uncertified Printout (III) The plan for ensuring that open educational resources that are adapted or developed using the grant money are publicized and made available to other faculty and students within the public institution of higher education and other public institutions of higher education. (3) (a) The council shall review the grant applications received and recommend to the commission applicants to which the commission may choose to award grants and the amount of each grant. Subject to available appropriations, the commission shall award grants through the grant program. The commission shall take into account, but is not bound by, the recommendations of the council. In making recommendations and awarding grants, the council and the commission shall consider whether the application: (I) Affects courses with high student enrollment or high textbook or materials costs; (II) Affects high-impact courses such as the core courses described in section 23-1-125 (3) or courses included in concurrent enrollment agreements entered into pursuant to article 35 of title 22; and (III) Supports adaptation or development of open educational resources by teams of faculty, librarians, and instructional designers within a public institution of higher education or across multiple institutions, making it more likely that the resources will be used in multiple courses or sections. (b) The commission shall adopt guidelines to address potential conflicts of interest for members of the council that may arise in recommending applicants to receive grants. (4) Each grant recipient, as a condition of receiving the grant, must: (a) Submit to the council data concerning the number of students affected by open educational resources developed or adapted using the grant, the estimated amount of student savings that results from using the open educational resources, and measures of the effectiveness of the grant project; (b) Agree to openly license and share, under the broadest possible license, any open educational resources developed or adapted using the grant; (c) Agree to comply with the guidelines and parameters adopted by the council pursuant to subsection (6) of this section for implementing the grants; (d) Post new or adapted open educational resources to an open repository in editable file formats or with source code; and (e) Comply with the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., as amended, to enable persons with disabilities to access the open educational resources developed or adapted using the grant. (5) The council shall summarize the information received from grant recipients as described in subsection (4)(a) of this section and include the summarized information in the annual report required in section 23-4.5-105. (6) The council shall adopt guidelines and parameters by which grant recipients must implement the grant-funded open educational resources initiatives to ensure that the impact on students of the initiatives may be consistently measured and compared across public institutions of higher education. Source: L. 2018: Entire article added, (HB 18-1331), ch. 186, p. 1256, § 1, effective April 30. Colorado Revised Statutes 2019 Page 175 of 673 Uncertified Printout 23-4.5-105. Council report. (1) Notwithstanding the provisions of section 24-1-136 (11)(a)(I), on or before October 1, 2019, and on or before October 1 each year thereafter, the council shall prepare and submit to the commission, the joint budget committee, and the education committees of the senate and the house of representatives, or any successor committees, a report concerning implementation and development of open educational resources around the state. The public institutions of higher education shall collaborate with the council in providing the information necessary for the report. At a minimum, the report must include: (a) The degree to which all public institutions of higher education are adopting open educational resources support programs and ensuring universal awareness of open educational resources among faculty and students; (b) The number and percentage of the courses offered by the public institutions of higher education that use open educational resources as the primary resources for the course; (c) The open educational resources created and shared by grant recipients; (d) The number of open educational resources revised and adopted by grant recipients; (e) For public institutions of higher education that receive a grant or that employ faculty or staff that receive a grant, the course enrollment, completion, and pass rates for courses that use open educational resources compared to courses that do not use these resources; and (f) The summarized information concerning implementation of the grant program as described in section 23-4.5-104 (4)(a) and (5). Source: L. 2018: Entire article added, (HB 18-1331), ch. 186, p. 1258, § 1, effective April 30. 23-4.5-106. Repeal of article. This article 4.5 is repealed, effective November 1, 2021. Source: L. 2018: Entire article added, (HB 18-1331), ch. 186, p. 1259, § 1, effective April 30. ARTICLE 5 General Provisions 23-5-101. Colorado educational institutions - annual reports. (Repealed) Source: L. 15: p. 365, § 1. C.L. § 320. CSA: C. 153, § 60. CRS 53: § 124-1-1. L. 61: pp. 708, 709, §§ 1, 3. C.R.S. 1963: § 124-1-1. L. 64: p. 170, § 134. L. 75: Entire section amended, p. 743, § 1, effective June 16. L. 77: Entire section amended, p. 1094, § 3, effective July 1. L. 78: Entire section amended, p. 376, § 1, effective March 30. L. 83: Entire section amended, p. 833, § 37, effective July 1. L. 85: Entire section amended, p. 769, § 26, effective July 1. L. 88: Entire section amended, p. 857, § 5, effective July 1. L. 90: Entire section amended, p. 1154, § 3, effective July 1. L. 94: Entire section repealed, p. 1796, § 8, effective May 31. 23-5-101.5. Enterprise status of auxiliary facilities - definitions. (1) Any auxiliary facility or group of auxiliary facilities with similar functions which is managed by the governing Colorado Revised Statutes 2019 Page 176 of 673 Uncertified Printout body of an institution of higher education or by the board of directors of the Auraria higher education center may be designated as an enterprise for the purposes of section 20 of article X of the state constitution so long as the governing body of the institution of higher education or the board of directors of the Auraria higher education center, whichever manages such auxiliary facility or group of auxiliary facilities, retains the authority to issue revenue bonds on behalf of such auxiliary facility or group of auxiliary facilities and such auxiliary facility or group of auxiliary facilities receives less than ten percent of its total annual revenues in grants from all Colorado state and local governments combined. The general assembly hereby finds and declares that, for the purposes of determining whether an auxiliary facility or group of auxiliary facilities may be designated as an enterprise, it is sufficient that the governing body of an institution of higher education or the board of directors of the Auraria higher education center, whichever manages such auxiliary facility or group of auxiliary facilities, has authority to issue revenue bonds on behalf of such auxiliary facility or group of auxiliary facilities. So long as it is designated as an enterprise pursuant to the provisions of this section, an auxiliary facility or group of auxiliary facilities shall not be subject to any of the provisions of section 20 of article X of the state constitution. (1.5) In pledging revenues for the repayment of revenue bonds issued on behalf of any auxiliary facility or group of auxiliary facilities that is designated as an enterprise, the institution of higher education and the auxiliary facility or group of auxiliary facilities may pledge internal revenues only if the auxiliary facility or group of auxiliary facilities: (a) Is accounted for separately in institutional financial records; (b) Is self-supporting from revenues received as gifts from nongovernmental sources or in exchange for goods and services; and (c) Engages in the type of activities that are commonly carried on for profit outside the public sector. (2) As used in this section and sections 23-5-101.7 to 23-5-105.5: (a) "Auxiliary facility" means any student or faculty housing facility; student or faculty dining facility; recreational facility; student activities facility; child care facility; continuing education facility or activity; intercollegiate athletic facility or activity; health facility; alternative or renewable energy producing facility, including but not limited to, a solar, wind, biomass, geothermal, or hydroelectric facility; college store; or student or faculty parking facility; or any similar facility or activity that has been historically managed, and was accounted for in institutional financial statements prepared for fiscal year 1991-92, as a self-supporting facility or activity, including any additions to and any extensions or replacements of any such facility on any campus under the control of the governing board managing such facility. "Auxiliary facility" shall also mean any activity undertaken by the governing board of any statesupported institution of higher education as an eligible lender participant pursuant to parts 1 and 2 of article 3.1 of this title. (b) (I) "Grant" means any direct cash subsidy or other direct contribution of money from the state or any local government in Colorado which is not required to be repaid. (II) "Grant" does not include: (A) Any indirect benefit conferred upon an auxiliary facility, or group of auxiliary facilities or an institution or group of institutions from the state or any local government in Colorado, including any interest in or use of existing facilities owned, funded, or financed by the governing board of an institution, the state, or any local government in Colorado; Colorado Revised Statutes 2019 Page 177 of 673 Uncertified Printout (B) Any revenues resulting from market exchanges such as rates, fees, assessments, tuition, or other charges imposed by an auxiliary facility, or group of auxiliary facilities or by an institution or group of institutions for the provision of goods or services by such auxiliary facility, group of auxiliary facilities, institution or group of institutions, including services to the state or a local government in Colorado and fees paid to the auxiliary facility or group of auxiliary facilities for internal services provided to the institution of higher education with which the auxiliary facility is associated; (C) Any federal funds, regardless of whether such federal funds pass through the state or any local government in Colorado prior to receipt by an auxiliary facility, group of auxiliary facilities, institution, or group of institutions; (D) Fees received by an institution pursuant to a fee-for-service contract between the department of higher education and the institution or the institution's governing board; (E) Revenues received by an institution or group of institutions that have been paid on behalf of an eligible undergraduate student from the college opportunity fund pursuant to article 18 of this title. (c) "Internal revenues" means revenues received in exchange for the provision of goods or services to the institution of higher education with which the auxiliary facility or group of auxiliary facilities is associated; except that revenues received from another auxiliary facility or group of auxiliary facilities that has been designated as an enterprise are not "internal revenues". (3) (a) The governing body of an institution of higher education or the board of directors of the Auraria higher education center may, by resolution, designate any auxiliary facility or group of auxiliary facilities with similar functions managed by such governing body or board of directors, as applicable, as an enterprise so long as such auxiliary facility or group of auxiliary facilities meets the requirements for an enterprise as stated in subsection (1) of this section. The designation of a group of auxiliary facilities with similar functions may include auxiliary facilities that are located at one or more campuses or institutions under the jurisdiction of the governing body or board of directors. Except as provided in paragraph (b) of this subsection (3), any such designation of an auxiliary facility or group of auxiliary facilities in accordance with the requirements of this paragraph (a) shall not terminate, expire, or be rescinded as long as the auxiliary facility or group of auxiliary facilities meets the requirements for an enterprise. (b) All designations adopted pursuant to paragraph (a) of this subsection (3) shall be submitted by the adopting body to the office of the state auditor in the form and manner prescribed by the legislative audit committee. Said designations shall be reviewed by said office to determine whether said designations are within the authority of the adopting body pursuant to the provisions of this section and for later review by the legislative audit committee for its opinion as to whether the designations conform with the provisions of this section. The official certificate of the state auditor as to the fact of submission or the date of submission of a designation as shown by the records of the office of the state auditor, as well as to the fact of nonsubmission as shown by the nonexistence of such records, shall be received and held in all civil cases as competent evidence of the facts contained therein. Any such designation adopted by a governing body of an institution of higher education or by the board of directors of the Auraria higher education center without being so submitted within twenty days after adoption to the office of the state auditor for review by said office and by the legislative audit committee shall be void. The findings of the office of the state auditor shall be presented to said committee at a public meeting held after timely notice to the public and affected adopting bodies. The Colorado Revised Statutes 2019 Page 178 of 673 Uncertified Printout legislative audit committee shall, on affirmative vote, submit such designations, comments, and any proposed legislation at the next regular session of the general assembly. Any member of the general assembly may introduce a bill which rescinds any designation. Rejection of such a bill does not constitute legislative approval of such designation. Each adopting body shall revise its designations to conform with the action taken by the general assembly. For the purpose of performing the functions assigned it by this paragraph (b), the legislative audit committee, with the approval of the speaker of the house of representatives and the president of the senate, may appoint subcommittees from the membership of the general assembly. (4) The following auxiliary facilities are designated as enterprises in accordance with the requirements of this section: (a) Auraria higher education center: (I) Parking; (II) Student facilities; (III) Reprographics; and (IV) Other auxiliaries; (V) and (VI) (Deleted by amendment, L. 97, p. 1407, § 6, effective July 1, 1997.) (b) University of Colorado: (I) Auxiliary facilities; (II) Education services; (III) Research support services; and (IV) Other self-funded services; (c) Colorado school of mines: (I) Student and faculty services; (II) Continuing education; (III) General operations; and (IV) Research revolving; (d) University of northern Colorado: (I) Continuing education; and (II) to (IV) (Deleted by amendment, L. 98, p. 218, § 1, effective April 10, 1998.) (V) (Deleted by amendment, L. 2004, p. 110, § 1, effective March 17, 2004.) (VI) Auxiliary facilities; (e) Colorado community college and occupational education system: (I) (Deleted by amendment, L. 98, p. 218, § 1, effective April 10, 1998.) (II) Continuing education; (III) Student and faculty services; (IV) (Deleted by amendment, L. 97, p. 1407, § 6, effective July 1, 1997.) (V) Tec operations; and (VI) Lowry enterprise; (f) Colorado state university system: (I) Student and faculty operations and activities; (II) Continuing education; (III) (Deleted by amendment, L. 97, p. 1407, § 6, effective July 1, 1997.) (IV) Research building revolving fund; and (V) Colorado state forest service seedling tree nursery; (g) Adams state university: Colorado Revised Statutes 2019 Page 179 of 673 Uncertified Printout (I) Student and faculty services; and (II) Continuing education; (h) Colorado Mesa university: (I) Student and faculty services; (II) Continuing education; and (III) Other self-funded services; (i) Metropolitan state university of Denver: (I) Student and faculty services; and (II) Continuing education; (j) Western Colorado university: (I) Student and faculty services; and (II) Continuing education; and (k) Fort Lewis college: (I) Student and faculty operations and activities; and (II) Continuing education. (5) Notwithstanding paragraph (a) of subsection (3) of this section relating to the designation of auxiliary facilities as enterprises, those auxiliary facilities of Fort Lewis college, which were a part of the Colorado state university system enterprise pursuant to paragraph (f) of subsection (4) of this section, shall, as they relate to Fort Lewis college, be designated enterprises of the board of trustees for Fort Lewis college, established in section 23-52-102. (6) Notwithstanding subsection (3)(a) of this section relating to the designation of auxiliary facilities as enterprises: (a) Any auxiliary facilities of Adams state university that were a part of any state colleges enterprise pursuant to paragraph (g) of subsection (4) of this section in existence prior to the establishment of the board of trustees of Adams state university in section 23-51-102 shall, as they relate to Adams state university, be designated enterprises of the board of trustees of Adams state university. (b) Any auxiliary facilities of Colorado Mesa university that were part of Mesa state college that were a part of any state colleges enterprise pursuant to paragraph (g) of subsection (4) of this section in existence prior to the establishment of the board of trustees of Colorado Mesa university in section 23-53-102 shall, as they relate to Colorado Mesa university, be designated enterprises of the board of trustees of Colorado Mesa university. (c) Any auxiliary facilities of Metropolitan state university of Denver that were a part of any state colleges enterprise established under law in existence prior to the establishment of the board of trustees of Metropolitan state university of Denver in section 23-54-102 shall, as they relate to Metropolitan state university of Denver, be designated enterprises of the board of trustees of Metropolitan state university of Denver. (d) Any auxiliary facilities of Western Colorado university that were a part of any state colleges enterprise pursuant to subsection (4)(g) of this section in existence prior to the establishment of the board of trustees of Western Colorado university in section 23-56-102 shall, as they relate to Western Colorado university, be designated enterprises of the board of trustees of Western Colorado university. Source: L. 93: Entire section added, p. 1820, § 1, effective June 6. L. 94: (4) added, p. 624, § 1, effective April 14; (2)(a), (2)(b)(II)(B), and (3)(a) amended, p. 1677, § 3, effective May Colorado Revised Statutes 2019 Page 180 of 673 Uncertified Printout 31. L. 97: (1.5), (2)(c), and (4)(e)(VI) added and (4)(a)(III), (4)(a)(V), (4)(a)(VI), (4)(e)(IV), (4)(e)(V), (4)(f)(II), and (4)(f)(III) amended, p. 1407, §§ 4, 5, 6, effective July 1. L. 98: (4) amended, p. 218, § 1, effective April 10. L. 2002: (2)(a) amended, p. 962, § 3, effective June 1; (4)(h) and (5) added, pp. 1260, 1261, §§ 19, 20, effective July 1. L. 2003: IP(4)(g) amended, p. 789, § 8, effective July 1. L. 2004: (4)(d)(I), (4)(d)(V), (4)(g), and (4)(h) amended and (4)(i), (4)(j), (4)(k), and (6) added, pp. 110, 111, §§ 1, 2, effective March 17; (2)(b)(II) amended, p. 720, § 9, effective July 1. L. 2009: (3)(a) and (4) amended, (HB 09-1229), ch. 167, p. 734, § 1, effective April 22. L. 2010: (2)(a) amended, (SB 10-003), ch. 391, p. 1859, § 41, effective June 9. L. 2011: IP(4)(h) and (6)(b) amended, (SB 11-265), ch. 292, p. 1366, § 18, effective August 10. L. 2012: (4)(g) and (6)(a) amended, (HB 12-1080), ch. 189, p. 758, § 13, effective May 19; IP(4)(i) and (6)(c) amended, (SB 12-148), ch. 125, p. 425, § 9, effective July 1; IP(4)(j) and (6)(d) amended, (HB 12-1331), ch. 254, p. 1269, § 11, effective August 1. L. 2019: IP(4), IP(4)(j), IP(6), and (6)(d) amended, (HB 19-1178), ch. 400, p. 3545, § 11, effective July 1. Cross references: For the legislative declaration contained in the 2002 act enacting subsections (4)(h) and (5), see section 1 of chapter 303, Session Laws of Colorado 2002. For the legislative declaration contained in the 2004 act amending subsection (2)(b)(II), see section 1 of chapter 215, Session Laws of Colorado 2004. For the legislative declaration in the 2010 act amending subsection (2)(a), see section 1 of chapter 391, Session Laws of Colorado 2010. For the legislative declaration in the 2011 act amending the introductory portion to subsection (4)(h) and subsection (6)(b), see section 1 of chapter 292, Session Laws of Colorado 2011. For the legislative declaration in the 2012 act amending the introductory portion to subsection (4)(i) and subsection (6)(c), see section 1 of chapter 125, Session Laws of Colorado 2012. 23-5-101.7. Enterprise status of institutions of higher education. (1) As used in this section, unless the context otherwise requires, "institution of higher education" or "institution" means the Colorado state university - Pueblo, Adams state university, Colorado Mesa university, Metropolitan state university of Denver, Fort Lewis college, Western Colorado university, the university of northern Colorado, Colorado school of mines, the university of Colorado, Colorado state university, and all community colleges governed by the state board for community colleges and occupational education. (2) An institution of higher education, or a group of institutions of higher education that is managed by a single governing board, may be designated as an enterprise for the purposes of section 20 of article X of the state constitution so long as the governing board of the institution or group of institutions retains authority to issue revenue bonds on behalf of the institution or group of institutions and the institution or group of institutions receives less than ten percent of its total annual revenues in grants from all Colorado state and local governments combined. So long as it is designated as an enterprise pursuant to the provisions of this section, an institution or group of institutions shall not be subject to any of the provisions of section 20 of article X of the state constitution. (3) In pledging revenues for the repayment of revenue bonds issued on behalf of an institution of higher education or group of institutions of higher education that is designated as an enterprise, the institution or group of institutions may pledge internal revenues only if the institution or group of institutions: (a) Is accounted for separately in institutional financial records; and Colorado Revised Statutes 2019 Page 181 of 673 Uncertified Printout (b) Engages in the type of activities that are commonly carried on for profit outside the public sector. (4) (a) The governing board of an institution of higher education may, by resolution, designate an institution of higher education or group of institutions of higher education managed by the governing board as an enterprise so long as the institution or group of institutions meets the requirements for an enterprise stated in subsection (2) of this section. Except as provided in paragraph (b) of this subsection (4), any such enterprise designation shall not terminate, expire, or be rescinded as long as the institution or group of institutions meets the requirements for an enterprise. (b) All resolutions adopted pursuant to paragraph (a) of this subsection (4) shall be submitted by the adopting governing board to the office of the state auditor in the form and manner prescribed by the legislative audit committee. The designations shall be reviewed by the office of the state auditor to determine whether the designations are within the authority of the adopting governing board pursuant to the provisions of this section. The legislative audit committee shall also review the designations to determine whether the designations conform with the provisions of this section. The official certificate of the state auditor as to the fact of submission or the date of submission of a designation as shown by the records of the office of the state auditor, as well as to the fact of nonsubmission as shown by the nonexistence of such records, shall be received and held in all civil cases as competent evidence of the facts contained therein. A designation adopted by a governing board of an institution or group of institutions of higher education without being submitted within twenty days after adoption to the office of the state auditor for review by the office and by the legislative audit committee shall be void. (5) Repealed. Source: L. 2004: Entire section added, p. 719, § 8, effective July 1; (5) repealed, p. 1936, § 5, effective July 1. L. 2011: (1) amended, (SB 11-265), ch. 292, p. 1366, § 19, effective August 10. L. 2012: (1) amended, (HB 12-1080), ch. 189, p. 758, § 14, effective May 19; (1) amended, (SB 12-148), ch. 125, p. 426, § 10, effective July 1; (1) amended, (HB 12-1331), ch. 254, p. 1270, § 12, effective August 1. L. 2019: (1) amended, (HB 19-1178), ch. 400, p. 3545, § 12, effective July 1. Editor's note: Amendments to subsection (1) by House Bill 12-1080, Senate Bill 12148, and House Bill 12-1331 were harmonized. Cross references: For the legislative declaration contained in the 2004 act enacting this section, see section 1 of chapter 215, Session Laws of Colorado 2004. For the legislative declaration contained in the 2004 act repealing subsection (5), see section 1 of chapter 391, Session Laws of Colorado 2004. For the legislative declaration in the 2011 act amending subsection (1), see section 1 of chapter 292, Session Laws of Colorado 2011. For the legislative declaration in the 2012 act amending subsection (1), see section 1 of chapter 125, Session Laws of Colorado 2012. 23-5-101.8. Enterprise status of institutions of higher education - loans - bonds. (Repealed) Colorado Revised Statutes 2019 Page 182 of 673 Uncertified Printout Source: L. 2004: Entire section added, p. 1932, § 2, effective (see editor's note). Editor's note: Section 23-5-101.9 provided for the repeal of this section, effective July 1, 2007. (See L. 2004, p. 1935.) 23-5-101.9. Repeal. (Repealed) Source: L. 2004: Entire section added, p. 1935, § 3, effective July 1. Editor's note: This section provided for the repeal of this section, effective July 1, 2007. (See L. 2004, p. 1935.) 23-5-102. Funding for auxiliary facilities - institutions of higher education - loans bonds. (1) For the purpose of obtaining funds for constructing, otherwise acquiring, and equipping auxiliary facilities for the use of students and employees at any state educational institution or any branch thereof or facilities for use by any institution or group of institutions that is designated as an enterprise pursuant to section 23-5-101.7 and for the acquisition of land for such purposes, the governing board of any state educational institution is authorized, after notification to the commission on higher education, to enter into contracts with any person, corporation, or state or federal government agency for the advancement of money for such purposes and providing for the repayment of such advancements with interest at a specified net effective interest rate. (2) The governing board of any institution of higher education by resolution may issue revenue bonds on behalf of any auxiliary facility or group of auxiliary facilities or on behalf of any institution or group of institutions managed by such governing board for the purpose of obtaining funds for constructing, otherwise acquiring, equipping, or operating such auxiliary facility or group of auxiliary facilities or for facilities for such institution or group of institutions. Any bonds issued on behalf of any auxiliary facility or group of auxiliary facilities, other than housing facilities, dining facilities, recreational facilities, health facilities, parking facilities, alternative or renewable energy producing facilities including but not limited to, solar, wind, biomass, geothermal, or hydroelectric facilities, research facilities that are funded from a revolving fund, or designated enterprise auxiliary facilities listed in section 23-5-101.5 (4) may be issued only after approval by both houses of the general assembly either by bill or by joint resolution and after approval by the governor in accordance with section 39 of article V of the state constitution. The governing board of an institution or group of institutions that issues bonds on behalf of the institution or group of institutions, which is designated as an enterprise pursuant to section 23-5-101.7, shall file notice of such issuance with the Colorado commission on higher education. Bonds issued pursuant to this subsection (2) shall be payable only from revenues generated by the auxiliary facility or group of auxiliary facilities or by the institution or group of institutions on behalf of which such bonds are issued; except that, subject to section 23-5-119.5 (5)(a)(III) and (5)(b)(II), revenues generated by a designated enterprise that is associated with the university of Colorado may be pledged for the repayment of bonds issued by another designated enterprise auxiliary facility that is not part of the same enterprise. Such bonds shall be issued in accordance with the provisions of section 23-5-103 (2). The termination, rescission, or expiration of the enterprise designation of any auxiliary facility or group of auxiliary facilities Colorado Revised Statutes 2019 Page 183 of 673 Uncertified Printout pursuant to section 23-5-101.5 (3) or of any institution or group of institutions shall not adversely affect the validity of or security for any revenue bonds issued on behalf of any auxiliary facility or group of auxiliary facilities or on behalf of any institution or group of institutions. Source: L. 53: p. 554, § 1. CRS 53: § 124-1-6. L. 61: p. 710, § 1. C.R.S. 1963: § 124-14. L. 67: p. 201, § 1. L. 70: p. 345, § 1. L. 93: Entire section amended, p. 1822, § 2, effective June 6. L. 94: (2) amended, p. 1678, § 4, effective May 31. L. 97: (2) amended, p. 1405, § 2, effective July 1. L. 2004: Entire section amended, p. 721, § 10, effective July 1. L. 2010: (2) amended, (SB 10-003), ch. 391, p. 1860, § 42, effective June 9. L. 2011: (2) amended, (HB 111301), ch. 297, p. 1418, § 8, effective August 10. Cross references: For the legislative declaration contained in the 2004 act amending this section, see section 1 of chapter 215, Session Laws of Colorado 2004. For the legislative declaration in the 2010 act amending subsection (2), see section 1 of chapter 391, Session Laws of Colorado 2010. 23-5-103. Pledge of income. (1) (a) The governing board of any one or more state educational institutions, including, but not limited to, the state colleges under the control and operation of their respective boards of trustees, that enters into such a contract for the advancement of money is authorized, in connection with or as a part of such contract, to pledge the net income derived or to be derived from such land or facilities so constructed, acquired, and equipped as security for the repayment of the money advanced therefor, together with interest thereon, and for the establishment and maintenance of reserves in connection therewith; and, for the same purpose, any such governing board is also authorized, subject to the limitations specified in section 23-5-119.5 (5), to pledge the net income derived or to be derived from other facilities that are included in a designated enterprise or, if not included, other facilities that are not acquired and not to be acquired with money appropriated to the institution by the state of Colorado, and to pledge the net income, fees, and revenues derived from such sources, if unpledged, or, if pledged, the net income, fees, and revenues currently in excess of the amount required to meet principal, interest, and reserve requirements in connection with outstanding obligations to which such net income, fees, and revenues have theretofore been pledged. Except as provided in paragraph (b) of this subsection (1), a governing board of an institution or group of institutions designated as an enterprise pursuant to section 23-5-101.7 that has entered into a contract for the advancement of money on behalf of such an institution or group of institutions may pledge up to ten percent of tuition revenues of such an enterprise, except for general fund money appropriated by the general assembly, and all or a portion of a facility construction fee that may be imposed as security for the repayment of the money advanced pursuant to said contract. The pledge of tuition revenues or the imposition of a facility construction fee shall include a process for student input consistent with the institutional plan for student fees adopted by the governing board of the applicable institution pursuant to section 23-5-119.5. (b) Commencing on and after March 31, 2016, a governing board of an institution or group of institutions designated as an enterprise pursuant to section 23-5-101.7 that has entered into a contract for the advancement of money on behalf of the institution or group of institutions Colorado Revised Statutes 2019 Page 184 of 673 Uncertified Printout may pledge up to one hundred percent of tuition revenues of the enterprise, except for general fund money appropriated by the general assembly, if: (I) The contract for the advancement of money for which the institution is pledging tuition revenue is not subject to the higher education revenue bond intercept program set forth in section 23-5-139; and (II) The institution is not a party to any existing contract for the advancement of money on behalf of the institution or group of institutions that is subject to the higher education revenue bond intercept program set forth in section 23-5-139. (2) Any advancement of moneys may be evidenced by interim warrants, if necessary, and bonds to be executed by and on behalf of the educational institution receiving the advancement and containing such terms and provisions, including provisions for redemption prior to maturity, as may be determined by the governing board of such institution. Such warrants or bonds may, at the discretion of the governing board, be registerable as to principal or interest, or both, and shall never be sold at less than ninety-five percent of the principal amount thereof and accrued interest thereon to the date of delivery nor at a price which will result in a net effective interest rate which exceeds that specified in the contract for the advancement of moneys. Any of the warrants or bonds of the institution issued pursuant to this article or any other law may be refunded pursuant to article 54 of title 11, C.R.S., if in the judgment of the governing board such refunding is to the best interests of the educational institution. Such refunding obligations may be made payable from any source which may be legally pledged for the payment of the obligations being refunded at the time of the issuance of the obligations so refunded or from any of the sources described in subsection (1) of this section, notwithstanding the pledge for the payment of the outstanding obligations being refunded is thereby modified. (3) If the pledged net income, fees, and revenues exceed the amount required to meet principal, interest, and reserve requirements in connection with revenue bonds of the institution to which such income has been pledged and exceed the amount necessary for the maintenance and operation of the auxiliary facility plus any amount set aside in a reserve fund for repair and replacement of the facility, the governing board may retain such surplus and utilize the same in such manner as in its judgment is for the best interests of the educational institution; except that, if the governing board uses the surplus moneys on a project expected to be paid from cash funds or other nonstate moneys, the project shall be subject to the provisions of section 23-1-106. Use of such surplus shall be reviewed in advance by representatives of the student government at the institution with which the auxiliary facility is associated. (4) Anticipation warrants or bonds issued pursuant to this article may be used as security for any depository bond or obligation where any kind of bonds or other securities shall or may by law be deposited as security. Source: L. 53: p. 554, § 2. CRS 53: § 124-1-7. L. 61: p. 710, § 2. L. 63: p. 867, § 1. C.R.S. 1963: § 124-1-5. L. 67: p. 201, § 2. L. 68: p. 7, § 1. L. 70: p. 345, § 2. L. 78: (1) amended, p. 380, § 1, effective March 24. L. 88: (1) amended, p. 858, § 6, effective July 1. L. 93: (1) and (3) amended, p. 1823, § 3, effective June 6. L. 94: (1) amended, p. 1680, § 6, effective May 31. L. 97: (1) and (3) amended, p. 1406, § 3, effective July 1. L. 2003: (1) amended, p. 789, § 9, effective July 1. L. 2004: (1) amended, p. 722, § 11, effective July 1; (1) amended, p. 1935, § 4, effective July 1. L. 2011: (1) and (3) amended, (HB 11-1301), ch. 297, pp. 1419, 1431, §§ 9, 31, effective August 10. L. 2016: (1) amended, (SB 16-121), ch. 56, p. Colorado Revised Statutes 2019 Page 185 of 673 Uncertified Printout 135, § 1, effective March 31; (3) amended, (HB 16-1459), ch. 317, p. 1281, § 2, effective August 10. Cross references: For the legislative declaration contained in the 2004 act amending subsection (1), see section 1 of chapter 215, Session Laws of Colorado 2004. For the legislative declaration contained in the 2004 act amending subsection (1), see section 1 of chapter 391, Session Laws of Colorado 2004. 23-5-104. No property lien. The governing board of any state educational institution shall not create a mortgage upon any property belonging to the institution, nor shall the state be obligated, for the purpose of securing the repayment of any funds advanced pursuant to the provisions of sections 23-5-102 to 23-5-105 or the interest on such funds. Source: L. 53: p. 555, § 3. CRS 53: § 124-1-8. C.R.S. 1963: § 124-1-6. 23-5-105. Tax exemption. Any bonds, certificates, or warrants issued pursuant to the provisions of sections 23-5-102 to 23-5-105 by the governing board of any state educational institution shall be exempt from taxation for any state, county, school district, special district, municipal, or other purpose in the state of Colorado. Source: L. 53: p. 555, § 4. CRS 53: § 124-1-9. C.R.S. 1963: § 124-1-7. 23-5-105.5. State board for community colleges and occupational education authority to create financial obligations. Nothing in sections 23-5-101.5 to 23-5-105 shall be construed to prohibit the state board for community colleges and occupational education from issuing revenue bonds or other revenue obligations payable from the revenues from all or any part of the auxiliary facilities within the community college and occupational education system. Source: L. 94: Entire section added, p. 940, § 1, effective April 28. 23-5-106. Authority of governing boards - general - health care insurance contracts of indemnity. (1) The governing board of any state institution of higher education has the authority to promulgate rules and regulations for the safety and welfare of students, employees, and property, to promulgate rules and regulations necessary for the governance of the respective institutions, and to promulgate rules and regulations deemed necessary to carry out the provisions of sections 23-5-106 to 23-5-110. Western Colorado university shall not refuse to admit any Colorado resident qualified in accordance with applicable Colorado commission on higher education admission standards. (2) The governing board of any state institution of higher education shall not promulgate any rules or regulations that restrict or prohibit on-campus recruiting by any local, state, or federal governmental agency; except that recruiting activities by any local, state, or federal governmental agency shall be subject to the same time, place, or manner restrictions that apply to other entities that conduct recruiting on campus. (3) If a governing board of an institution of higher education requires a student to purchase health care insurance, the board must allow the same exemption for those participating Colorado Revised Statutes 2019 Page 186 of 673 Uncertified Printout in a health care sharing ministry as specified in the federal "Patient Protection and Affordable Care Act". (4) The governing board of a state institution of higher education that is designated as an enterprise pursuant to section 23-5-101.7 may contract to indemnify and hold harmless a contractor if the governing board determines that the contract serves a valid public purpose and any risks to the institution that may arise from entering into the contract are sufficiently limited and outweighed by the benefits of the contract. Notwithstanding any other provision of law to the contrary, a liability claim or expense that arises from a contract to indemnify or hold harmless entered into by a governing board pursuant to this subsection (4) shall not be payable from the risk management fund created in section 24-30-1510, C.R.S., and shall be payable solely from revenues of the institution. Source: L. 69: p. 1063, § 1. C.R.S. 1963: § 124-1-8. L. 94: Entire section amended, p. 1677, § 2, effective May 31; entire section amended, p. 1796, § 9, effective May 31. L. 2007: (3)(a) amended, p. 69, § 1, effective March 15. L. 2011: (4) added, (HB 11-1301), ch. 297, p. 1420, § 11, effective August 10. L. 2012: (1) amended, (HB 12-1331), ch. 254, p. 1270, § 13, effective August 1. L. 2013: (3) amended, (HB 13-1315), ch. 322, p. 1741, § 1, effective May 28. L. 2019: (1) amended, (HB 19-1178), ch. 400, p. 3546, § 13, effective July 1. 23-5-106.5. Authority of governing boards - student applications - criminal and disciplinary history inquiry - exceptions - definitions. [Editor's note: This section is effective May 1, 2020.] (1) For the purposes of this section, unless the context otherwise requires: (a) "Academic institution" means any elementary or secondary school or any postsecondary education institution. (b) "Conviction" means a conviction by a jury verdict or by entry of a verdict or acceptance of a guilty plea or a plea of nolo contendere by a court. "Conviction" does not include a plea to a deferred judgment and sentence until the deferred judgment and sentence is revoked. (c) "State institution of higher education" means a state institution of higher education as defined in section 23-18-102 (10). (2) (a) Except as provided in subsection (3) of this section, the governing board of any state institution of higher education shall not inquire into, or require disclosure of, an applicant's criminal history, or disciplinary history at another academic institution, on any form of application, including electronic applications, for admission to the state institution of higher education. (b) The application or instructions for the application for admission to a state institution of higher education must inform an applicant of the applicant's rights pursuant to this section, including the right to appeal a decision made based on any information required to be disclosed pursuant to subsection (3) of this section, and that, pursuant to section 24-72-702, the applicant is not required to disclose any information contained in sealed records. (c) (I) A state institution of higher education that accepts a form of application that may also be used to apply for admission to any other institution of higher education shall not consider any information provided by the student on that application that the state institution of higher education is prohibited from inquiring into pursuant to this section. (II) Notwithstanding any provision of this section, a state institution of higher education may consider criminal conviction history if information pertaining to such history is provided on Colorado Revised Statutes 2019 Page 187 of 673 Uncertified Printout an application that is designed by a national application service, tailored for admission to a specific degree program, and used by postsecondary education institutions in other states. An applicant denied admission based on information provided on an application pursuant to this subsection (2)(c)(II) that an institution would otherwise be prohibited from inquiring into pursuant to this section has the right to appeal that decision pursuant to subsection (4)(b) of this section. (d) Except as authorized pursuant to any other section of law, the governing board of any state institution of higher education may not obtain the criminal history, or disciplinary history at another academic institution, of an applicant at any time prior to admitting the applicant. (e) A state institution of higher education may not use as the basis for rejection of an applicant any information that the institution is prohibited from collecting pursuant to this section, regardless of how that information is obtained. (3) Notwithstanding any requirement in this section, the governing board of a state institution of higher education, on any form of application for admission, may inquire into any of the following: (a) An applicant's prior convictions for stalking, sexual assault, and domestic violence; (b) An applicant's prior convictions, within five years before submitting the application, for assault, kidnapping, voluntary manslaughter, or murder; (c) An applicant's prior disciplinary history at another academic institution for stalking, sexual assault, and domestic violence; (d) Any criminal charges pending against the applicant; and (e) An applicant's educational records related to academic performance. (4) (a) Any additional review by a state institution of higher education of an otherwise qualified applicant based on information provided by the applicant pursuant to subsection (3) of this section must be completed within a reasonable period of time. (b) An applicant denied admission based on information provided by the applicant pursuant to subsection (2)(c)(II) or (3) of this section has the right to appeal that decision within the state institution of higher education. The governing board of each state institution of higher education shall adopt policies and procedures for appeals made pursuant to this section. (5) Each state institution of higher education shall publish any policy enacted pursuant to this section on the institution's publicly accessible website and shall file such policies with the commission. A state institution of higher education shall notify the commission at least thirty days before enacting any change to a policy filed with the commission. (6) Nothing in this section prohibits a state institution of higher education from providing an applicant with information or counseling concerning licensure in a profession that may result from a course of study. (7) A state institution of higher education may inquire into an admitted applicant's criminal history when obtaining information pertaining to participation in campus life or student housing. If an institution elects to make such inquiries, the institution shall consider the following: (a) The nature and gravity of any criminal conduct and whether it bears a direct relationship to a particular aspect of a student's participation in campus life, including but not limited to campus residency and campus activities; (b) The time that has passed since the occurrence of any criminal conduct; (c) The age of the student at the time of the conduct underlying a criminal conviction; Colorado Revised Statutes 2019 Page 188 of 673 Uncertified Printout (d) Any evidence of rehabilitation or good conduct produced by the student; and (e) The benefit to the student of participating in campus life. Source: L. 2019: Entire section added, (SB 19-170), ch. 285, p. 2651, § 2, effective May 1, 2020. Cross references: For the short title ("Ensuring Access to Higher Education Act") in SB 19-170, see section 1 of chapter 285, Session Laws of Colorado 2019. 23-5-107. Authority of governing boards - parking. (1) The governing board of any state institution of higher education is authorized to promulgate rules and regulations providing for the operation and parking of vehicles upon the grounds, driveways, or roadways within the property under the control of the governing board. Such rules and regulations may include, but not be limited to, regulation and control of the following: (a) Assignment of parking spaces, designation of areas for parking, and regulation of the use of such spaces and areas including the assessment of charges therefor; (b) Prohibition or limitation of parking in the manner deemed necessary; (c) Removal of vehicles parked in violation of institutional rules and regulations, ordinances, or law at the expense of the violator; (d) Assessment of charges for violation of rules and regulations. Source: L. 69: p. 1063, § 1. C.R.S. 1963: § 124-1-9. 23-5-108. Governing boards authorized to cede jurisdiction for enforcement of traffic laws. (1) The governing board of any state institution of higher education is authorized to cede jurisdiction to the town, city, city and county, or county in which the property under the control of the governing board is located for the enforcement of ordinances, resolutions, and laws pertaining to the operation of motor vehicles, subject to the acceptance of jurisdiction by the respective town, city, city and county, or county. (2) Upon acceptance of jurisdiction: (a) The town, city, city and county, or county has authority to enforce the provisions of ordinances, resolutions, or state law pertaining to the operation of motor vehicles on streets or highways within the property under the control of the governing board by means of the police and judicial powers established by resolution, ordinance, or law; except that such jurisdiction shall not conflict with the authority provided in section 23-5-107, as such is exercised by the governing board; (b) The ordinances and resolutions of the respective local authorities and state laws shall have the same force and effect on the driveways and roadways within the property under the control of the governing board as they have on the streets and highways within the jurisdiction of the local authorities; (c) The local authorities shall, upon recommendation of the governing board of any state institution of higher education or its designated officer, establish traffic control devices upon the property under the control of such institution, and, upon establishment, the devices shall have the same legal effect as provided in sections 42-4-112 and 42-4-603, C.R.S. The traffic control devices so established shall be installed at the expense of the institution. Colorado Revised Statutes 2019 Page 189 of 673 Uncertified Printout (3) Even though jurisdiction is ceded in the manner provided by this section, the authority to establish, close, change, alter, or limit access to the driveways or roadways within the property under the control of a governing board shall vest and remain with such governing board. (4) The jurisdiction of local authorities to enforce ordinances, resolutions, and laws pertaining to the operation of motor vehicles upon the property under the control of a state institution of higher education shall not be deemed to convey any right, title, or interest in the roadways and driveways of said property, and the jurisdiction over said roadways and driveways shall extend only to enforcement of such ordinances, resolutions, and laws. The state of Colorado reserves the right at all times to revoke the jurisdiction of local authorities granted by this section. (5) The governing board of any state institution of higher education is authorized to institute and carry out a system of registration of vehicle identification owned or operated by its students, faculty, and staff. By rule or regulation, the governing board may provide for the issuance of suitable vehicle identification insignia, its proper use, and requirements for attachment to the registered vehicle. Authority is also granted to provide for suspension of the registration and penalties, other than criminal penalties, upon suspension including, but not limited to, barring the vehicle from parking or driving on institution property. Reasonable charges may be assessed for registration and reinstatement upon suspension. Source: L. 69: p. 1063, § 1. C.R.S. 1963: § 124-1-10. L. 94: (2)(c) amended, p. 2554, § 48, effective January 1, 1995. 23-5-109. Identification. The governing board of any state institution of higher education is authorized to promulgate rules and regulations establishing a system of identification of students, faculty, and staff which may include provisions for penalties other than criminal penalties and provisions for disciplinary action for failure to display one's identification card upon request by an authorized official, possession of a false identification card, and alteration of an identification card. The authorized officials of such institution have authority to detain a person upon the property under the control of the institution for the purpose of obtaining proper identification if such person refuses to display his identification card or otherwise give adequate identification upon request by an authorized official. Source: L. 69: p. 1064, § 1. C.R.S. 1963: § 124-1-11. 23-5-110. Medical personnel. Notwithstanding any other provision of law to the contrary, any person holding a license to practice medicine in this state may accept employment from any public or private university, college, junior or community college, school district, or private nonprofit school to examine and treat the students of such a university, college, or school, and, if no increase in staff or expenditures is required by the university, college, or school, the spouses of such students. Source: L. 69: p. 1065, § 1. C.R.S. 1963: § 124-1-12. L. 81: Entire section amended, p. 1095, § 1, effective June 4. Colorado Revised Statutes 2019 Page 190 of 673 Uncertified Printout 23-5-111. Educational benefits for dependents of prisoners of war and military personnel missing in action - definitions. (Repealed) Source: L. 73: p. 1319, § 1. C.R.S. 1963: § 124-1-13. L. 79: Entire section repealed, p. 830, § 2, effective June 19. Cross references: For present provisions concerning educational benefits for dependents of certain military personnel, see §§ 23-3.3-201 and 23-3.3-204. 23-5-111.4. Tuition for members of the National Guard - definitions. (Repealed) Source: L. 79: Entire section added, p. 831, § 1, effective July 1. L. 85: (2) and (3) amended, p. 778, § 1, effective May 10. L. 88: (3) amended, p. 858, § 7, effective July 1. L. 90: (3) amended, pp. 1154, 1142, §§ 4, 7, effective July 1. L. 91: (2) to (5) amended and (6) to (9) added, p. 546, § 1, effective May 18. L. 96: (1) to (3) amended, p. 367, § 1, effective April 17; (3) amended, p. 11, § 1, effective August 7; (8) repealed, p. 1238, § 86, effective August 7. L. 99: (2)(a), (2)(b)(II), (2)(b)(IV), (2)(c), (3), (6), IP(7), and (7)(b) amended, p. 1138, § 1, effective August 4. L. 2002: (2)(a), (2)(c), (4), (5), (6), IP(7), IP(7)(a), (7)(b), and (9) amended, p. 356, § 9, effective July 1; (3) amended, p. 708, § 7, effective July 1, 2003. L. 2004: (2)(a.5) added and (9)(a) amended, pp. 1156, 1155, §§ 3, 2, effective July 1. L. 2005: (2)(a.5), (2)(b)(IV), (2)(d), (3), (5), (6), and IP(7) amended, p. 257, § 1, effective July 1. L. 2007: (4) repealed, p. 1622, § 4, effective July 1. L. 2008: (3)(a) amended, p. 371, § 1, effective April 10. L. 2011: (3)(a) amended, (SB 11-265), ch. 292, p. 1367, § 20, effective August 10. L. 2012: (3)(a) amended, (HB 12-1080), ch. 189, p. 759, § 15, effective May 19; (3)(a) amended, (SB 12-148), ch. 125, p. 426, § 11, effective July 1; (3)(a) amended, (HB 12-1331), ch. 254, p. 1270, § 14, effective August 1. L. 2016: (3)(a) amended, (HB 16-1082), ch. 58, p. 145, § 17, effective August 10. L. 2017: (3)(a) and (9)(a) amended, (SB 17-174), ch. 10, p. 32, § 2, effective March 1. L. 2018: Entire section repealed, (HB 18-1228), ch. 103, p. 787, § 3, effective August 8. Editor's note: This section was relocated to § 23-7.4-302 in 2018. 23-5-111.5. Educational benefits for dependents of deceased or permanently disabled National Guardsman - definitions. (Repealed) Source: L. 77: Entire section added, p. 1107, § 1, effective August 1. L. 79: Entire section repealed, p. 830, § 2, effective June 19. Cross references: For present provisions concerning educational benefits for dependents of certain National Guard personnel, see §§ 23-3.3-201 and 23-3.3-205. 23-5-112. Gifts and bequests to institutions of higher education - venture development investment funds. (1) All state institutions of higher education are authorized to receive gifts and bequests of money or property which may be tendered to any such institution by will or gift. The governing board of such institution is authorized, subject to the terms of any gift or bequest and to provisions of any applicable law, to hold such funds or property in trust or Colorado Revised Statutes 2019 Page 191 of 673 Uncertified Printout invest or sell them and use either principal or interest or the proceeds of sale for the benefit of such institutions or the students or others for whose benefit such institutions are conducted. (2) When a governing board of an institution of higher education is offered a gift of property, whether real or personal, which directly or indirectly involves significant ongoing expenditures, the institution shall require in connection therewith an endowment sufficient to fund such expenses. This subsection (2) shall not apply when the gift has been approved by the Colorado commission on higher education with the understanding that acceptance will require an allocation of state funding and the commission is satisfied that provision therefor can be made within available resources. The commission shall prepare a statement of procedures of review and of criteria to be applied in its review of any such gifts, which shall have the approval of the governor and joint budget committee. (3) Nonprofit entities such as foundations, institutes, and similar organizations organized for the sole benefit of one or more state institutions of higher education are entitled to receive gifts and bequests of money or property which may be tendered to any such entity by will or gift. Such gifts and bequests are subject to audit by the state auditor or the state auditor's designee. If the entity is entirely separate and apart from the institution, if no employees of the institution serve as staff or as voting members of the entity's board, and if the funds and accounts of the entity are entirely separate from those of the institution, such gifts and bequests are subject to annual audit to be performed by an independent accounting firm engaged by the entity if determined in advance to be satisfactory to the legislative audit committee. The state auditor shall have access to all of the accountant's work papers. If, alternatively, the separate relationship does not prevail, members and employees of the board of the entity may include staff members or employees of the institution, and such gifts and bequests are subject to audit by the state auditor or the state auditor's designee. (4) (a) Each state institution of higher education may elect to establish a venture development investment fund for the purpose of facilitating the commercialization of research projects conducted at a research institution of the institution or a research institution that has an office of technology transfer. A venture development fund may be administered by a nonprofit entity such as a foundation, institute, or similar organization that is affiliated with the institution. (b) The purposes of a venture development investment fund established by a state institution of higher education pursuant to this section shall include, but need not be limited to, providing the following: (I) Capital for entrepreneurial programs that are associated with the institution; (II) Opportunities for students of the institution to gain experience in applying research to commercial activities; (III) Proof-of-concept funding for the purpose of transforming research and development concepts into commercially viable products or services; and (IV) Entrepreneurial opportunities for persons who are interested in transforming research into viable commercial ventures that create jobs in Colorado. (c) Each state institution of higher education and each nonprofit entity, such as a foundation, institute, or similar organization, that is affiliated with a state institution of higher education is authorized to seek and accept gifts, grants, and donations to facilitate the establishment of a venture development investment fund. Colorado Revised Statutes 2019 Page 192 of 673 Uncertified Printout (d) Individuals, businesses, and other entities are encouraged to donate moneys to research institutions of state institutions of higher education for the purpose of advancing the commercialization of research projects at the research institutions. Source: L. 73: p. 1321, § 1. C.R.S. 1963: § 124-1-14. L. 2009: (4) added, (HB 09-1242), ch. 345, p. 1809, § 1, effective August 5. L. 2017: (3) amended, (SB 17-294), ch. 264, p. 1398, § 58, effective May 25. 23-5-113. Collection of loans and outstanding obligations - state educational institutions. (1) Notwithstanding the provisions of section 24-30-202.4, C.R.S., the governing board of any state educational institution may promulgate rules and regulations relating to procedures for collecting any loans or other outstanding obligations owed to such institution. The institution may employ private counsel or a collection agency to handle the collection of any such loan or obligation. Employment of private counsel or a collection agency shall be in accordance with the rules and regulations, but in no event shall the fees paid to the private counsel or collection agency exceed forty percent of the amount recovered. (2) The institution is authorized to write off, release, or compromise any debt or obligation due the institution, but only in accordance with the rules and regulations applicable thereto. Source: L. 83: Entire section added, p. 792, § 2, effective June 3. L. 2010: Entire section amended, (SB 10-003), ch. 391, p. 1850, § 27, effective June 9. Cross references: For the legislative declaration in the 2010 act amending this section, see section 1 of chapter 391, Session Laws of Colorado 2010. 23-5-114. National direct student loans - authority to separately collect advances. Each advance remitted to an individual by a state-supported institution of higher education pursuant to the terms of a national direct student loan program master agreement shall constitute a separate obligation for purposes of institutional collection procedures and jurisdictional limits under section 13-6-403, C.R.S. Source: L. 83: Entire section added, p. 793, § 2, effective June 3. 23-5-115. Loans or outstanding obligations offset. (1) (a) At times prescribed by the department of revenue, but not less frequently than annually, a state educational institution shall certify to the department of revenue information regarding persons who owe a loan repayment or other outstanding obligation to the institution, the amount of which has been determined to be owing as a result of a final agency determination or judicial decision pursuant to section 39-21108 (3), C.R.S., or which has been reduced to judgment. (b) Such information shall include the name and social security number of the person owing the debt, the amount of the debt, and any other identifying information required by the department of revenue. Colorado Revised Statutes 2019 Page 193 of 673 Uncertified Printout (2) Upon notification by the department of revenue of amounts deposited with the state treasurer pursuant to section 39-21-108 (3), C.R.S., the state treasurer shall disburse such amounts to the appropriate state educational institution. Source: L. 83: Entire section added, p. 793, § 2, effective June 3. L. 2002: (1)(a) amended, p. 100, § 3, effective August 7. 23-5-116. Governing boards - authority to provide out-of-state courses. (1) The governing board of any state institution of higher education may offer postsecondary courses at locations outside the state of Colorado for credit applicable toward a degree program. For the purposes of this section, the commission, in consultation with the governing boards, shall determine by policy the definition of out-of-state courses. Each governing board shall promulgate policies and procedures concerning the administration of such courses. The policies and procedures shall include, but are not limited to, the following: (a) A requirement that no state general fund moneys shall be expended in connection with such out-of-state courses; and (b) A requirement that credit earned for courses offered outside the state of Colorado shall be applicable toward a degree from the sponsoring institution. (2) The governing board of any state institution of higher education may offer postsecondary noncredit courses at locations outside the state of Colorado. Each governing board shall promulgate policies and procedures concerning the administration of such courses. The policies and procedures shall include, but are not limited to, the following: (a) A requirement that no state general fund moneys shall be expended in connection with such out-of-state courses; and (b) A requirement that noncredit courses may be provided that are not applicable toward a degree from the sponsoring institution. (3) Each governing board shall notify the Colorado commission on higher education of policies and procedures promulgated pursuant to this section. (4) and (5) (Deleted by amendment, L. 2008, p. 1478, § 19, effective May 28, 2008.) (6) Each governing board shall provide an annual report to the department of higher education that describes all courses offered outside the boundaries of the state of Colorado. The report shall include a statement of need for the instruction, the geographical location of the instruction, and confirmation that no state funds were used in connection with the out-of-state courses. (7) This section shall not be construed to limit the authority of the governing boards of state institutions of higher education to offer courses in the state of Colorado. Source: L. 83: Entire section added, p. 796, § 1, effective June 3. L. 2008: IP(1), (4), (5), and (6) amended, p. 1478, § 19, effective May 28. 23-5-117. Governing boards - delegation of personnel power. The governing board of any state-supported institution of higher education, including the Auraria higher education center established in article 70 of this title 23, may delegate all or part of its power over personnel matters, including the power to hire or to fire employees exempt from the personnel system, to the chief executive officer of the institution governed by such board. The governing board may Colorado Revised Statutes 2019 Page 194 of 673 Uncertified Printout authorize the chief executive officer to delegate to other officers of the institution any power so delegated pursuant to this section. The governing board of each state-supported institution of higher education, except the university of Colorado, Colorado state university, the university of northern Colorado, the Colorado school of mines, Fort Lewis college, Adams state university, Colorado Mesa university, Western Colorado university, or Metropolitan state university of Denver, after consultation with faculty representatives chosen by the faculty, shall prepare, enact, promulgate, administer, and maintain in place policies and practices which afford due process procedures for those faculty members exempt from the state personnel system who are terminated, including terminations resulting from reductions in force. Source: L. 85: Entire section added, p. 767, § 19, effective July 1. L. 87: Entire section amended, p. 851, §2, effective May 1. L. 99: Entire section amended, p. 217, § 1, effective April 5. L. 2003: Entire section amended, p. 794, § 20, effective July 1. L. 2011: Entire section amended, (HB 11-1301), ch. 297, p. 1428, § 24, effective August 10; entire section amended, (SB 11-265), ch. 292, p. 1367, § 21, effective August 10. L. 2012: Entire section amended, (HB 12-1080), ch. 189, p. 759, § 16, effective May 19; entire section amended, (SB 12-148), ch. 125, p. 426, § 12, effective July 1; entire section amended, (HB 12-1331), ch. 254, p. 1271, § 15, effective August 1; entire section amended, (HB 12-1081), ch. 210, p. 902, § 3, effective August 8. L. 2019: Entire section amended, (HB 19-1178), ch. 400, p. 3546, § 14, effective July 1. Editor's note: (1) Amendments to this section by House Bill 11-1301 and Senate Bill 11-265 were harmonized. (2) Amendments to this section by House Bill 12-1080, Senate Bill 12-148, House Bill 12-1331, and House Bill 12-1081 were harmonized. Cross references: For the legislative declaration in the 2011 act amending this section, see section 1 of chapter 292, Session Laws of Colorado 2011. For the legislative declaration in the 2012 act amending this section, see section 1 of chapter 125, Session Laws of Colorado 2012. 23-5-118. Selective service registration prerequisite to enrollment. (1) No male person who is at least seventeen years and nine months of age but younger than twenty-six years of age shall be eligible to enroll at any state-supported institution of higher education until such person has filed with such institution a statement of registration compliance. In such statement of registration compliance, the person shall certify, under oath, either that he is registered with the selective service system pursuant to the provisions of section 3 of the "Military Selective Service Act", 50 U.S.C. App. sec. 453, as amended, or that, for any reason specified in 50 U.S.C. App. sec. 453, he is not required to be registered. If the person does not possess a current Colorado driver's license or Colorado state identification card, which was issued on or after September 4, 2001, the state-supported institution of higher education at which the person enrolls shall verify the person's sworn statement of registration compliance. The state-supported institution of higher education may require the person to provide appropriate documentation in order to verify the person's sworn statement of registration compliance. The person shall be given the opportunity to provide the appropriate documentation proving registration compliance to an agent of the state-supported institution of higher education prior to any disciplinary action being taken. Colorado Revised Statutes 2019 Page 195 of 673 Uncertified Printout (2) The governing board of each state-supported institution of higher education shall prescribe the form for such statement of registration compliance. Such statement shall be included in applications for admission to the institution for new and transfer students. Such institution shall require any male person who is at least seventeen years and nine months of age but younger than twenty-six years of age and who is currently attending such institution or has been admitted to such institution but has not given a statement of registration compliance as required by subsection (1) of this section to file a statement of registration compliance when he seeks to enroll for a new academic term. (3) If a state-supported institution of higher education receives a statement from any person, as required by subsection (1) of this section, certifying that he has registered with the selective service system pursuant to the provisions of section 3 of the "Military Selective Service Act", 50 U.S.C. App. sec. 453, as amended, or that he is exempt from registration for any reason specified in 50 U.S.C. App. sec. 453, other than that he is under seventeen years and nine months of age, such institution shall not require the person to file any further statements. If such institution receives a statement certifying that such person is not required to register pursuant to the provisions of 50 U.S.C. App. sec. 453, because he is under seventeen years and nine months of age, such institution shall require the person to file a new statement of registration compliance each time he seeks to enroll for a new academic term until the institution receives a statement certifying that the person has registered with the selective service system or is exempt from registration for any reason specified in 50 U.S.C. App. sec. 453, other than that he is under seventeen years and nine months of age. (4) If any person knowingly gives false information in such statement of registration compliance as required pursuant to the provisions of this section, such person commits perjury in the second degree, as defined in section 18-8-503, C.R.S. (5) If a student knowingly gives false information under the provisions of this section, the student shall be suspended from the state-supported institution of higher education at which the student is enrolled. If a person knowingly gives false information under the provisions of this section and the person is not enrolled as a student at a state-supported institution of higher education, the person shall be prohibited from enrolling as a student at a state-supported institution of higher education. State-supported institutions of higher education shall be required to provide the person a hearing before an appropriate agent of the state-supported institution of higher education to determine if the person has knowingly given false information under the provisions of this section. A student or prospective student who provides false information under the provisions of this section shall not be eligible to enroll or reenroll until the student provides appropriate documentation proving that he is properly registered with the selective service system. Source: L. 87: Entire section added, p. 849, § 1, effective July 1. L. 2003: Entire section amended, p. 2523, § 1, effective January 1, 2004. 23-5-119. Colorado legislative distinguished professor fund. (Repealed) Source: L. 90: Entire section added, p. 1148, § 1, effective May 8. L. 92: Entire section repealed, p. 2198, § 2, effective February 25. Colorado Revised Statutes 2019 Page 196 of 673 Uncertified Printout 23-5-119.5. Student fees - legislative declaration - definitions - institutional plans fee information - reporting. (1) The general assembly hereby finds that, due to increasing financial restrictions, fees are increasingly being used as sources of revenue for state institutions of higher education. The general assembly further finds that it is important to allow the governing boards flexibility in managing student fees in the manner that is most effective for their respective institutions. However, the general assembly also finds that state institutions of higher education must develop meaningful processes for receiving and considering student input concerning the amount assessed in fees and the purposes for which the institution uses the revenues received. It is therefore the intent of the general assembly that the governing boards adopt policies concerning the definition, assessment, increase, and use of fees, including but not limited to the policies specified in this section, which governing board policies shall be in accordance with the policies adopted by the commission pursuant to section 23-1-105.5. (2) For purposes of this section: (a) "Auxiliary facility" has the same meaning as defined in section 23-5-101.5 (2)(a). (b) "Commission" means the Colorado commission on higher education established in section 23-1-102. (c) "State institution of higher education" or "institution" means a state-supported institution of higher education in Colorado. (3) Each governing board is authorized to require students to pay fees to offset costs that are specific to certain courses or programs or that otherwise exceed or are in addition to normal overhead and operating costs that are paid by tuition revenues. Revenues received by a governing board as student fees are not subject to annual appropriation. The costs for which a governing board may impose fees may include, but need not be limited to: (a) Costs related to the construction, maintenance, furnishing, and equipping of buildings and infrastructure; (b) Costs that are unique to specific courses or programs and benefit the students who choose to enroll in the course or program; (c) Costs related to student-centered facilities, services, or activities such as student centers, recreation facilities, technology, parking lots, child care, health clinics, mandatory insurance, student government, and other student organizations or activities; (d) Costs incurred by an institution that are in addition to the costs of direct delivery of instruction such as registration costs, costs for student orientation and graduation, and costs incurred in communicating with students and their families. (4) (a) On or before July 1, 2012, each governing board shall adopt for each institution and campus that it governs an institutional plan for student fees. Each governing board shall ensure that the process for developing the plan includes the opportunity for meaningful input from the students enrolled at the affected institution or campus. At a minimum, the fee plan shall specify: (I) The types and purposes of student fees collected by the institution; (II) The procedures for establishing, reviewing, changing the amount of, and discontinuing student fees, including the level of student involvement in each process, which, at a minimum, shall include consultation with students whenever possible prior to the establishment of a new fee or the increase of an existing fee; (III) Procedures by which students may contest the imposition or amount of a fee and a process for resolving disputes regarding fees; and Colorado Revised Statutes 2019 Page 197 of 673 Uncertified Printout (IV) A plan for addressing reserve fund balances. (b) A governing board shall annually review and revise, as necessary, the fee plan for each of the institutions and campuses that it governs. In creating, reviewing, and revising the fee plans, a governing board shall collaborate with the student government organization at the applicable institution or campus. Each governing board shall make the fee plans available to the public on a website for the respective institution or campus. In addition, each governing board shall annually provide to the department of higher education and the commission a copy of the fee plan for each institution or campus it governs. (5) The fee plan adopted for each institution pursuant to subsection (4) of this section shall include, but need not be limited to, the following policies: (a) Fees related to bonds issued on behalf of auxiliary facilities on or after July 1, 1997. (I) (A) For any bonds or other debt obligations issued or incurred on or after July 1, 1997, on behalf of an auxiliary facility, the issuing or incurring governing board may assess a user fee against persons using the auxiliary facility that includes the amount necessary for repayment of the bonds or other debt obligations and any amount necessary for the operation and maintenance of the auxiliary facility. (B) If a governing board uses revenues from a general student fee for the repayment of bonds or other debt obligations issued or incurred pursuant to this paragraph (a), the governing board shall specify the portion of the general student fee that is actually applied to repayment of the bonds or other debt obligations. The itemization of any general student fee, all or a portion of which is used for repayment of bonds or other debt obligations, shall appear on the student billing statement. (II) The issuing or incurring governing board may, subject to the restrictions specified in paragraph (c) of this subsection (5), pledge any excess revenue received from any user fee assessed pursuant to subparagraph (I) of this paragraph (a) or from any portion of a general student fee applied to the repayment of such bonds or other debt obligations pursuant to subsubparagraph (B) of subparagraph (I) of this paragraph (a) to the repayment of any bonds or other debt obligations issued or incurred on behalf of any other auxiliary facility, so long as such pledge of excess revenue from any general student fee authorized for the repayment of bonds or other debt obligations issued or incurred to finance a specific facility shall terminate upon full repayment of all bonds or other debt obligations, including refunding bonds or obligations, and all fees and costs related to such bonds or other debt obligations incurred with respect to such specific facility. (III) On and after the date upon which all bonds or other debt obligations issued, secured, or incurred pursuant to this paragraph (a) are fully repaid: (A) The amount of the user fee assessed against persons using the auxiliary facility, if any, shall be reduced, if necessary, so as not to exceed one hundred ten percent of the costs incurred in operating and maintaining the auxiliary facility during the preceding year; except that the governing board may reduce the amount of the user fee to an amount not to exceed one hundred twenty percent of the costs incurred in operating and maintaining the auxiliary facility during the preceding year and set aside the additional ten percent in a reserve fund for repair and replacement of the auxiliary facility; (B) The governing board shall cease collecting any portion of a general student fee assessed for the repayment of the bonds or other debt obligations; except that, if no user fee was assessed for the repayment of the bonds or other debt obligations or if the amount of the user fee Colorado Revised Statutes 2019 Page 198 of 673 Uncertified Printout is less than the costs incurred in operating and maintaining the auxiliary facility during the preceding year, the governing board may continue collecting the specified portion of the general student fee that was applied to repayment of the bonds or other debt obligations so long as said portion of the general student fee is reduced, if necessary, to an amount that, in combination with any user fee collected for the auxiliary facility, does not exceed one hundred ten percent of the costs incurred in operating and maintaining the auxiliary facility during the preceding year. Notwithstanding the provisions of this sub-subparagraph (B), the governing board may reduce said portion of the general student fee to an amount that, in combination with any user fee collected for the auxiliary facility, does not exceed one hundred twenty percent of the costs incurred in operating and maintaining the auxiliary facility during the preceding year and set aside the additional ten percent in a reserve fund for repair and replacement of the auxiliary facility. (C) The revenues received pursuant to this subparagraph (III), either through a user fee or through a specified portion of a general student fee, may not be pledged for the repayment of any bonds or other debt obligations issued on behalf of any other auxiliary facility. Any amount of said revenue that exceeds both the amount necessary for the operation and maintenance of the auxiliary facility and any amount set aside in a reserve fund for repair and replacement of the auxiliary facility is surplus and may be used by the governing board as provided in section 23-5103 (3). (b) Fees related to bonds issued on behalf of auxiliary facilities prior to July 1, 1997. (I) For any bonds or other debt obligations issued or incurred prior to July 1, 1997, on behalf of an auxiliary facility: (A) Approval of the student body is not required for any fee assessed for repayment of said bonds or other debt obligations; (B) Approval of the student body is not required to increase any fee that is applied to the repayment of said bonds or other debt obligations if the fee increase is necessitated by a covenant in the authorizing bond resolution or other agreement for which the bonds or other debt obligations were issued or incurred; (C) Approval of the student body is not required to increase any fee that is applied to the repayment of said bonds or other debt obligations if the fee increase is assessed for the repayment of bonds that are issued to refund the existing bonds. (II) The issuing or incurring governing board may, subject to the restrictions specified in paragraph (c) of this subsection (5), pledge any excess revenue received from the fee, whether it is a user fee or a portion of a general student fee applied to the repayment of such bonds or other debt obligations, to the repayment of any bonds or other debt obligations issued or incurred on behalf of any other auxiliary facility, so long as such pledge of excess revenue from any general student fee authorized for the repayment of bonds or other debt obligation issued or incurred to finance a specific facility shall terminate upon full repayment of all bonds or other debt obligations, including refunding bonds or obligations, and all fees and costs related to such bonds or other debt obligations incurred with respect to such specific facility. (III) On and after the date upon which all bonds or other debt obligations issued, secured, or incurred pursuant to this paragraph (b) are fully repaid: (A) The amount of the user fee, if any, assessed against persons using the auxiliary facility shall be reduced, if necessary, so as not to exceed one hundred ten percent of the costs incurred in operating and maintaining the auxiliary facility during the preceding year; except that Colorado Revised Statutes 2019 Page 199 of 673 Uncertified Printout the governing board may reduce the amount of the user fee to an amount not to exceed one hundred twenty percent of the costs incurred in operating and maintaining the auxiliary facility during the preceding year and set aside the additional ten percent in a reserve fund for repair and replacement of the auxiliary facility; (B) The governing board shall cease collecting any portion of a general student fee assessed for the repayment of the bonds or other debt obligations; except that, if no user fee was assessed for the repayment of the bonds or other debt obligations or if the amount of the user fee is less than the costs incurred in operating and maintaining the auxiliary facility during the preceding year, the governing board may continue collecting the specified portion of the general student fee that was applied to repayment of the bonds or other debt obligations so long as said portion of the general student fee is reduced, if necessary, to an amount that, in combination with any user fee collected for the auxiliary facility, does not exceed one hundred ten percent of the costs incurred in operating and maintaining the auxiliary facility during the preceding year. Notwithstanding the provisions of this sub-subparagraph (B), the governing board may reduce said portion of the general student fee to an amount that, in combination with any user fee collected for the auxiliary facility, does not exceed one hundred twenty percent of the costs incurred in operating and maintaining the auxiliary facility during the preceding year and set aside the additional ten percent in a reserve fund for repair and replacement of the auxiliary facility. (C) The revenues received pursuant to this subparagraph (III), either through a user fee or through a specified portion of a general student fee, may not be pledged for the repayment of any bonds or other debt obligations issued on behalf of any other auxiliary facility. Any amount of said revenue that exceeds both the amount necessary for the operation and maintenance of the auxiliary facility and any amount set aside in a reserve fund for repair and replacement of the auxiliary facility is surplus and may be used by the governing board as provided in section 23-5103 (3). (c) Restrictions on pledging of amounts received in fees. (I) Subject to the provisions of paragraphs (a) and (b) of this subsection (5), a user fee that is assessed against persons using an auxiliary facility that is not designated as an enterprise pursuant to section 23-5-101.5 may be pledged for the repayment of bonds or other debt obligations issued or incurred on behalf of any other auxiliary facility that is not designated as an enterprise, as provided in sections 23-5-102 and 23-5-103. (II) Subject to the provisions of paragraphs (a) and (b) of this subsection (5), a user fee that is assessed against persons using an auxiliary facility that is designated as an enterprise by the university of Colorado pursuant to section 23-5-101.5 may be pledged for the repayment of bonds or other debt obligations issued or incurred on behalf of another auxiliary facility that is designated as an enterprise by the university of Colorado, as provided in sections 23-5-102 and 23-5-103. (III) A governing board may not pledge a user fee assessed against persons using an auxiliary facility that is not designated as an enterprise for repayment of bonds or other debt obligations issued or incurred on behalf of any auxiliary facility that is designated as an enterprise or on behalf of the institution with which the auxiliary facility is associated. Except as otherwise provided in subparagraph (II) of this paragraph (c), a governing board may not pledge a user fee assessed against persons using an auxiliary facility that is designated as an enterprise pursuant to section 23-5-101.5 for the repayment of bonds or other debt obligations issued or Colorado Revised Statutes 2019 Page 200 of 673 Uncertified Printout incurred on behalf of any other auxiliary facility, regardless of whether the other auxiliary facility is designated as an enterprise, or on behalf of the institution with which the auxiliary facility is associated. (d) Itemization of bond fees. Every fee, the purpose of which includes making payments on bonds or other obligations, shall be separately itemized on the student billing statement. (6) (a) As soon as practicable following August 10, 2011, each governing board shall make reasonable efforts to provide on the website for each institution or campus it governs current information about the tuition rates and fees, including information concerning the purposes of the fees, charged by the institution or campus; except that the institution or campus may provide information about fees that are specific to courses or programs either on its website or in the most recent course catalog, whichever is appropriate. (b) As soon as practicable following August 10, 2011, each governing board shall make reasonable efforts to provide a function for calculating tuition and fees on the website of each institution or campus it governs to assist students in estimating their annual and total cost of attendance at the institution or campus. (c) Beginning with the 2011-12 academic year, each governing board shall ensure that the tuition bill for each student enrolled in an institution or campus governed by the governing board includes a clear itemization of the fees charged to the student. (7) In establishing fees, a governing board shall comply with the procedures specified in the fee plan for the applicable institution or campus. In addition, the governing board shall provide to students at least thirty days' advance notice of a new fee assessment or fee increase, which notice, at a minimum, specifies: (a) The amount of the new fee or of the fee increase; (b) The reason for the new fee or fee increase; (c) The purpose for which the institution will use the revenues received from the new fee or fee increase; and (d) Whether the new fee or fee increase is temporary or permanent and, if temporary, the expected date on which the new fee or fee increase will be discontinued. (8) A decision by a governing board with regard to a fee shall be final and incontestable either on the thirtieth day after final action by the governing board or on the date on which any evidence of indebtedness or other obligation payable from the fee revenues is issued or incurred by the governing board, whichever is earlier. Source: L. 2011: Entire section added, (HB 11-1301), ch. 297, p. 1411, § 2, effective August 10. 23-5-120. Student fees - deposit - interest. (1) Student fees imposed by a governing board for a student association or student government at a state-supported institution of higher education and collected from students enrolled in such institution shall be deposited in a separate fund of the institution to be used for the purposes for which the fees were charged. All interest derived from the deposit and investment of moneys in the fund shall be credited to the fund. (2) Nothing in this section shall limit the authority of the governing board of any statesupported institution of higher education to pledge moneys in the fund described in subsection Colorado Revised Statutes 2019 Page 201 of 673 Uncertified Printout (1) of this section for any of the purposes permitted under section 23-5-103 if the student action authorizing such fees contemplated such pledge. Source: L. 90: Entire section added, p. 1141, § 6, effective July 1. 23-5-121. Governing boards - authority to establish nonprofit corporations for developing discoveries and technology. (1) The general assembly recognizes that the transfer of newly created technologies from university research to the private sector and the resulting potential creation and expansion of Colorado companies are essential to the economic growth of this state, promote the public good, and should be encouraged. The general assembly further recognizes that a valid public purpose will be furthered and a commitment to the economic growth of this state demonstrated by empowering the governing boards of the state-supported institutions of higher education and the Colorado commission on higher education, referred to in this section as the "commission", to establish nonprofit corporations to effect such a transfer and development and by empowering the governing boards of the state-supported institutions of higher education to cooperate with the private sector. (2) The governing board of any state-supported institution of higher education or the commission may incorporate one or more private nonprofit corporations under articles 121 to 137 of title 7, C.R.S., for the purpose of developing discoveries and technology resulting from science and technology research at such state-supported institution of higher education. Such a corporation shall have all rights and powers of a private nonprofit corporation organized under the laws of this state and shall not be an agency of state government or a department or political subdivision thereof and shall not be subject to any provisions of law affecting only governmental or public entities; except that provisions as provided for in section 23-1-108 (1)(f) regarding affirmative action shall be followed. (3) The governing board of any state-supported institution of higher education or the commission may transfer to a corporation incorporated pursuant to subsection (2) of this section all rights to discoveries and technologies resulting from science and technology research at such state-supported institution of higher education. Such transfer may be made in consideration of the corporation's undertaking to develop the technology for the benefit of the state-supported institution of higher education and the state. Any such rights to discoveries and technologies that are transferred to the corporation by a governing board or by the commission shall not be further transferred by the corporation without adequate consideration being received therefor. (4) Prior to the transfer to a corporation incorporated pursuant to subsection (2) of this section of all rights to discoveries and technologies resulting from science and technology research at any state-supported institution of higher education, the governing board of such statesupported institution of higher education or the commission shall enter into an agreement with said corporation that shall include the terms of financial remuneration due the institution or the commission. (5) As a means of carrying out the purposes stated in this section, the governing board of any state-supported institution of higher education or the commission may, through one or more corporations incorporated pursuant to subsection (2) of this section: (a) Own and license rights to products, technology, and scientific information; Colorado Revised Statutes 2019 Page 202 of 673 Uncertified Printout (b) Own shares in corporations engaged in the development, manufacture, or marketing of products, technology, or scientific information under a license from the governing board or the commission or a corporation incorporated pursuant to subsection (2) of this section; (c) Participate as the general partner or as a limited partner, either directly or through a subsidiary corporation formed for that purpose, in limited partnerships, general partnerships, or joint ventures engaged in the development, manufacture, or marketing of products, technology, or scientific information under a license from the board or the commission or a corporation incorporated pursuant to subsection (2) of this section; except that the governing board shall be subject to the provisions of section 24-113-104, C.R.S., regarding competition with private enterprise by institutions of higher education; (d) Develop economic incentives for faculty members and other employees of the statesupported institution of higher education or the commission in order to encourage development of technology, which may include assignment of a share of the royalty payments, payment of supplemental compensation, or such other economic incentives as will in the judgment of the governing board or the commission best promote the purposes of this section; (e) In the case of a governing board of a state-supported institution of higher education, cooperate with the commission and the office of information technology created in the office of the governor in technology transfers pursuant to section 23-1-106.7; (e.5) In the case of the commission, accept donations, income or other revenues and make grants to support commission programs; and (f) Carry on such other activities as the governing board or the commission may deem appropriate for achieving the purposes of this section. (6) At the discretion of the governing board of the state-supported institution of higher education, research facilities and personnel at their own institutions or campuses may be utilized to achieve the purposes of this section. (7) The state of Colorado or state-supported institution or the commission shall not be held responsible for any debt or liability incurred by the corporation created pursuant to subsection (2) of this section. Source: L. 91: Entire section added, p. 552, § 1, effective April 19. L. 93: Entire section amended, p. 638, § 1, effective April 30. L. 97: (2) amended, p. 763, § 34, effective July 1, 1998. L. 99: (2) amended, p. 850, § 6, effective May 24; entire section amended, p. 882, § 9, effective July 1. L. 2000: Entire section amended, p. 412, § 3, effective April 13. L. 2006: (5)(e) amended, p. 1734, § 16, effective June 6. 23-5-122. Intrainstitutional and intrasystem transfers - course scheduling. (1) On or before October 1, 1993, the governing board of every state-supported institution of higher education shall have in place and enforce policies regarding transfers by students between undergraduate degree programs which are offered within the same institution or within the same institutional system. Such policies shall include, but shall not be limited to, the following provisions: (a) If, not more than ten years prior to transferring into an undergraduate degree program, a student earns credit hours which are required for graduation from such undergraduate degree program, such credit hours shall apply to the completion of such student's graduation requirements from such undergraduate degree program following such transfer; Colorado Revised Statutes 2019 Page 203 of 673 Uncertified Printout (b) A student who transfers into an undergraduate degree program shall not be required to complete a greater number of credit hours in those courses which are required for graduation from such undergraduate degree program than are required of students who began in such undergraduate degree program, nor shall there be any minimum number of credit hours required post-transfer other than the normal degree requirements for nontransferring students; and (c) The grade point average which is required for a student to apply for and be fully considered for transfer into an undergraduate degree program shall be no higher than that which is required for graduation from such undergraduate degree program. Source: L. 93: Entire section added, p. 2126, § 8, effective June 11. 23-5-123. Sabbatical leave - legislative declaration - policy - production of records. (1) The general assembly hereby recognizes the necessity of maintaining a high caliber of faculty within the state system of higher education and the importance of the faculty's contribution in delivering quality education within the state system of higher education. The general assembly recognizes that faculty sabbaticals play an important role in developing and enhancing faculty expertise, thereby supporting faculty excellence in teaching and research. The general assembly also recognizes that a faculty sabbatical is a privilege, rather than a right, and should be granted only when it results in adding value to the institution, the students' education, and the state. The general assembly therefore declares that state-supported institutions of higher education should judiciously grant faculty sabbaticals that will improve excellence within the state system of higher education and will thereby benefit the state. (2) (a) On or before October 1, 1994, the governing board of each state-supported institution of higher education shall have in place and shall enforce policies regarding faculty sabbaticals, including but not limited to the policies specified in this subsection (2). (b) Effective October 1, 1994, a governing board of an institution of higher education may not authorize a sabbatical or extended administrative paid leave for any person holding an administrative position at a state-supported institution of higher education; except that a governing board may, for a reasonable period of time, authorize administrative paid leave for disciplinary or investigatory purposes. (c) A governing board may not grant a sabbatical for any faculty member more often than once every seven years. (d) Prior to taking a sabbatical, a faculty member shall submit to the governing board of the institution that employs the faculty member a detailed sabbatical plan that: (I) Specifies how the sabbatical activity will result in the faculty member's professional growth, how it will enhance the institution's reputation and the students' educational experience at the institution, and how it will increase the overall level of knowledge in the faculty member's area of expertise; (II) Specifies the goals that the faculty member will achieve while on sabbatical. (e) A governing board may not grant a subsequent sabbatical to any faculty member who does not meet the goals stated in the faculty member's sabbatical plan. (f) The governing board of each institution shall approve any sabbaticals taken by faculty at the institution in advance. In approving a sabbatical, the governing board shall consider the quality of the faculty member's proposed activities while on sabbatical, the Colorado Revised Statutes 2019 Page 204 of 673 Uncertified Printout individuals who will be involved in such activities, and the benefits to be received from such activities by the faculty member, the institution, and the students at the institution. (g) Upon completion of a sabbatical, the faculty member shall submit a final sabbatical report to the governing board of the institution that employs the faculty member, including a summary of the faculty member's activities while on sabbatical and the benefits derived by the faculty member. Final sabbatical reports need not include specific details of the faculty member's research conducted while on sabbatical. Final sabbatical reports are open records pursuant to section 24-72-203, C.R.S., and may not be included in the faculty member's personnel file. (h) Each participant in the sabbatical process is responsible for ensuring that each sabbatical meets the requirements of this section and any other requirements that may be included in the appropriate governing board's sabbatical policy. Each governing board shall specify a mechanism to hold each participant in the sabbatical process accountable for meeting the sabbatical policy requirements. (3) Each governing board shall produce all sabbatical records for all approved sabbaticals and a list of all disapproved sabbaticals for inspection by the joint budget committee, the education committees of the senate and the house of representatives, and the Colorado commission on higher education upon request. In addition, each governing board shall distribute copies of the sabbatical policies developed by each governing board pursuant to this section, with amendments as necessary, to the education committees of the senate and the house of representatives and to the Colorado commission on higher education. Source: L. 94: Entire section added, p. 830, § 1, effective April 28. 23-5-124. Student enrollment - prohibition - public peace and order convictions definitions. (1) No person who is convicted of a riot offense shall be enrolled in a statesupported institution of higher education for a period of twelve months following the date of conviction. (2) A student who is enrolled in a state-supported institution of higher education and who is convicted of a riot offense shall be immediately suspended from the institution upon the institution's notification of such conviction for a period of twelve months following the date of conviction; except that if a student has been suspended prior to the date of conviction by the state-supported institution of higher education for the same riot activity, the twelve month suspension shall run from the start of the suspension imposed by the institution. (3) Nothing in this section shall be construed to prohibit a state-supported institution of higher education from implementing its own policies and procedures or disciplinary actions, in addition to the suspension in subsection (2) of this section, regarding students involved in riots. (4) (a) The court in each judicial district shall report to the Colorado commission on higher education the name of any person who is convicted in the judicial district of a riot offense. (b) The Colorado commission on higher education shall make the conviction reports received pursuant to paragraph (a) of this subsection (4) available to all state-supported institutions of higher education with the notification that the persons included in the conviction reports are subject to the provisions of this section and that the state-supported institution of higher education in which any of such persons are enrolled shall consider appropriate disciplinary action against the student. Colorado Revised Statutes 2019 Page 205 of 673 Uncertified Printout (5) Each state-supported institution of higher education shall notify its students and prospective students of the requirements of this section. The governing board of each statesupported institution of higher education shall prescribe the manner in which this information shall be disseminated. (6) For purposes of this section, unless the context otherwise requires: (a) "Convicted" means having received a verdict of guilty, pleaded guilty or nolo contendere, or having received a deferred judgment and sentence. (b) "Riot offense" means: (I) Inciting riot, as described in section 18-9-102, C.R.S.; (II) Arming rioters, as described in section 18-9-103, C.R.S.; (III) Engaging in a riot, as described in section 18-9-104, C.R.S. (c) "State-supported institution of higher education" means any postsecondary institution that is governed by: (I) The board of governors of the Colorado state university system; (II) The board of regents of the university of Colorado; (III) The board of trustees of the Colorado school of mines; (IV) The board of trustees for the university of northern Colorado; (V) (Deleted by amendment, L. 2003, p. 790, § 10, effective July 1, 2003.) (VI) The state board of community colleges and occupational education; (VII) The board of any local college district in Colorado; (VIII) The board of trustees for Adams state university; (IX) The board of trustees for Colorado Mesa university; (X) The board of trustees for Western Colorado university; (XI) The board of trustees for Fort Lewis college; or (XII) The board of trustees for Metropolitan state university of Denver. Source: L. 2002: Entire section added, p. 1134, § 1, effective June 3. L. 2003: (6)(c)(I), (6)(c)(VI), and (6)(c)(VII) amended and (6)(c)(XI) and (6)(c)(XII) added, p. 1994, § 38, effective May 22; (6)(c) amended, p. 790, § 10, effective July 1. L. 2011: (6)(c)(IX) amended, (SB 11-265), ch. 292, p. 1367, § 22, effective August 10. L. 2012: (6)(c)(VIII) amended, (HB 12-1080), ch. 189, p. 759, § 17, effective May 19; (6)(c)(XII) amended, (SB 12-148), ch. 125, p. 427, § 13, effective July 1;(6)(c)(X) amended, (HB 12-1331), ch. 254, p. 1271, § 16, effective August 1. L. 2019: (6)(c)(X) amended, (HB 19-1178), ch. 400, p. 3546, § 15, effective July 1. Editor's note: (1) Subsections (6)(c)(XI) and (6)(c)(XII) were originally numbered as (6)(c)(VIII) and (6)(c)(IX), respectively, in House Bill 03-1344, but were renumbered on revision for ease of location. (2) Amendments to subsection (6)(c) by House Bill 03-1093 and House Bill 03-1344 were harmonized. Cross references: For the legislative declaration in the 2011 act amending subsection (6)(c)(IX), see section 1 of chapter 292, Session Laws of Colorado 2011. For the legislative declaration in the 2012 act amending subsection (6)(c)(XII), see section 1 of chapter 125, Session Laws of Colorado 2012. Colorado Revised Statutes 2019 Page 206 of 673 Uncertified Printout 23-5-125. Campus sex offender information. Each institution of postsecondary education in the state shall provide a statement to its campus community identifying the name and location at which members of the community may obtain the law enforcement agency information collected pursuant to section 16-22-110 (3.5), C.R.S., concerning registered sex offenders. Source: L. 2002: Entire section added, p. 1201, § 2, effective July 1; entire section amended, p. 1192, § 39, effective July 1. Editor's note: This section was originally numbered as 23-5-124 in House Bill 02-1114, but was renumbered on revision for ease of location. 23-5-126. Governing boards - anti-terrorism measures. (1) The Colorado commission on higher education in consultation with each governing board shall adopt such guidelines and policies, no later than December 1, 2002, as may be necessary to provide all lawful information requested by the federal bureau of investigation, the central intelligence agency, the department of homeland security, or any other federal agency in connection with an anti-terrorism investigation. The guidelines and policies shall include requiring each statesupported institution of higher education to verify and report the status of all foreign students, as required by the department of homeland security, or any other federal agency. (2) The administrators at each state-supported institution of higher education shall cooperate with and provide, in an immediate manner, all lawful information requested by the federal bureau of investigation, the central intelligence agency, the department of homeland security, or any other federal agency in connection with an anti-terrorism investigation. Source: L. 2002: Entire section added, p. 999, § 1, effective June 1. L. 2011: Entire section amended, (HB 11-1303), ch. 264, p. 1162, § 50, effective August 10. Editor's note: This section was originally numbered as 23-5-124 in Senate Bill 02-113, but was renumbered on revision for ease of location. 23-5-127. Unique student identifying number - social security number - prohibition. (1) Each postsecondary institution in Colorado shall assign to each student enrolled in the institution a unique primary identifier that may be a series of numbers or characters. (2) On and after July 1, 2003, each postsecondary institution in Colorado shall take reasonable and prudent steps to ensure the privacy of a student's social security number. (3) (a) On and after July 1, 2004, a postsecondary institution in Colorado shall not use a student's social security number or part of a student's social security number as the student's primary identifier. (b) Notwithstanding the provisions of paragraph (a) of this subsection (3), the Colorado commission on higher education may allow a postsecondary institution in Colorado to use a student's social security number or part of a student's social security number as the student's primary identifier if: Colorado Revised Statutes 2019 Page 207 of 673 Uncertified Printout (I) The institution demonstrates to the satisfaction of the commission that the institution is unable to comply with the provisions of paragraph (a) of this subsection (3) because of the financial cost of compliance; and (II) The institution submits to the commission and the commission approves a plan and timetable for phasing out the use of a student's social security number or part of a student's social security number as the student's primary identifier. (4) (a) Notwithstanding the provisions of paragraph (b) of subsection (3) of this section, for each student who graduates from or was enrolled in a Colorado high school, a postsecondary institution in Colorado that is eligible for the college opportunity fund program created in section 23-18-201 shall use the unique student identifier assigned, in accordance with rules adopted pursuant to section 22-11-104, C.R.S., to the student while he or she was enrolled in the elementary to secondary public education system, including public prekindergarten programs, as an alternative student identifier at the postsecondary institution. (b) Adams state university, Colorado Mesa university, Western Colorado university, and Metropolitan state university of Denver shall implement the provisions of subsection (4)(a) of this section on or before July 1, 2008. All other postsecondary institutions shall implement the provisions of subsection (4)(a) of this section on or before July 1, 2009. Source: L. 2003: Entire section added, p. 1042, § 1, effective April 17. L. 2006: (4) added, p. 715, § 1, effective July 1. L. 2007: (4)(b) amended, p. 1065, § 4, effective May 23. L. 2009: (4)(a) amended, (SB 09-163), ch. 293, p. 1546, § 56, effective May 21. L. 2011: (4)(b) amended, (SB 11-265), ch. 292, p. 1368, § 23, effective August 10. L. 2012: (4)(b) amended, (HB 12-1080), ch. 189, p. 760, § 18, effective May 19; (4)(b) amended, (SB 12-148), ch. 125, p. 427, § 14, effective July 1; (4)(b) amended, (HB 12-1331), ch. 254, p. 1271, § 17, effective August 1. L. 2019: (4)(b) amended, (HB 19-1178), ch. 400, p. 3546, § 16, effective July 1. Editor's note: Amendments to subsection (4)(b) by House Bill 12-1080, Senate Bill 12148, and House Bill 12-1331 were harmonized. Cross references: For the legislative declaration in the 2011 act amending subsection (4)(b), see section 1 of chapter 292, Session Laws of Colorado 2011. For the legislative declaration in the 2012 act amending subsection (4)(b), see section 1 of chapter 125, Session Laws of Colorado 2012. 23-5-128. Meningococcal disease - information - immunity - definitions. (1) As used in this section: (a) "Institution" means any public or nonpublic postsecondary education institution in the state. (b) "New student" means each incoming freshman student residing in student housing, as defined by the institution, or any student who the institution requires to complete and return a standard certificate indicating immunizations received by the student as a requirement for residing in student housing. (2) (a) On and after July 1, 2005, each institution shall provide to each new student, or, if a new student is under the age of eighteen years, to the student's parent or guardian, information concerning meningococcal disease, including but not limited to the following: Colorado Revised Statutes 2019 Page 208 of 673 Uncertified Printout (I) (A) Meningococcal disease is a serious disease; (B) Meningococcal disease is a contagious, but a largely preventable, infection of the spinal cord fluid and the fluid that surrounds the brain; (C) Scientific evidence suggests that college students living in dormitory facilities are at a modestly increased risk of contracting meningococcal disease; and (D) Immunization against meningococcal disease decreases the risk of contracting the disease. (II) Website addresses, telephone numbers, or other similar information to assist a new student or the student's parent or legal guardian in identifying a location or locations where the new student may receive an immunization against meningococcal disease. (b) An institution may provide the information required by subparagraph (I) of paragraph (a) of this subsection (2) exactly as written or through similar language that reasonably meets the intent of the notification requirement and is based upon established and scientifically recognized medical or epidemiological data. (3) On and after July 1, 2005, each institution shall require each new student who has not received a vaccination against meningococcal disease, or, if the new student is under the age of eighteen years, the student's parent or guardian, to check a box on a document provided by the institution stating that the signor has reviewed the information provided pursuant to subsection (2) of this section and has decided that the new student will not obtain a vaccination against meningococcal disease. An institution may include the acknowledgment required in this section on another signed document used to collect health or housing information that must be returned to the institution and that the institution is already required to retain for other purposes regarding the student's health or housing. (4) Nothing in this section shall be construed to: (a) Require a student who is planning to reside in student housing to obtain the vaccination against meningococcal disease; (b) Require an institution to provide or pay for the vaccination of a student; or (c) Prohibit an institution from establishing additional requirements concerning meningococcal vaccination. (5) An institution that has made a reasonable effort to comply with this section shall not be liable for damages for injuries sustained by a student as a result of contracting meningococcal disease where the student's claim is based solely upon the provision of the information required by paragraph (a) of subsection (2) of this section. Source: L. 2004: Entire section added, p. 484, § 1, effective August 4. 23-5-129. Governing boards - performance contract - authorization - operations definitions. (Repealed) Source: L. 2004: Entire section added, p. 712, § 3, effective July 1. L. 2005: (2)(e) and (6)(c) amended, p. 1015, § 8, effective June 2. L. 2008: (6)(b) amended, p. 1479, § 20, effective May 28. L. 2010: (4) repealed and (6)(c) and (10) amended, (SB 10-003), ch. 391, pp. 1847, 1841, §§ 21, 6, effective June 9. L. 2011: (1)(b), (2)(a), (2)(f), (5)(a), and (9) amended and (5)(a.5) and (11) added, (SB 11-052), ch. 232, pp. 998, 999, §§ 3, 4, effective May 27; (5)(a) and (9) amended, (HB 11-1303), ch. 264, p. 1162, § 51, effective August 10. L. 2016: (1)(b) and (11) Colorado Revised Statutes 2019 Page 209 of 673 Uncertified Printout amended, (HB 16-1082), ch. 58, p. 145, § 18, effective August 10. L. 2017: Entire section repealed, (SB 17-297), ch. 210, p. 819, § 11, effective May 18. 23-5-130. Governing boards - fee-for-service contracts - authorization. (Repealed) Source: L. 2004: Entire section added, p. 712, § 3, effective July 1. L. 2005: (2)(b), (2)(c), (2)(d), and (2)(h) amended, p. 1015, § 7, effective June 2.L. 2014: Entire section repealed, (HB 14-1319), ch. 169, p. 611, § 3, effective May 9. Editor's note: Subsections (2)(b)(II), (2)(c)(II), and (2)(d)(II) provided for the repeal of subsections (2)(b), (2)(c), and (2)(d), respectively, effective July 1, 2006. (See L. 2005, p. 1015.) Cross references: For current provisions relating to fee-for-service contracts, see § 2318-303. 23-5-130.5. Governing boards - tuition-setting - repeal. (Repealed) Source: L. 2010: Entire section added, (SB 10-003), ch. 391, p. 1837, § 3, effective June 9. L. 2014: (2) amended and (2.5) added, (SB 14-001), ch. 138, p. 474, § 3, effective May 1. Editor's note: Subsection (5) provided for the repeal of this section, effective July 1, 2016. (See L. 2010, p. 1837.) 23-5-131. Governing boards - tuition - fixed rate contract - definitions. (1) As used in this section, unless the context otherwise requires: (a) "Commission" means the Colorado commission on higher education. (b) "Fixed rate" means the fixed tuition rate specified in a contract between a statesupported institution of higher education and a student enrolled in the institution. (c) "Program" means the fixed tuition rate program. (d) "Student" means a student who is classified for tuition purposes as an in-state student. (2) There is hereby established a fixed tuition rate program. The governing board of each state-supported institution of higher education that has been designated as an enterprise pursuant to section 23-5-101.7 may offer a fixed tuition rate to a student who is willing to enter into a contract with the institution for the fixed rate. A fixed-rate contract shall also specify the amount of the student fees collected by the institution as of the date of the contract and shall inform the student that the amount of student fees may increase over the term of the contract in accordance with the institution's student fee plan adopted pursuant to section 23-5-119.5. (3) If a student is unable to complete a degree program within the duration of the fixedrate contract because a course is unavailable due to a lack of available classes or class space, the state-supported institution of higher education shall provide the course to the student free of charge. (4) (a) Each governing board that is participating in the program shall establish guidelines for each institution under its control relating to the fixed tuition rate program that Colorado Revised Statutes 2019 Page 210 of 673 Uncertified Printout shall include, at a minimum, the degree of flexibility a student has in changing majors or degree programs without voiding a fixed-rate contract. (b) (Deleted by amendment, L. 2011, (HB 11-1301), ch. 297, p. 1410, § 1, effective August 10, 2011.) (c) Each state-supported institution of higher education under the direction and control of a governing board participating in the program shall publish information relating to the fixedrate contract option in the institution's course catalog or student handbook and on the institutional website. (5) and (6) Repealed. Source: L. 2004: Entire section added, p. 1338, § 1, effective July 1. L. 2011: (5) repealed, (SB 11-101), ch. 42, p. 111, § 1, effective March 21; (1)(b), (1)(c), (2), (4)(a), and (4)(b) amended and (6) added, (HB 11-1301), ch. 297, p. 1410, § 1, effective August 10. L. 2017: (6) repealed, (SB 17-294), ch. 264, p. 1399, § 59, effective May 25. 23-5-132. Governing boards - travel policies - exemption from state travel rules. Each governing board shall adopt travel policies for the institutions of higher education under its control, including but not limited to the use of travel services or travel agencies by the employees of the governing board or said institutions. Any rules adopted by the state controller pursuant to section 24-30-202 (26), or by the executive director of the department of personnel pursuant to section 24-102-202, that impose restrictions or requirements pertaining to the use of travel services or travel agencies shall not apply to a governing board or state institution of higher education. Source: L. 2005: Entire section added, p. 1017, § 12, effective June 2. L. 2017: Entire section amended, (HB 17-1051), ch. 99, p. 350, § 63, effective August 9. 23-5-133. Instructors - health benefits study - report. (1) The Colorado commission on higher education shall conduct a study to determine the impact of providing health and dental benefits to persons who are employed by one or more state colleges, universities, or community colleges and who teach an aggregate of fifteen or more credit hours at one or more state colleges, universities, or community colleges in a consecutive twelve-month period. In the course of conducting the study, the commission shall determine but shall not be limited to determining the following: (a) The number of persons who are employed by one or more state colleges, universities, or community colleges who teach an aggregate of fifteen or more credit hours in a consecutive twelve-month period and who are not eligible to enroll in a health insurance benefit plan and a dental insurance benefit plan provided through a state college, university, or community college; (b) The number of persons specified in paragraph (a) of this subsection (1) who are teaching at each state college, university, or community college; (c) The estimated annual cost of providing health insurance benefits and dental insurance benefits to the persons specified in paragraph (a) of this subsection (1), including but not limited to the cost of paying the employer's share of the premium for such benefits and any administrative costs; and Colorado Revised Statutes 2019 Page 211 of 673 Uncertified Printout (d) Any other information deemed necessary by the Colorado commission on higher education in order to determine the impact of providing health insurance benefits and dental insurance benefits to the persons specified in paragraph (a) of this subsection (1). (2) The Colorado commission on higher education shall work with each state college, university, and community college that employs one or more persons who teach an aggregate of fifteen or more credit hours at one or more state colleges, universities, or community colleges in order to collect the information required pursuant to this section. (3) In connection with the study required pursuant to this section, each state college, university, and community college shall, when it next negotiates its health insurance and dental insurance benefit plans, evaluate the options for and costs of including persons who teach less than full time at the state college, university, or community college in such benefit plans. Each state college, university, and community college shall transmit its findings to the Colorado commission on higher education, and the commission shall include the finding in the report required pursuant to subsection (4) of this section. (4) The Colorado commission on higher education shall submit a report to the members of the house and senate education committees, or any successor committees, detailing the results of the study conducted pursuant to this section and including the findings of each state college, university, and community college pursuant to subsection (3) of this section, no later than January 15, 2007. Source: L. 2006: Entire section added, p. 846, § 1, effective May 4. 23-5-134. Appointments to governing boards - considerations. (1) It is the intent of the general assembly that the governor shall consider, when appointing individuals to serve on governing boards of institutions of higher education, an individual's: (a) Commitment to public education; (b) Record of public or community service; (c) Knowledge of complex organizations and academic institutions; (d) Demonstrated collaborative leadership; (e) Commitment to open-minded, nonpartisan decision-making; and (f) Record of integrity and civic virtue. Source: L. 2006: Entire section added, p. 1235, § 10, effective May 26. Editor's note: This section was originally numbered as 23-5-133 in Senate Bill 06-204 but has been renumbered on revision for ease of location. 23-5-135. Governing boards - underserved students - report - repeal. (Repealed) Source: L. 2006: Entire section added, p. 1351, § 1, effective June 1. Editor's note: (1) This section was originally numbered as 23-5-133 in House Bill 061024 but was renumbered on revision for ease of location. (2) Subsection (2) provided for the repeal of this section, effective July 1, 2007. (See L. 2006, p. 1351.) Colorado Revised Statutes 2019 Page 212 of 673 Uncertified Printout 23-5-136. Governing boards - online textbook program. Each governing board of a state institution of higher education shall consider creation and implementation of an online textbook library at the institution to allow students to purchase only those materials needed for the applicable course work. In considering the program, the governing board, at a minimum, shall take into account both the costs to the institution of higher education and the potential for reduced costs to students. Whether an institution of higher education creates an online textbook library shall be at the sole discretion of the institution's governing board. Source: L. 2006: Entire section added, p. 1351, § 1, effective June 1. Editor's note: This section was originally numbered as 23-5-134 in House Bill 06-1024 but has been renumbered on revision for ease of location. 23-5-137. Loan repayment assistance - legislative declaration - definitions. (1) This section shall be known and may be cited as the "Loan Repayment Assistance Act". (2) (a) The general assembly hereby finds, determines, and declares that: (I) It is of great value to the state to encourage students and graduates of institutions of higher education to enter public interest careers; (II) With rising costs of education and the debt that many students incur to finance their education, there are increasing barriers to entering public interest employment because the pay is typically substantially lower than that of other employment sectors; and (III) Inspired by a tradition of public interest, the university of Colorado law school developed a loan repayment assistance program to encourage and assist students and graduates to enter careers related to public interest and to help improve access to the justice system. (b) The general assembly therefore declares that it is in the best interest of the state of Colorado to encourage and authorize institutions of higher education to create loan repayment assistance programs that provide for the partial or full repayment of the educational loans of students or graduates who enter public interest careers. (3) As used in this section, unless the context otherwise requires: (a) "Institution of higher education" means a postsecondary educational institution established and existing pursuant to law. (b) "Program" means a loan assistance repayment program authorized pursuant to this article for students or graduates who enter public interest careers. (4) (a) The governing board of each institution of higher education is hereby encouraged and authorized to establish a loan repayment assistance program to assist students or graduates from the institution who select careers in public interest. The governing board of each institution shall establish criteria and rules to govern the implementation and operation of the program at the institution. The program shall allow the governing board to provide a loan or a grant to a student or graduate of the institution in accordance with the criteria and rules set forth by the governing board pursuant to this section. (b) Private contributions made for the benefit of a program and other available funds shall fund a program at an institution of higher education. An institution of higher education shall hold moneys to support a program in a fund account, and any unexpended or unencumbered moneys remaining in the account at the end of a fiscal year shall remain in the account and shall not revert or be transferred to another account or fund. Colorado Revised Statutes 2019 Page 213 of 673 Uncertified Printout Source: L. 2007: Entire section added, p. 431, § 1, effective April 9. 23-5-138. Textbooks - academic freedom - definitions. (1) As used in this section, unless the context otherwise requires: (a) "Adopting entity" means the person or persons responsible for selecting and ordering a textbook or supplemental learning material for use in a college course at a state institution of higher education. (b) "Bundle" means one or more college textbooks or other supplemental learning materials offered in combination with one or more additional educational products to be sold as course materials for a single price. (c) "College textbook" means a textbook or set of textbooks developed for use in a course in postsecondary education at a state institution of higher education. The term "college textbook" includes but need not be limited to custom textbooks and integrated textbooks. (d) "Course material" means any textbook or other instructional tool that is published with the intent that it be used for or in conjunction with classroom instruction and that is adopted for academic use by faculty members, instructors, or the person or entity in charge of selecting learning material at the state institution of higher education. (e) "Custom textbook" means a college textbook that is compiled at the direction of a faculty member, instructor, or other person or adopting entity in charge of selecting course materials at a state institution of higher education. A custom textbook may include but need not be limited to selections from original instructor materials, previously copyrighted publisher materials, copyrighted third-party works, or elements unique to a specific institution such as commemorative editions. (f) "Integrated textbook" means a college textbook that is combined with materials and is designed solely for use as a combined unit, or that is developed by a third party and that, according to third-party contractual agreements, a publisher may not offer separately from the textbook with which the materials are combined. (g) "Publisher" means a publisher of college textbooks or supplemental learning materials. (h) "State institution of higher education" shall have the same meaning as provided in section 23-18-102 (10). (i) "Substantial content" means a part of a college textbook, such as a new chapter, coverage of an additional historical era, a new theme, or new subject matter. (j) "Supplemental learning material" means educational material developed to accompany a college textbook. Supplemental learning material is not a component of an integrated textbook. Supplemental learning material may include but need not be limited to printed materials, computer disks, website access, and electronically distributed materials. (2) Beginning on or before July 1, 2009: (a) When a publisher provides a faculty member, instructor, or other person or adopting entity in charge of selecting course materials at a state institution of higher education with information regarding a college textbook or supplemental learning material, the publisher shall provide, in writing or electronically, the following information, at a minimum: (I) The price at which the publisher would make the textbook or supplemental learning material available; Colorado Revised Statutes 2019 Page 214 of 673 Uncertified Printout (II) The substantial content revisions made, if any, between the current edition of the college textbook or supplemental learning material and a previous edition; (III) Whether the college textbook or supplemental learning material is available in another format, including but not limited to paperback or unbound copies, and the price at which the publisher would make the college textbook or supplemental learning material in the other format available. (b) A publisher that sells a college textbook and any supplemental learning material accompanying that college textbook as a single bundle to a state institution of higher education shall also make available the college textbook and any of the supplemental learning materials as separate and unbundled items at separate prices. (c) To the maximum extent practicable, a publisher shall provide the information required in this subsection (2) for the development and provision of custom textbooks. (3) Nothing in this section shall be construed as superseding the institutional autonomy or academic freedom of a state institution of higher education or its faculty members or instructors in the selection of college textbooks and supplemental learning materials. Source: L. 2008: Entire section added, p. 335, § 2, effective August 5. Cross references: For the legislative declaration contained in the 2008 act enacting this section, see section 1 of chapter 108, Session Laws of Colorado 2008. 23-5-139. Higher education revenue bond intercept program - definitions. (1) (a) The state treasurer, on behalf of an institution, shall make payment as provided in this section of principal and interest on intercept bonds unless the governing board adopts a resolution stating that it will not accept on behalf of the institution payment of principal of and interest on intercept bonds as provided in this section. Any such resolution must be adopted prior to issuance or incurrence of the intercept bonds to which it applies. Following adoption of the resolution, the institution shall provide written notice to the state treasurer of its refusal to accept the payment. The refusal to accept payment takes effect on the date the state treasurer receives the written notice and continues in effect until the date the state treasurer receives written notice from the institution that the governing board has adopted a resolution rescinding the refusal to accept payment pursuant to this section. Notwithstanding any provision of subsections (2) to (7) of this section to the contrary, the state treasurer shall not make payment of principal of or interest on intercept bonds on behalf of an institution that provides written notice of its refusal to accept payment by the state treasurer on its behalf as provided in this paragraph (a) until the state treasurer receives written notice of the rescission of refusal to accept payment. (b) If an institution issues a revenue bond pursuant to this article on or after June 6, 2016, or issues a refunding bond pursuant to article 54, 56, or 57 of title 11, C.R.S., on or after June 6, 2016, and the governing board wishes for such revenue or refunding bond to be an intercept bond, then: (I) The maximum total annual debt service payment of the new intercept bond to be issued plus the debt service payment for all other intercept bonds that were issued on or after June 4, 2008, by the same governing board, must equal seventy-five percent or less of the most recent fiscal year general fund appropriation for stipends and fee-for-service contracts that is reappropriated to such governing board; and Colorado Revised Statutes 2019 Page 215 of 673 Uncertified Printout (II) Except as provided in paragraph (c) of this subsection (1), the governing board must have: (A) A credit rating in one of the three highest categories, without regard to modifiers within a category, from at least one nationally recognized statistical rating organization and, if more than one such organization has rated an institution, no credit rating that is in a category below the three highest categories, without regard to modifiers within a category; and (B) A debt service coverage ratio of at least one and one-half to one, measured by dividing the governing board's net revenue available for annual debt service over such governing board's total amount of annual debt service plus the annual debt service to be issued by such governing board; and (III) The pledged revenues for the new intercept bond issue include not less than: (A) The net revenues of auxiliaries; (B) Ten percent of tuition if the institution is an enterprise, as defined in section 24-77102 (3), C.R.S.; (C) Indirect cost recovery revenues, if any; (D) Facility construction fees designated for bond repayment, if any; and (E) Student fees and ancillary revenues currently pledged to existing bondholders; and (IV) Except as provided in paragraph (c) of this subsection (1), the governing board has obtained a preapproval certificate from the state treasurer as described in subparagraph (II) of paragraph (d) of this subsection (1), and obtained approval from both the capital development committee and the joint budget committee as specified in subsection (1.5) of this section. (c) (I) (A) If the state treasurer determines that a governing board does not meet the requirements set forth in subparagraph (II) of paragraph (b) of this subsection (1), the state treasurer confirms that the revenue bonds to be issued are refunding bonds that result in cost savings to the governing board based on a cash flow analysis, the refunding bonds will refund intercept bonds, and the refunding bonds will not extend the number of years of repayment, then the requirements set forth in subparagraphs (II) and (IV) of paragraph (b) of this subsection (1) shall not apply. No later than fifteen days after receiving a request in writing from a governing board to use the intercept program, the state treasurer shall notify the capital development committee, the joint budget committee, the Colorado commission on higher education, and the office of state planning and budgeting that the governing board has met the requirements of this sub-subparagraph (A). The state treasurer may make recommendations to the governing board regarding the structure of the refunding. (B) If the state treasurer determines that a governing board does not meet the requirements set forth in subparagraph (II) of paragraph (b) of this subsection (1), the state treasurer confirms that the revenue bonds to be issued are refunding bonds that result in cost savings to the governing board based on a cash flow analysis, the refunding bonds will either refund revenue bonds that are not intercept bonds, or the refunding bonds will extend the number of years of repayment, then the requirements set forth in subparagraph (II) of paragraph (b) of this subsection (1) shall not apply. No later than fifteen days after receiving a request in writing from a governing board to use the intercept program, the state treasurer shall notify the capital development committee, the joint budget committee, the Colorado commission on higher education, the office of state planning and budgeting, and the governing board whether or not he or she recommends the requested use of the intercept program. The governing board must subsequently seek approval from the capital development committee and the joint budget Colorado Revised Statutes 2019 Page 216 of 673 Uncertified Printout committee as set forth in subsection (1.5) of this section. The notification issued by the state treasurer may include the state treasurer's recommendations regarding the structure of the refunding. (II) If the state treasurer determines that a governing board meets the requirements set forth in subparagraph (II) of paragraph (b) of this subsection (1), the state treasurer confirms that the revenue bonds to be issued are refunding bonds that result in cost savings to the governing board based on a cash flow analysis by the state treasurer, the refunding bonds will refund intercept bonds, and the refunding bonds will not extend the number of years of repayment, then the requirements set forth in subparagraph (IV) of paragraph (b) of this subsection (1) shall not apply. No later than fifteen days after receiving a request in writing from a governing board to use the intercept program, the state treasurer shall notify the capital development committee, the joint budget committee, the Colorado commission on higher education, and the office of state planning and budgeting that the governing board has met the requirements of this subparagraph (II). The state treasurer may make recommendations to the governing board regarding the structure of the refunding. (III) The state treasurer shall develop and issue guidelines that detail how the state treasurer will determine whether a refunding bond results in cost savings to the governing board based on a cash flow analysis. The state treasurer may consult with financial advisors in order to determine whether a refunding bond results in cost savings to the governing board on a cash flow analysis. (d) (I) No later than September 1, 2016, and each September 1 thereafter, the state treasurer shall provide the capital development committee, the joint budget committee, the Colorado commission on higher education, and the office of state planning and budgeting with a report that includes: (A) The credit rating described in sub-subparagraph (A) of subparagraph (II) of paragraph (b) of this subsection (1) of each governing board that has issued intercept bonds; (B) The debt service coverage ratio described in sub-subparagraph (B) of subparagraph (II) of paragraph (b) of this subsection (1) of each governing board that has issued intercept bonds; (C) The total amount of all intercept bonds issued by governing boards, including the anticipated payment schedule for such intercept bonds; and (D) The total amount of all revenue bonds issued by governing boards under section 235-101.7 (2), including the anticipated payment schedule for all such revenue bonds. (II) The report described in subparagraph (I) of this paragraph (d) is the basis for the annual preapproval certificate that the state treasurer shall issue to each governing board that meets the requirements set forth in subparagraph (II) of paragraph (b) of this subsection (1). In the event a governing board desires to issue intercept bonds between June 6, 2016, and September 1, 2016, the capital development committee may request the state treasurer to issue an early preapproval certificate for such governing board when a preapproval certificate has not yet been issued. The preapproval certificate must include the total amount of intercept bonds that the governing board may issue for the period that the preapproval certificate covers. The total amount of intercept bonds that a governing board may issue must be calculated based on the lesser of the following, as of the date of issuance of the preapproval certificate: (A) The difference between seventy-five percent of the most recent fiscal year's general fund appropriations for stipends and fee-for-service contracts that are reappropriated to such Colorado Revised Statutes 2019 Page 217 of 673 Uncertified Printout governing board and the total annual debt service payments for intercept bonds of such governing board; or (B) The total amount of additional revenue bonds a governing board could issue while maintaining the requirements set forth in subparagraph (II) of paragraph (b) of this subsection (1). (III) The preapproval certificate described in subparagraph (II) of this paragraph (d) may be amended if requested by the capital development committee as specified in subparagraph (II) of paragraph (a) of subsection (1.5) of this section. (IV) The preapproval certificate described in subparagraph (II) of this paragraph (d) may include the state treasurer's recommendations regarding the structure of any intercept bonds to be issued. (1.5) (a) (I) A governing board desiring to issue intercept bonds shall present the state treasurer's preapproval certificate, described in paragraph (d) of subsection (1) of this section, to the capital development committee and request approval from the capital development committee. The request must include: (A) A description of the project or projects that the governing board seeks to finance through the issuance of intercept bonds; (B) The maximum amount of intercept bonds the governing board seeks to issue for the project or projects; (C) The anticipated terms of the intercept bonds including the maximum anticipated annual debt service payment; and (D) If available, a copy of the governing board's resolution that authorizes the issuance of revenue bonds. (II) If there are actual or anticipated changes to the financial position and credit rating of the governing board that may affect the governing board's compliance with paragraph (b) of subsection (1) of this section since the preapproval certificate was issued by the state treasurer, the governing board shall provide the capital development committee with documentation regarding such changes. The capital development committee may request the state treasurer to prepare an amended preapproval certificate on the basis of the additional documentation. (b) No later than thirty days after the request for approval described in paragraph (a) of this subsection (1.5) during a regular legislative session of the general assembly, or no later than forty-five days after the request for approval described in paragraph (a) of this subsection (1.5) during any period that the general assembly is not in regular legislative session, the capital development committee shall review the request for approval and forward a letter to the joint budget committee setting forth its approval or disapproval for such governing board to use the intercept program and, if approved, any recommendations the capital development committee may have regarding the maximum amount of intercept bonds that may be issued by such governing board. (c) No later than forty-five days after receipt of the letter from the capital development committee during the period of October 10 to April 10 of any calendar year, or no later than ninety-five days after receipt of the letter from the capital development committee during the period of April 11 to October 9 of any calendar year, the joint budget committee shall review the project or projects and the governing board's request to finance the project or projects through the issuance of intercept bonds. The joint budget committee shall forward a letter to the state treasurer, the office of state planning and budgeting, the Colorado commission on higher Colorado Revised Statutes 2019 Page 218 of 673 Uncertified Printout education, and the governing board setting forth the committee's approval or disapproval for such governing board to use the intercept program and the maximum amount of intercept bonds that may be issued by such governing board. (d) Except as provided in paragraph (c) of subsection (1) of this section, no governing board may issue intercept bonds until the joint budget committee issues the approval letter described in paragraph (c) of this subsection (1.5). (e) The capital development committee shall develop instructions on the format for requests for approval to issue intercept bonds. Such instructions must be developed in consultation with the joint budget committee, the Colorado commission on higher education, and the office of state planning and budgeting. If a request to issue intercept bonds does not relate to a new capital construction, capital renewal, or controlled maintenance project, the guidelines may allow the governing board to submit the request directly to the capital development committee. (f) The capital development committee may request input from the state treasurer on all requests from a governing board to expand or restructure intercept bonds. (2) Whenever the paying agent has not received payment of principal of or interest on intercept bonds on the business day immediately prior to the date on which such payment is due, the paying agent shall so notify the state treasurer and the institution by telephone, facsimile, or other similar communication, followed by written verification, of such payment status. The state treasurer shall immediately contact the institution and determine whether the institution will make the payment by the date on which it is due. (3) If an institution indicates that it will not make a payment by the date on which it is due, or if the state treasurer is unable to contact the institution, the state treasurer shall forward the amount in immediately available funds necessary to make the payment of the principal of or interest on the intercept bonds to the paying agent. The state treasurer shall recover the amount forwarded by withholding amounts from the institution's payments of the state's fee-for-service contract with the institution, from any other state support for the institution, and from any unpledged tuition or other moneys collected by the institution. (4) The amounts forwarded to the paying agent by the state treasurer pursuant to subsection (3) of this section shall be applied by the paying agent solely to the payment of the principal of or interest on such intercept bonds. The state treasurer shall notify the department of higher education and the general assembly of amounts withheld and payments made pursuant to this section. Institutions that have a debt service payment forwarded to the paying agent by the state treasurer shall not request a supplemental general fund appropriation or budget amendment for the amount forwarded in order to replace withheld fee-for-service revenue. (5) (a) Any governing board with an intercept bond issue for which this section applies shall file with the state treasurer within thirty days of its public release a copy of the resolution that authorizes the issuance of intercept bonds; a copy of the official statement or other offering document for the intercept bonds; the agreement, if any, with the paying agent for the intercept bonds; and the name, address, and telephone number of the paying agent. A copy of the official statement or other offering document for the intercept bonds must also be submitted within thirty days of its public release to the office of state planning and budgeting, the Colorado commission on higher education, the capital development committee, and the joint budget committee. (b) On the day a preliminary official statement is publicly released for an intercept bond to be issued, the governing board shall notify the state treasurer, the office of state planning and Colorado Revised Statutes 2019 Page 219 of 673 Uncertified Printout budgeting, the Colorado commission on higher education, the capital development committee, and the joint budget committee by providing an electronic link to or an electronic copy of the preliminary official statement. (c) The failure of any governing board to file any information required in this subsection (5) does not affect the state treasurer's obligations set forth in this section. (6) As provided in section 11 of article II of the state constitution, the state hereby covenants with the purchasers and owners of intercept bonds that it will not repeal, revoke, or rescind the provisions of this section or modify or amend this section so as to limit or impair the rights and remedies granted by this section; except that nothing in this subsection (6) shall be deemed or construed to require the state to continue the payment of state assistance to any institution or to limit or prohibit the state from repealing, amending, or modifying any law relating to the amount of state assistance to institutions or the manner of payment or the timing thereof. Nothing in this section shall be deemed or construed to create a debt of the state with respect to such intercept bonds within the meaning of any state constitutional provision or to create any other liability except to the extent provided in this section. (7) Whenever the state treasurer is required by this section to make a payment of principal of or interest on intercept bonds on behalf of an institution, the department of higher education shall initiate an audit of the institution to determine the reason for the nonpayment and to assist the institution, if necessary, in developing and implementing measures to ensure that future payments will be made when they are due. (8) As used in this section, unless the context otherwise requires: (a) "Cash flow analysis" means a comparison made by the state treasurer of a governing board's annual debt service currently being paid on the revenue bonds or intercept bonds to be refunded versus annual debt service to be paid on the intercept bonds being issued to effectuate the refunding and the resulting debt service savings or dissavings that are generated. The cash flow analysis must consider the universe of refunding candidates and refunding bond statistics including the true interest cost, average life of refunded and refunding bonds, average annual debt service, gross debt service, and the expected present value savings on the refunding. (b) "Governing board" means the governing body of a state institution of higher education. (c) "Intercept bonds" means revenue bonds, refunding bonds, or other obligations issued pursuant to this section. (d) "Intercept program" means the program set forth in this section. (e) "State institution of higher education" or "institution" has the same meaning as set forth in section 23-18-102 (10). Source: L. 2008: Entire section added, p. 2160, § 1, effective June 4. L. 2013: IP(1)(b) and (1)(b)(I) amended and (1)(c) added, (SB 13-199), ch. 146, p. 470, § 1, effective April 26. L. 2016: Entire section amended, (SB 16-204), ch. 222, p. 841, § 1, effective June 6. 23-5-140. Lifesaving school safety information - legislative declaration - definitions. (1) (a) The general assembly hereby finds and declares that: (I) The safety of students, faculty, and staff who work and learn on the campuses of Colorado institutions of higher education can be enhanced by informing, organizing, and empowering those individuals to respond appropriately to emergency situations on campus; Colorado Revised Statutes 2019 Page 220 of 673 Uncertified Printout (II) Critical incidents that take place on campuses are unique, life-changing events that require exercising basic survival skills during an intense period of high mental and physical stress. Having the information necessary to respond effectively to these critical incidents can be key to a positive individual or group outcome in a true life or death situation; and (III) Colorado institutions of higher education should ensure that all students, faculty, and staff receive updated school safety information that reflects best practices for their institution at the beginning of each school year. (b) The general assembly therefore finds that the dissemination of safety information to students, faculty, and staff that reflects best practices for the institution may encourage students, faculty, and staff to respond appropriately and in coordination with school safety personnel in emergency situations. (2) As used in this section, unless the context otherwise requires: (a) "Institution of higher education" or "institution" means a state institution of higher education as defined in section 23-18-102 (10)(a), a local district college, an area technical college, or a technical college. (b) "School building" means a building, including but not limited to a classroom building or a school dormitory, that is a public building of an institution of higher education. (3) (a) Each institution of higher education shall develop policies and procedures that are tailored to the institution and that reflect best practices concerning critical incident response protocols and personal safety on campus and in school buildings on campus. (b) Beginning in the 2011-12 academic year, each institution shall disseminate annually school safety information to students, faculty, and staff concerning the policies and procedures developed pursuant to paragraph (a) of this subsection (3). Source: L. 2010: Entire section added, (HB 10-1054), ch. 117, p. 394, § 1, effective August 11. L. 2016: (2)(a) amended, (HB 16-1082), ch. 58, p. 146, § 19, effective August 10. 23-5-140.5. Employee information - student loan repayment and forgiveness programs. Each governing board shall annually distribute to each employee informational materials relating to federal student loan repayment programs and student loan forgiveness programs, including updated materials, received from the department of higher education pursuant to section 23-1-106.6 (1)(a). In addition to annual distribution, each governing board shall distribute the informational materials to newly hired employees as part of its employee orientation process. The governing board may distribute the informational materials to its employees through an e-mail to employees or as part of a mailing or regular communication to employees. Source: L. 2019: Entire section added, (SB 19-057), ch. 35, p. 115, § 9, effective August 2. 23-5-141. Campus police information sharing - legislative declaration - definitions. (1) The general assembly finds and declares that: (a) Providing for the safety of the students, faculty, and staff of Colorado's state institutions of higher education is an important priority for those institutions and for the state; Colorado Revised Statutes 2019 Page 221 of 673 Uncertified Printout (b) Unfortunate and tragic events at educational institutions within the state and around the nation have raised concerns regarding campus safety at Colorado's institutions of higher education; and (c) State institution of higher education police departments should be authorized to share with responsible administrators information regarding behaviors which pose a potential risk to the campus community in order to mitigate such risk. (2) For purposes of this section: (a) "Campus behavioral intervention task force" means any group of persons that includes at least one administrator listed in subparagraph (I) of paragraph (a) of subsection (3) of this section and is appointed by the chief executive officer of a state institution of higher education, or his or her designee, to monitor and mitigate risks to campus safety posed by individuals who display concerning behaviors. (b) "Sexual assault" means any of the offenses listed in section 24-72-304 (4)(b)(I), C.R.S. (c) "State institution of higher education" means a state institution of higher education as defined in section 23-18-102 (10)(a), a local district college, an area technical college, the Auraria higher education center, an education center, or a technical college. (3) (a) Except as provided in paragraph (b) of this subsection (3), a state institution of higher education police department may provide unredacted information, which information may include but need not be limited to police reports, regarding any incident within its jurisdiction to: (I) The director, or director's designee, of any campus program or unit with administrative responsibility for victims assistance, mental health services, university housing, student discipline processes, or student affairs; and (II) A campus behavioral intervention task force. (b) When providing information regarding a sexual assault or attempted sexual assault pursuant to paragraph (a) of this subsection (3), a state institution of higher education police department shall redact the victim's name and identifying information unless the victim agrees otherwise in writing with respect to each administrator or behavioral intervention task force to which the police department intends to release the information. (c) A state institution of higher education police department may provide to a person who is the focus of a specific threat of physical violence information regarding any incident within its jurisdiction that is necessary to protect the person who is the focus of the threat. (d) Notwithstanding the provisions of section 24-72-304 (4), 27-65-121, or 27-81-113, C.R.S., to the contrary, the authorization to share information established by this section specifically includes but is not limited to information regarding sexual assaults, emergency mental health holds, and protective custody for alcohol or drug detoxification. Any person receiving information regarding sexual assaults, emergency mental health holds, and protective custody for alcohol or drug detoxification pursuant to this section shall make all reasonable efforts to ensure the information is not disseminated beyond what is necessary. (4) A faculty member, staff member, or student of the campus disclosing information to a campus behavioral intervention task force while acting under a good-faith belief that the disclosure is necessary to protect the health, safety, or well-being of any person, or to protect the property of any person or of the institution, shall not be liable in any civil action for disclosing the information. The immunity provided in this section does not nullify or rescind any statutory duty of confidentiality by a licensed professional or victim's advocate pursuant to section 13-90Colorado Revised Statutes 2019 Page 222 of 673 Uncertified Printout 107 (1)(k), C.R.S., or any statutory duty to warn and protect specified in section 13-21-117, C.R.S. Source: L. 2011: Entire section added, (HB 11-1169), ch. 119, p. 372, § 1, effective April 20. L. 2016: (2)(c) amended, (HB 16-1082), ch. 58, p. 146, § 20, effective August 10. 23-5-142. Institution law enforcement agencies to provide identification cards to retired peace officers upon request - definitions. (1) As used in this section, unless the context otherwise requires: (a) "Law enforcement agency of an institution of higher education" means an agency within an institution of higher education described in this title that employs at least one peace officer. (b) "Peace officer" means a certified peace officer described in section 16-2.5-102, C.R.S. (c) "Photographic identification" means a photographic identification that satisfies the description at 18 U.S.C. sec. 926C (d). (2) Except as described in subsection (3) of this section, on and after August 7, 2013, if a law enforcement agency of an institution of higher education has a policy, on August 7, 2013, of issuing photographic identification to peace officers who have retired from the agency, and the agency discontinues said policy after August 7, 2013, the agency shall continue to provide such photographic identification to peace officers who have retired from the agency if: (a) The peace officer requests the identification; (b) The peace officer retired from the law enforcement agency before the date upon which the agency discontinued the policy; and (c) The peace officer is a qualified retired law enforcement officer, as defined in 18 U.S.C. sec. 926C (c). (3) Before issuing or renewing a photographic identification to a retired law enforcement officer pursuant to this section, a law enforcement agency of the state shall complete a criminal background check of the officer through a search of the national instant criminal background check system created by the federal "Brady Handgun Violence Prevention Act" (Pub.L. 103159), the relevant portion of which is codified at 18 U.S.C. sec. 922 (t), and a search of the state integrated criminal justice information system. If the background check indicates that the officer is prohibited from possessing a firearm by state or federal law, the law enforcement agency shall not issue the photographic identification. (4) A law enforcement agency of an institution of higher education may charge a fee for issuing a photographic identification to a retired peace officer pursuant to subsection (2) of this section, which fee shall not exceed the direct and indirect costs assumed by the agency in issuing the photographic identification. (5) Notwithstanding any provision of this section to the contrary, a law enforcement agency of an institution of higher education shall not be required to issue a photographic identification to a particular peace officer if the chief administrative officer of the agency elects not to do so. (6) If a law enforcement agency of an institution of higher education denies a photographic identification to a retired peace officer who requests a photographic identification Colorado Revised Statutes 2019 Page 223 of 673 Uncertified Printout pursuant to this section, the law enforcement agency shall provide the retired peace officer a written statement setting forth the reason for the denial. Source: L. 2013: Entire section added, (HB 13-1118), ch. 81, p. 261, § 5, effective August 7. 23-5-143. Sexual assault victim care - memorandum of understanding - training definitions. (1) The general assembly finds and declares: (a) College-aged students are at a high risk of being victims of sexual assault; (b) It is important for a victim of a sexual assault to receive time-sensitive medical care following the assault whether or not medical forensic evidence is collected; (c) The medical professionals best equipped to provide this care have specialized sexual assault training, including sexual assault nurse examiner training, sexual assault forensic examiner training, or medical forensic exam training; (d) Few, if any, institutions of higher education have medical professionals on site with the necessary specialized training to care for sexual assault victims; and (e) Institutions of higher education should have procedures in place to refer and transport sexual assault victims to nearby hospitals or clinics that have medical professionals specifically trained to care for those victims. (2) As used in this section, unless the context otherwise requires: (a) "Institution of higher education" means a state institution of higher education as defined in section 23-18-102 or a participating private institution of higher education as defined in section 23-18-102. (b) "Medical forensic exam program" means a healthcare program with licensed medical professionals, such as registered nurses, nurse practitioners, physician assistants, or physicians, who have received some specialized training in conducting medical forensic examinations of adults and adolescents according to established Colorado protocols but have not received formal SAFE or SANE training. "Medical forensic exam programs" may be based in hospitals, medical clinics, safe houses, children's advocacy centers, stand-alone medical forensic exam clinics, public health clinics, or another facility where appropriate medical care is provided to sexual assault victims. (c) "Sexual assault forensic examiner" or "SAFE" means a registered nurse, physician assistant, or physician who has been specifically trained to provide comprehensive sexual assault care, including evidence collection and testimony, pursuant to the International Association of Forensic Nurses' forensic nursing education guidelines. (d) "Sexual assault nurse examiner" or "SANE" means a registered nurse, including an advanced practice nurse, who has been specifically trained to provide comprehensive sexual assault care, including evidence collection and testimony, pursuant to the International Association of Forensic Nurses' forensic nursing education guidelines. (3) Within one hundred eighty days after May 4, 2015, each institution of higher education shall enter into and have in effect a memorandum of understanding or other formalized arrangement with at least one nearby medical facility or other facility that has sexual assault nurse examiners, sexual assault forensic examiners, or a medical forensic exam program. Each state-funded institution of higher education shall renew or obtain a new memorandum of understanding within three years after the date of each such memorandum. Each memorandum Colorado Revised Statutes 2019 Page 224 of 673 Uncertified Printout of understanding or other formalized arrangement must include provisions that the institution of higher education shall refer appropriate patients to the medical facility or other facility for the purposes of providing campus sexual assault victims medical care and evidence collection, if the victim chooses, and assist with or provide transportation to the facility. (4) Each institution of higher education shall: (a) Provide easily available information on the website of the institution of higher education on how to access a medical forensic examination following a sexual assault. The information must, at a minimum, inform victims of the medical facility with which the institution has a memorandum of understanding or formalized arrangement; of the methods of transportation available to get to the facility, including public transportation options; and that having a medical forensic examination does not require them, at any time, to participate with a law enforcement investigation or any criminal justice response. (b) Have a sexual assault training and response policy that includes: (I) A plan to ensure that campus health center staff is able to provide appropriate resources and referrals to students regarding medical forensic exams and sexual assault care. Within one year after the enactment of this section and at least every two years thereafter, each institution of higher education shall contract or otherwise arrange with a sexual assault nurse examiner and a trained sexual assault advocate to provide relevant campus health center staff with sexual assault response training. Such training must include campus, community, or law enforcement advocates as trainers. At a minimum, training should include content in the following areas: (A) An overview of medical forensic exams for the purpose of enabling campus health staff to answer a victim's questions about medical forensic exams; (B) Trauma response; (C) Victim dynamics; (D) Short-term and long-term health impact of sexual assault; (E) Victim compensation eligibility as described in article 4.1 of title 24, C.R.S.; and (F) Sexual assault victim emergency payment program eligibility as described in section 18-3-407.7, C.R.S. (II) A referral plan to connect a student who is a victim to the appropriate victim advocates. Confidential victim advocates may be campus advocates or community-based advocates. Victims may also be referred to victim advocates employed by a law enforcement agency with jurisdiction over the crime, if appropriate. (III) Transportation instructions to inform about, assist with, or provide transport to the hospital, clinic, or other facility performing the medical forensic examination or sexual assaultrelated medical care. (5) The general assembly encourages all other institutions of higher education in this state to enter into a similar memorandum of understanding or formalized arrangement as described in this section, to post information on the institution's website, and to have sexual assault training and response policies. Source: L. 2015: Entire section added, (HB 15-1220), ch. 156, p. 465, § 1, effective May 4. Colorado Revised Statutes 2019 Page 225 of 673 Uncertified Printout 23-5-144. Students' right to speak in a public forum - legislative declaration violations - court actions - free speech zones - definitions. (1) (a) The first amendment of the United States constitution and article II, section 10 of the Colorado constitution each protect the right to free speech, including the speech of students enrolled at public institutions of higher education. The general assembly declares that it is a matter of statewide interest to protect the rights of students to exercise their freedom of speech on the campuses of public institutions of higher education, while recognizing the right of those institutions of higher education to enact reasonable time, place, and manner restrictions that preserve their ability to fulfill their educational missions. At the same time, the general assembly declares that student expression on the campuses of institutions of higher education is a vital component of the educational environment at these institutions of higher education and that promoting the free and unfettered exchange of ideas in this marketplace of ideas is one way in which these institutions of higher education fulfill their educational missions. (b) Therefore, it is the intent of the general assembly that the provisions of subsections (2) to (6) of this section be confined to and apply only to student expression in a student forum at an institution of higher education, as defined herein. (2) As used in this section, unless the context otherwise requires: (a) "Expression" means any lawful verbal or written means by which individuals may communicate ideas to one another, including all forms of peaceful assembly, protests, speaking verbally, holding signs, circulating petitions, and distributing written materials. "Expression" includes voter registration activities but does not include speech that is primarily for a commercial purpose, including the promotion, sale, or distribution of any product or service. (b) "Institution of higher education" means a public postsecondary institution. (c) "Student" means a person who is enrolled for educational purposes at an institution of higher education. (d) "Student forum" means, as applied to students, any generally accessible, open, outdoor area on the campus of an institution of higher education, as well as any nonacademic and publicly open portion of a facility that the institution of higher education has traditionally made available to students for expressive purposes. (3) (a) An institution of higher education shall not limit or restrict a student's expression in a student forum, including subjecting a student to disciplinary action resulting from his or her expression, because of the content or viewpoint of the expression or because of the reaction or opposition by listeners or observers to such expression. (b) Nothing in this section grants students, faculty, or staff of the college or university the right to materially disrupt previously scheduled or reserved activities in a portion or section of the student forum at that scheduled time. (c) Nothing in this section shall be interpreted as preventing an institution of higher education from prohibiting, limiting, or restricting expression that is not protected under the first amendment and article II, section 10 of the Colorado constitution. (4) An institution of higher education shall not designate any area on campus as a free speech zone or otherwise create policies implying that its students' expressive activities are restricted to particular areas of campus. An institution of higher education shall not, except for the purpose of enacting time, place, and manner restrictions permitted pursuant to subsection (5) of this section, restrict the right of students to engage in expression in a student forum. Colorado Revised Statutes 2019 Page 226 of 673 Uncertified Printout (5) An institution of higher education shall not impose restrictions on the time, place, and manner of student expression in a student forum unless the restrictions: (a) Are reasonable; (b) Are justified without reference to the content of the speech; (c) Are narrowly tailored to serve a significant governmental interest; and (d) Leave open ample alternative channels for communication of the information or message. (6) Any student who has been denied access to a student forum for expressive purposes protected by this section may bring an action in a court of competent jurisdiction to enjoin any violation of this section or to recover reasonable court costs and attorney fees. (7) In an action brought pursuant to subsection (6) of this section, if the court finds that a violation occurred, the court shall award the aggrieved party injunctive relief for the violation and shall award reasonable court costs and attorney fees. (8) A student shall bring an action pursuant to this section within one calendar year after the date that the violation occurred. Source: L. 2017: Entire section added, (SB 17-062), ch. 100, p. 355, § 1, effective August 9. 23-5-145. Credit for military education and training - policy - definition. (1) As used in this section, unless the context otherwise requires, "state institution of higher education" or "institution" has the same meaning as provided in section 23-18-102 (10); except that "state institution of higher education" or "institution" includes each local district college that is part of a local college district organized pursuant to article 71 of this title 23 and the area technical colleges, as defined in section 23-60-103. (2) On or before January 1, 2018, each governing board of a state institution of higher education shall adopt, make public, and implement a prior learning assessment policy for awarding academic credit for college-level learning acquired while in the military. The policy adopted by the governing board must require each campus of the institution to: (a) Use the American Council on Education's recommendations on the joint services transcript, among other factors, to evaluate college-level learning acquired by a student while in the military and, at the discretion of the campus, assign appropriate prior learning assessment credit; (b) Provide specific guidance to active duty and veteran military members in selecting a program of study and in optimizing the use of prior learning assessment credit to accelerate the student's path to degree or certificate completion in the chosen program of study; and (c) Beginning June 1, 2018, accept in transfer from within the institution and from other state institutions of higher education prior learning assessment credit awarded for courses with guaranteed-transfer designation, unless the Colorado commission on higher education adopts a new policy prior to June 1, 2018, concerning the transfer of prior learning assessment credit for courses with guaranteed-transfer designation that requires each campus to accept in transfer credit awarded by a state institution of higher education pursuant to the provisions of subsection (2)(a) of this section. Each campus may also accept other prior learning assessment credit toward the student's program of study if the credit meets standards established by the campus. Colorado Revised Statutes 2019 Page 227 of 673 Uncertified Printout (3) The state institution of higher education shall grant prior learning assessment credit free of tuition but may charge a reasonable fee for the prior learning assessment. (4) Repealed. Source: L. 2017: Entire section added, (HB 17-1004), ch. 274, p. 1510, § 2, effective June 1. Editor's note: Subsection (4)(b) provided for the repeal of subsection (4), effective July 1, 2019. (See L. 2017, p. 1510.) Cross references: For the legislative declaration in HB 17-1004, see section 1 of chapter 274, Session Laws of Colorado 2017. 23-5-146. Sexual misconduct - policies - confidential resources - training - reports definitions. (1) As used in this section, unless the context otherwise requires: (a) "Clery act" means the federal "Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act" or "Clery Act", 20 U.S.C. sec. 1092(f). (b) "Complainant" means a person who is subject to alleged sexual misconduct under an institution's sexual misconduct policy. (c) "Department" means the department of higher education created and existing pursuant to section 24-1-114. (d) "Institution of higher education" or "institution" means a state institution of higher education, as defined in section 23-18-102 (10)(b), or any accredited campus of a state institution of higher education; a participating private institution of higher education, as defined in section 23-18-102 (8); a local district college, as defined in section 23-71-102 (1)(a); and an area technical college, as defined in section 23-60-103 (1). (e) "Reporting party" means an individual who reports an alleged incident of sexual misconduct under an institution's sexual misconduct policy. (f) "Responding party" means an individual who has been accused of sexual misconduct under an institution's sexual misconduct policy. (g) "Title IX" means Title IX of the federal education amendments of 1972, as amended, 20 U.S.C. secs. 1681 to 1688. (h) "Violence against women act" means the act codified in part at 42 U.S.C. secs. 13701 to 14040. (2) (a) On or before August 1, 2020, each institution of higher education shall adopt a sexual misconduct policy for enrolled students. Each institution shall periodically review and update the policy. (b) Notwithstanding the provisions of this section, if there is a conflict between this section and any federal law or regulation and based on that conflict an institution of higher education is at risk of losing federal money for itself or its students, the institution shall follow federal law and shall not be liable for any violation of this section based on that action. (3) At a minimum, each sexual misconduct policy must include: (a) Definitions of forms of sexual misconduct consistent with federal and state law and policy; (b) Confidential and nonconfidential reporting options for sexual misconduct; Colorado Revised Statutes 2019 Page 228 of 673 Uncertified Printout (c) An explanation of the role of the institution in the response to: (I) A violation of the sexual misconduct policy; or (II) A report of an incident of sexual misconduct; (d) Procedures for investigating reports of sexual misconduct, which must: (I) Be fair, impartial, and prompt, and the institution must make a good-faith effort to complete an investigation or adjudicative process, excluding any appeals, within an average of sixty to ninety days, without jeopardizing the rights of a complainant or responding party. The procedure may include a process that allows for the extension of these time frames for good cause with prior written notice of the delay and the reason for the delay to the complainant and the responding party. (II) Include the preponderance of the evidence as the evidentiary standard when a student is the respondent, notwithstanding any other evidentiary standard in any other policy of the institution; (III) Outline the procedures to be followed in the investigation and adjudication process, which must specify that all questions go through the official individual or individuals conducting or participating in the investigation process; (IV) Provide the complainant and the responding party with the same opportunities to have an advisor or other person present during any part of the proceeding; except that the advisor or other person is not allowed to speak on behalf of the complainant or responding party during the course of the proceedings; (V) Provide regular written updates on the status of the investigation or proceeding to the complainant and responding party throughout the process until conclusion; and (VI) Provide for concurrent notification of the outcome of the investigation or proceeding to the complainant and the responding party; (e) Prohibitions on: (I) The consideration of prior, irrelevant sexual conduct, except relating to a prior relationship or history between the parties if relevant to some material issue in the process; and (II) Any action that would be retaliatory under Title IX; (f) Protection from disciplinary action against a complainant, reporting party, or witness for his or her participation in the reporting or investigation and from policy violations related to the incident, such as, at a minimum, personal consumption of alcohol or drugs; and (g) That all provisions of the sexual misconduct policy, including any appeal process that may be provided, be applied equally to both the complainant and the responding party. (4) (a) Commencing on or before August 1, 2020, each institution shall provide information to students on how to receive support regarding sexual misconduct. The institution may designate faculty or staff members to fill this role; except that the institution's Title IX coordinator shall not be such an individual. An institution may also designate an outside entity or service to serve this purpose. If an institution uses an outside entity or service, it shall make its sexual misconduct policy available to the entity or service. An institution that enrolls fewer than one thousand students may partner with another institution in the region or within the state to provide services pursuant to this subsection (4). (b) If an individual described in subsection (4)(a) of this section meets the requirements of section 13-90-107 (1)(k)(II) or section 12-245-220, the individual has the protections for confidentiality or privileges established pursuant to those sections. Colorado Revised Statutes 2019 Page 229 of 673 Uncertified Printout (5) (a) Commencing on or before August 1, 2020, each institution of higher education shall promote: (I) Awareness and prevention of sexual misconduct; and (II) The institution's sexual misconduct policy. (b) Each institution shall promote the information described in subsection (5)(a) of this section by: (I) Prominently displaying on its website: (A) The institution's sexual misconduct policy; and (B) The telephone number and website for an institutional, local, state, or national twenty-four-hour hotline that provides information on sexual misconduct; and (II) Annually distributing through electronic or other means of communication the institution's sexual misconduct policy. (6) (a) Commencing on or before August 1, 2020, each institution of higher education shall offer training: (I) To promote awareness and prevention of sexual misconduct; and (II) On the institution's sexual misconduct policy. (b) The training must be offered annually to all incoming students and newly employed faculty and staff and, when applicable, to all students, faculty, and staff if the sexual misconduct policy is substantially updated. Any individual designated as responsible for investigating or adjudicating complaints under the sexual misconduct policy must be trained on the policy in effect at the time of the investigation or adjudication. (c) The training required by this subsection (6) may include but is not limited to: (I) How to promote awareness and prevention of sexual misconduct; (II) An explanation of the institution's sexual misconduct policy; (III) An explanation of relevant state and federal laws concerning sexual misconduct; (IV) An explanation of types of conduct that would constitute a violation of the institution's sexual misconduct policy; (V) The role of the institution in ensuring a coordinated response to an allegation of sexual misconduct; (VI) The definition of "consent" in the context of sexual activity; (VII) Options for bystander intervention; (VIII) Options for involving law enforcement in responding to sexual misconduct; (IX) The importance of treating and how to treat others with dignity and respect; and (X) The effects of trauma on reporting parties or complainants who have experienced sexual misconduct that may include: (A) Information on working with and interviewing persons who have experienced sexual misconduct; (B) Ways to communicate sensitively and compassionately with a reporting party or complainant; and (C) Information regarding how sexual misconduct may impact students with intellectual and developmental disabilities. (7) (a) On or before October 1, 2020, each institution of higher education shall provide to the department, to be posted on the department's website: (I) A copy of the institution's sexual misconduct policy; Colorado Revised Statutes 2019 Page 230 of 673 Uncertified Printout (II) A statement as to how the institution is providing information to students on how to receive support regarding sexual misconduct as required by subsection (4) of this section and how it is promoting the information required by subsection (5) of this section; and (III) A description of the sexual misconduct training provided by the institution as required by subsection (6) of this section. (b) On or before October 1, 2021, and on or before each January 1 thereafter, each institution of higher education shall provide to the department, to be posted on the department's website: (I) A copy of any updated institutional sexual misconduct policy adopted during the previous calendar year; (II) A statement as to any changes in the manner in which the institution provides or promotes the information required by subsection (4) or (5) of this section; and (III) A description of the sexual misconduct training provided by the institution as required by subsection (6) of this section. (8) Beginning in 2020, and every year thereafter, the department shall include as part of its "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearing required by section 2-7-203 information concerning the reports submitted by institutions pursuant to subsection (7)(a) of this section. (9) (a) Commencing on or before August 1, 2020, subject to available appropriations, the department shall host biennial summits on sexual misconduct on institution campuses for stakeholders, advocates, students, faculty, and other interested persons to facilitate communication, share information, and hear from experts, and other efforts to promote awareness and prevention of sexual misconduct on Colorado's institution campuses. (b) Prior to each biennial summit, the department shall convene a planning committee composed of: (I) A representative of a public four-year institution, appointed by the governing boards of public four-year institutions; (II) A representative of a public two-year college, appointed by the governing boards of public two-year colleges; (III) A representative of a public rural college, as defined by the department, appointed by the governing boards of public rural colleges; (IV) A representative of a public area technical college, appointed by the governing boards of public area technical colleges; (V) A representative of a private four-year institution, appointed by the governing boards of the private four-year institutions; (VI) Two students, one from a public four-year institution and one from a public twoyear college, appointed by a statewide organization of public student governments; (VII) A representative of a campus-based organization that represents victims of sexual misconduct from an institution not otherwise represented on the committee, appointed by the executive director of the department; (VIII) A representative of a statewide community-based advocacy organization that represents victims of sexual misconduct, appointed by the executive director of the department; and (IX) A victim of sexual misconduct at an institution, appointed jointly by the representatives appointed pursuant to subsections (9)(b)(VII) and (9)(b)(VIII) of this section. Colorado Revised Statutes 2019 Page 231 of 673 Uncertified Printout (c) The planning committee may collaborate with other interested parties, including community partners, to develop the most effective event to facilitate the purposes of the summit as described in subsection (9)(a) of this section. (d) (I) On or before January 15 of the year following the summit, the planning committee shall submit a report to the education committees of the senate and the house of representatives, or any successor committees, including a summary of the events, attendees, outcomes, and recommendations. (II) Notwithstanding the provisions of section 24-1-136 (11)(a)(I), the requirement for the report in subsection (9)(d)(I) of this section continues indefinitely. Source: L. 2019: Entire section added, (SB 19-007), ch. 401, p. 3549, § 1, effective May 31. 23-5-147. Sexual misconduct advisory committee - membership - duties - report legislative declaration - definitions - repeal. (1) (a) The general assembly finds and declares that in November of 2018, the federal department of education issued new, proposed rules on Title IX dealing with sexual misconduct. (b) The draft rules included changes in how educational institutions were to handle: (I) Allegations of off-campus sexual misconduct; and (II) Cross-examination of parties and witnesses during hearings. (c) In response to the proposed rules, the federal department of education received numerous comments and has not yet adopted the final rules. (d) Institutions of higher education will need to respond to the new federal rules quickly. (e) Therefore, the state should have in place an advisory committee to quickly make recommendations to the general assembly and institutions of higher education on the proposed rules. (2) As used in this section, unless the context otherwise requires: (a) "Advisory committee" means the sexual misconduct advisory committee created pursuant to subsection (3) of this section. (b) "Department" means the department of higher education created and existing pursuant to section 24-1-114. (c) "Institution of higher education" or "institution" means a state institution of higher education, as defined in section 23-18-102 (7), or any accredited campus of a state institution of higher education; a participating private institution of higher education, as defined in section 2318-102 (8); a local district college, as defined in section 23-71-102 (1)(a); and an area technical college, as defined in section 23-60-103 (1). (3) There is created in the department the sexual misconduct advisory committee to make recommendations to the general assembly and to institutions of higher education concerning sexual misconduct policies and methods to reduce sexual misconduct at institutions of higher education. (4) (a) The advisory committee consists of the following eleven persons appointed by the executive director of the department: (I) Three representatives from institutions of higher education; (II) Two Title IX coordinators from institutions of higher education; Colorado Revised Statutes 2019 Page 232 of 673 Uncertified Printout (III) Three persons who are representatives of organizations that advocate on behalf of or provide services to victims of sexual misconduct; (IV) An attorney who has experience representing victims of sexual misconduct at institutions of higher education; (V) An attorney who has experience representing persons accused of sexual misconduct at institutions of higher education; and (VI) A person with experience providing trauma-informed care. (b) Members of the advisory committee serve four-year terms and may be reappointed. (c) Members of the advisory committee serve without compensation or reimbursement of expenses. (5) After the final federal rules on Title IX sexual misconduct are adopted, the advisory committee shall study, examine best practices, and make recommendations to the general assembly and to institutions of higher education on issues related to sexual misconduct at institutions of higher education including: (a) How to handle incidents of sexual misconduct that occur outside of an institution's programs, activities, or property; (b) How to conduct cross-examination of parties and witnesses at hearings; (c) Whether a standard of reasonableness should be included in an institution's sexual misconduct policy; and (d) Can and should institutions of higher education have higher standards than are required by federal law and regulation. (6) (a) Within ninety days after the final federal rules on Title IX sexual misconduct are adopted, the advisory committee shall submit a report to the education committees of the senate and house of representatives, or any successor committees, on suggested changes to institutions' policies of sexual misconduct due to the new federal rules. (b) On or before January 15, 2021, and each January 15 thereafter, the advisory committee shall submit a report to the education committees of the senate and house of representatives, or any successor committees, including recommendations for changes to statutes and policies of institutions of higher education. (7) This section is repealed, effective September 1, 2023. Before the repeal, this section is scheduled for review in accordance with section 2-3-1203. Source: L. 2019: Entire section added, (SB 19-007), ch. 401, p. 3555, § 1, effective May 31. ARTICLE 6 Higher Education Emeritus Retirement Benefits 23-6-101. Persons eligible for benefits. (1) This article shall apply to all presidents, deans, professors, administrators, instructors, and research workers, referred to in this article as "faculty members", retired from service of state institutions of higher education in Colorado, to their dependent surviving spouses, and to the surviving spouses of said faculty members who have died in service after ten or more years of employment in said state institutions. Colorado Revised Statutes 2019 Page 233 of 673 Uncertified Printout (2) Any faculty members applying for benefits under this article: (a) Shall have served as such faculty member at least fifteen years in one or more state institutions of higher education in Colorado, shall be at least sixty-five years of age, and shall have retired prior to July 1, 1962; (b) Shall have retired at any age and at any time, at the initiative of the Colorado institution where last serving, for disability regarded as rendering such faculty member unfit for further service if such faculty member has served at least fifteen years and the president of the institution so retiring such member certifies to the commissioner of education as to the disability of such member; (c) Shall, prior to July 1, 1962, have attained the age of sixty years and shall, upon the date of his retirement, have served at least twenty years; or (d) Shall, prior to July 1, 1962, have attained the age of sixty years and shall, upon the date of his retirement, have served at least ten but less than twenty years. (3) Any surviving spouse of any deceased faculty member applying for benefits under this article: (a) Shall have been married to said faculty member on the date on which eligibility of said member for retirement benefits under this article was established under the provisions of paragraphs (a) to (c) of subsection (2) of this section; (b) Shall have been married to said faculty member on the date on which eligibility of said member for retirement benefits under this article was established under the provisions of paragraph (d) of subsection (2) of this section; (c) Shall have been married to said faculty member who died in service after twenty years of employment in state institutions of higher education in Colorado; (d) Shall have been married to said faculty member who died in service after ten or more years of employment in state institutions of higher education in Colorado; (e) May be of any age. Source: L. 54: p. 160, § 1. CRS 53: § 124-17-1. L. 57: p. 717, § 1. C.R.S. 1963: § 12416-1. L. 67: p. 727, § 1. 23-6-102. Application. Any faculty member or surviving spouse of such faculty member eligible under section 23-6-101 who is not receiving a pension or annuity under a retirement system supported in whole or in part from the state or its political subdivisions which is in excess of the retirement benefits provided for by this article shall make application to the commissioner of education for retirement benefits. Source: L. 54: p. 160, § 2. CRS 53: § 124-17-2. L. 57: p. 718, § 1. C.R.S. 1963: § 12416-2. L. 67: p. 728, § 1. 23-6-103. Benefits commence - when. All faculty members or their surviving spouses who are declared eligible by the commissioner of education to receive the retirement benefits provided by this article shall receive a monthly benefit provided in this article effective the first month after the commissioner declares the faculty member or surviving spouse so eligible. All faculty members or their surviving spouses receiving retirement benefits under this article before June 8, 1967, shall receive the increased benefits provided in this article effective on or after the Colorado Revised Statutes 2019 Page 234 of 673 Uncertified Printout first month following said date without being required further to establish eligibility to receive such retirement benefits. Source: L. 54: p. 161, § 3. CRS 53: § 124-17-3. L. 57: p. 718, § 1. C.R.S. 1963: § 12416-3. L. 67: p. 728, § 1. 23-6-104. Fund - limitation on pension. (1) There is hereby created a state institutions of higher education emeritus retirement fund from which the commissioner of education shall authorize payments from such appropriations as are made to the fund, as follows: (a) (I) To any faculty member eligible under section 23-6-101 (2)(a), (2)(b), or (2)(c), a monthly payment of two hundred forty dollars or a lesser sum which, together with any pension or retirement benefit or annuity which at the time of his retirement he was eligible to receive from any other retirement or annuity pension fund supported in whole or in part by the state of Colorado or its political subdivisions, provides a total retirement income of three hundred fifty dollars per month; and, effective July 1, 1975, and each year thereafter, said amount shall be increased by three percent. (II) For the fiscal year commencing July 1, 1980, payments and amounts provided for in subparagraph (I) of this paragraph (a) shall be increased by eight percent or the average percentage increase in the state salary survey for 1980-81, whichever is higher. Effective July 1, 1981, and each fiscal year thereafter, the percentage increase shall be commensurate with the average state salary survey percentage increase. (b) To any faculty member eligible under section 23-6-101 (2)(d), a monthly payment determined as specified in paragraph (a) of this subsection (1) after multiplying each dollar sum specified therein by that fraction given by multiplying years of service by one-twentieth; (c) To any surviving spouse eligible under section 23-6-101 (3)(a) or (3)(c), a monthly payment of one hundred twenty-five dollars or a lesser sum which, together with any pension or annuity or retirement benefit received from any other retirement or annuity pension fund supported in whole or in part by the state of Colorado or its political subdivisions, provides a total retirement benefit of one hundred seventy-five dollars per month; (d) To any surviving spouse eligible under section 23-6-101 (3)(b) or (3)(d), a monthly payment determined as specified in paragraph (c) of this subsection (1) after multiplying each dollar sum specified therein by that fraction determined by multiplying years of faculty member's service by one-twentieth. (2) If at any time there are insufficient moneys in the state institutions of higher education emeritus retirement fund to pay the full amount of the retirement benefits provided by this article, said moneys shall be distributed as follows: (a) Each eligible faculty member shall receive that payment which, together with all other retirement benefits supported in whole or in part by the state of Colorado or its political subdivisions, provides a retirement income of two hundred dollars per month, or the surviving spouse shall receive one hundred dollars per month. (b) From the moneys remaining after the above specified allotments are made, each faculty member shall receive that additional payment which, together with all other retirement benefits supported in whole or in part by the state of Colorado or its political subdivisions, provides a retirement income of two hundred fifty dollars per month, or the surviving spouse shall receive one hundred twenty-five dollars per month. Colorado Revised Statutes 2019 Page 235 of 673 Uncertified Printout (c) All moneys remaining after the above specified allotments are fulfilled shall be prorated among all eligible recipients to provide, within the limits of the moneys available, those additional benefits for which each is eligible under subsection (1)(a) to (1)(d) of this section. Source: L. 54: p. 161, § 4. CRS 53: § 124-17-4. L. 57: p. 719, § 1. C.R.S. 1963: § 12416-4. L. 67: p. 728, § 1. L. 74: (1)(a) amended, p. 361, § 2, effective July 1. L. 80: (1)(a) amended, p. 568, § 2, effective July 1. L. 2004: IP(2) amended, p. 202, § 19, effective August 4. Cross references: For provisions relating to the state salary survey, see § 24-50-104. ARTICLE 7 Classification of Students for Tuition Purposes Cross references: For the authority to charge a tuition fee for out-of-state students at the university of Colorado, see § 23-20-132; for tuition at the dental school at the university of Colorado, see § 23-20.5-101; for tuition at Colorado state university, see § 23-31-107; for tuition at the Colorado school of mines, see § 23-41-107; for tuition at Fort Lewis college, see § 23-52105; for tuition at community and technical colleges, see § 23-60-202. 23-7-101. Legislative declaration. It is the intent of the general assembly that the state institutions of higher education shall apply uniform rules, as prescribed in this article and not otherwise, in determining whether students are classified as in-state students or out-of-state students for tuition purposes. Source: L. 61: p. 718, § 1. CRS 53: § 124-19-1. C.R.S. 1963: § 124-18-1. 23-7-102. Definitions. As used in this article, unless the context otherwise requires: (1) Repealed. (2) "Domicile" means a person's true, fixed, and permanent home and place of habitation. It is the place where he intends to remain and to which he expects to return when he leaves without intending to establish a new domicile elsewhere. (3) "Emancipated minor" means a minor whose parents have entirely surrendered the right to the care, custody, and earnings of such minor, no longer are under any duty to support or maintain such minor, and have made no provision for the support of such minor. (4) "His" applies to the female as well as the male sex. (5) "In-state student" means a student who has been domiciled in Colorado for one year or more immediately preceding registration at any institution of higher education in Colorado for any term or session for which domiciliary classification is claimed, but attendance at an institution of higher education, public or private, within the state of Colorado shall not alone be sufficient to qualify for domicile in Colorado. "In-state student" includes a member of the armed forces of the United States or his dependents who qualify under section 23-7-103 (1)(c). (6) "Institution" means a Colorado college, university, or local district college supported partially or entirely by appropriations made by the general assembly. Colorado Revised Statutes 2019 Page 236 of 673 Uncertified Printout (7) "Minor" means a male or female person who has not attained the age of twenty-two years. (8) "Parent-qualified student" means an unemancipated minor who is not domiciled in Colorado but who has a parent domiciled in Colorado. (9) "Qualified person" means a person qualified to determine his or her own domicile. A person twenty-two years of age or older, a student commencing a postbaccalaureate degreegranting program, an emancipated minor, or an unaccompanied homeless youth pursuant to section 23-7-103.5 is so qualified. Source: L. 61: p. 718, § 2. CRS 53: § 124-19-2. C.R.S. 1963: § 124-18-2. L. 67: p. 822, § 1. L. 84: (1) repealed and (3), (8), and (9) amended, pp. 633, 631, §§ 3, 1, effective April 5. L. 86, 2nd Ex. Sess.: (5) amended, p. 59, § 1, effective August 15. L. 93: (9) amended, p. 1865, § 2, effective July 1. L. 96: (7) and (9) amended, p. 732, § 1, effective May 22. L. 2016: (9) amended, (HB 16-1100), ch. 169, p. 536, § 2, effective May 17. Cross references: For the legislative declaration contained in the 1993 act amending this section, see section 1 of chapter 311, Session Laws of Colorado 1993. 23-7-103. Presumptions and rules for determination of status - definition. (1) Unless the contrary appears to the satisfaction of the registering authority of the institution at which a student is registering, it shall be presumed that: (a) The domicile of an unemancipated minor is that of the parent with whom he or she resides or, if there is a guardian of his or her person, that of such guardian, but only if the court appointing such guardian (who has legal custody of the minor child as defined in section 19-1103 (73), C.R.S.) certifies that the primary purpose of such appointment is not to qualify such unemancipated minor as a resident of this state and that his or her parents, if living, do not provide substantial support to the minor child; (b) Repealed. (c) (I) (A) A person does not lose in-state status by reason of his or her presence in any state or country while a member of the armed forces of the United States or a dependent of said member; but a member of the armed forces or a dependent of said member is eligible for in-state status if the member is domiciled in Colorado for twelve continuous months prior to enlistment and returns to Colorado within six months following discharge from the military. (B) A member of the armed forces shall be eligible to obtain in-state status, notwithstanding the length of his or her residency, upon moving to Colorado on a permanent change-of-station basis or on a temporary assignment to duty in Colorado. (C) A dependent of a member of the armed forces is eligible for in-state tuition classification when the member moves to Colorado on a permanent change-of-station basis, regardless of the length of the member's or dependent's residency in Colorado. After qualifying as an in-state student, a member of the armed forces of the United States on active duty, or the member's dependent, shall not lose his or her eligibility for in-state tuition status if the member retires or separates from the military. As used in this sub-subparagraph (C), "dependent" means a spouse of a member of the armed services who was the member's spouse at the time that the member was stationed in Colorado and at the time the spouse is requesting in-state tuition classification and any child under twenty-three years of age born to or legally adopted by the Colorado Revised Statutes 2019 Page 237 of 673 Uncertified Printout member of the armed forces who enrolls in a public institution of higher education within twelve years after the member was stationed in Colorado. (D) Nothing in this subparagraph (I) shall be interpreted to deny a person in-state tuition classification after that person is found eligible for such classification nor to deny in-state tuition classification to any person who is eligible for such classification under any other provision of law. (II) Notwithstanding any provision of section 23-18-102 (5) to the contrary, a member of the armed forces or his or her dependent who obtains in-state status upon moving to Colorado on a temporary assignment to duty in Colorado shall not be eligible to receive a stipend pursuant to part 2 of article 18 of this title unless said member or dependent is eligible to obtain in-state status under another provision of this section. (III) Repealed. (d) The establishment of a new domicile in Colorado by a qualified person formerly domiciled in another state has occurred if he is physically present in Colorado without a present intention to return to such other state or to acquire a domicile at some other place outside of Colorado; (e) Once established, a domicile has not been lost by mere absence unaccompanied by intention to establish a new domicile; (f) The establishment of a Colorado domicile for twelve continuous months in accordance with the provisions of this article by the parent of a parent-qualified student entitles the student to in-state tuition rates; (g) A minor is unemancipated. (2) To aid the institutions in deciding whether a student, a parent or guardian of the student, or the person who provides substantial support to the student is domiciled in Colorado, the following rules shall be applied: (a) Payment of Colorado income tax is highly persuasive evidence of domicile in Colorado. If spouses file income tax returns in different states, the income tax paid to each state may be considered in determining whether domicile in Colorado is proper. (b) Nonpayment of Colorado income tax by a person whose income is sufficient to be taxed is highly persuasive evidence of non-Colorado domicile. (c) After a student has registered at an institution, his classification for tuition purposes remains unchanged in the absence of clear and convincing evidence to the contrary. Such evidence shall be reduced to writing and filed with the registering authority of the college. Changes in classification established by such evidence, whether from out-of-state to in-state or the reverse, shall be in writing, signed by the registering authority of the college, and given effect at the time of the student's next registration. (d) A qualified person cannot establish a new domicile in Colorado if he lacks the intention of so doing. (e) No person may establish a domicile in Colorado solely for the purpose of changing a student's classification for tuition purposes from out-of-state to in-state. Any student who is classified for tuition purposes as an out-of-state student at the time of registration at an institution and who personally or through his parent, his guardian, or the person who provides substantial support to him seeks to establish Colorado domicile while registered shall be presumed to seek to establish Colorado domicile solely for tuition purposes in the absence of clear and convincing evidence to the contrary. Colorado Revised Statutes 2019 Page 238 of 673 Uncertified Printout (f) The following may be considered evidence of domicile even though no one of these criteria, if taken alone, may be considered as conclusive evidence of domicile: (I) Employment in Colorado, other than that normally provided on a temporary basis to students by an institution of higher education or other temporary employment; (II) Ownership of residential real property in Colorado; (III) Graduation from a high school located in Colorado; (IV) Continued residence in the state of Colorado during periods when not enrolled as a student or during periods between academic sessions; (V) Acceptance of future employment in the state of Colorado; (VI) Vehicle registration in Colorado; (VII) Any other factor peculiar to the individual which tends to establish the necessary intent to make Colorado a permanent home; (VIII) Voter registration in Colorado. (g) The following may be considered as evidence of domicile in another state even though no one of these criteria, if taken alone, may be considered as conclusive evidence of domicile in another state: (I) Failure to comply with any law imposing a mandatory duty upon a domiciliary or resident of this state; (II) Maintenance of a home in another state; (III) Prolonged absence from Colorado, except in military or governmental service or except when the absence is due to a temporary relocation required as a condition of employment which the employer does not intend to make permanent or except when the student has been out of state for less than three years and such student's parent or legal guardian was and continues to be a resident of Colorado; (IV) Return to one's former residence for a substantial portion of the time during periods when not enrolled as a student or between academic sessions; (V) Vehicle registration in another state; (VI) Any other factor peculiar to the individual which tends to establish the fact that his permanent home is in another state. (h) The following may be considered as evidence of emancipation for the purposes of this article even though no one of these criteria, if taken alone, may be considered as conclusive evidence of emancipation: (I) An affidavit of the parents stating their relinquishment of any claim or right to the care, custody, and earnings of the minor as well as the duty to support the minor; (II) Entry into the military service by the minor; (III) Failure of the parents to provide financial support to the minor, coupled with the evidence that the minor is independently able to meet his own financial obligations, including the costs of his education; (IV) Any other factor peculiar to the individual which tends to establish that he is independent of his parents and is providing his own support. (i) The following may be considered as evidence of nonemancipation for the purpose of this article even though no one of these criteria, if taken alone, may be considered as conclusive evidence of nonemancipation: (I) The claiming of a minor as a dependent for the purposes of income taxation; Colorado Revised Statutes 2019 Page 239 of 673 Uncertified Printout (II) Receipt of gifts, loans, or trust proceeds from an inter vivos trust by a minor regardless of the date of receipt thereof which the minor depends upon for financial support, whether the gifts, loans, or trusts from which proceeds are paid are made by the parents, any other relative, or a friend of the minor; (III) Residence in the home of his parents by the minor, except for temporary visits; (IV) Any other factor peculiar to the individual which tends to establish that he lacks independence and is dependent upon his parents. (j) The marriage of a minor results in his emancipation. (k) The establishment of a Colorado domicile shall be the burden of the person seeking to establish domicile. The registering authority of any state institution of higher education shall require the individual seeking to establish domicile to support his claim by clear and convincing evidence of the validity of the claim. The registering authority may require the individual seeking to establish domicile to complete forms prepared by the Colorado commission on higher education for the purpose of aiding him in his determination and to provide such documentation as may be required to support the classification. (l) Only a qualified person can establish a domicile. (m) (I) Any person who himself or, if an unemancipated minor, through his parent or legal guardian has had an established domicile in this state for not less than one year shall not be considered to have lost such domicile for tuition purposes unless such person would be classified as an in-state student for tuition purposes in another state if the rules and presumptions in this section for classification as an in-state student were applied in such other state to such person. (II) Any unemancipated minor whose parent or legal guardian was domiciled in Colorado for at least the four immediately preceding years and whose parent or legal guardian moves from this state shall be classified as an in-state student if: (A) The parent or legal guardian leaves the state after the minor completes his or her junior year of high school and the minor matriculates at a Colorado institution within three years and six months after the time the parent or legal guardian leaves the state; or (B) Notwithstanding his or her unemancipated status, the minor maintains continuous Colorado domicile subject to all other provisions of this section. (n) Participation in an education expense program shall not be considered evidence of domicile in this state or in another state. (o) (I) A foreign national, notwithstanding an intention to return to his or her country of origin or ineligibility to establish domicile in the United States pursuant to federal law, is eligible for classification as an in-state student subject to all other provisions of this section if the primary purpose of the foreign national's residence in Colorado, pursuant to federal immigration regulations, is other than for his or her education or for the education of a family member. The Colorado commission on higher education shall designate those nonimmigrant classifications under which such foreign nationals may qualify as in-state students. In no event shall said designation displace students who would otherwise qualify as Colorado residents for in-state tuition classification purposes. (II) A foreign national admitted to the United States as a refugee pursuant to 8 U.S.C. sec. 1157 or who was admitted to the United States as a special immigrant pursuant to Pub.L. 110-181, sec. 1244, as amended; Pub.L. 109-163, sec. 1059, as amended; or Pub.L. 111-8, Division F, Title VI, sec. 602, as amended, who settled in Colorado upon entering the United Colorado Revised Statutes 2019 Page 240 of 673 Uncertified Printout States is eligible for classification as an in-state student immediately upon settlement in Colorado. (III) For the purpose of this subsection (2)(o), "settle" means a special immigrant or refugee who, upon entering the United States, has made his or her home in Colorado and presently intends to reside permanently in the state. (2.5) Repealed. (3) An unemancipated minor qualifies for a change in his or her classification to in-state student for tuition purposes only if either of his or her parents, regardless of custody or parental responsibilities, or his or her legal guardian has completed the requirements for establishing a Colorado domicile. Eligibility for classification as an in-state student for tuition purposes shall be lost if both of his parents, regardless of custody or parental responsibilities, or his or her legal guardian has lost eligibility. An emancipated minor or adult who has registered as a student does not qualify for a change in his or her classification to in-state student for tuition purposes unless he or she has established and maintained a domicile for twelve continuous months in this state. (4) Repealed. (5) The presumptions and rules in this section shall determine tuition classification except when exceptions are made by the general assembly in other sections of this article. Source: L. 61: p. 719, § 3. CRS 53: § 124-19-3. C.R.S. 1963: § 124-18-3. L. 65: p. 1040, § 1. L. 67: p. 822, § 2. L. 69: p. 1069, § 1. L. 73: pp. 1331-1333, §§ 1, 2, 3. L. 77: (1)(a) amended, p. 1379, § 1, effective July 1. L. 79: (3) amended and (4) added, p. 833, § 1, effective June 7. L. 84: (1)(b) and (4) repealed, (1)(c), (1)(f), IP(2), (2)(h)(II), and (3) amended, and (2)(k) and (2)(l) added, pp. 633, 631, §§ 3, 2, effective April 5. L. 85: (2) R&RE, p. 780, § 1, effective May 24. L. 86, 2nd Ex. Sess.: (1)(c) amended, p. 59, § 2, effective August 15. L. 87: (1)(a) amended, p. 819, § 30, effective October 1. L. 90: (2.5) added, p. 1142, § 8, effective July 1. L. 93: (2)(a), (2)(g)(III), and (2)(i)(II) amended and (5) added, p. 1866, § 3, effective July 1. L. 96: (2)(n) added, p. 430, § 12, effective April 22; (2)(m)(II) amended and (2)(o) added, p. 732, § 2, effective May 22; (2.5) repealed, p. 1836, § 16, effective June 5. L. 98: (1)(a) amended, p. 831, § 58, effective August 5; (3) amended, p. 1411, § 76, effective February 1, 1999. L. 99: (1)(c)(III) repealed, p. 850, § 7, effective May 24. L. 2003: (5) amended, p. 1994, § 39, effective May 22. L. 2004: (1)(c)(I) amended, p. 1153, § 1, effective May 27. L. 2005: (1)(c)(I) amended, p. 656, § 1, effective May 27. L. 2006: (1)(c)(I) amended, p. 154, § 1, effective March 31; (1)(c)(I) amended, p. 1777, § 1, effective June 6. L. 2007: (1)(c) amended, p. 1620, § 1, effective July 1. L. 2009: (1)(c)(I)(C) amended, (HB 09-1039), ch. 382, p. 2075, § 2, effective August 5. L. 2013: (1)(c)(I)(C) amended and (1)(c)(I)(D) added, (HB 13-1194), ch. 362, p. 2116, § 1, effective May 28. L. 2015: (1)(c)(I)(C) amended, (HB 15-1215), ch. 152, p. 459, § 3, effective August 5. L. 2018: (2)(o) amended, (SB 18-087), ch. 121, p. 825, § 2, effective August 8. Editor's note: Amendments to subsection (1)(c)(I) by Senate Bill 06-031 and Senate Bill 06-032 were harmonized. Cross references: (1) For the legislative declaration contained in the act amending subsection (2)(a), (2)(g)(III), and (2)(i)(II) and enacting subsection (5), see section 1 of chapter 311, Session Laws of Colorado 1993. For the legislative declaration in HB 15-1215, see section Colorado Revised Statutes 2019 Page 241 of 673 Uncertified Printout 1 of chapter 152, Session Laws of Colorado 2015. For the legislative declaration in SB 18-087, see section 1 of chapter 121, Session Laws of Colorado 2018. (2) For the short title of the act amending subsection (1)(c)(I)(C), see section 1 of chapter 382, Session Laws of Colorado 2009. 23-7-103.5. Unaccompanied homeless youth - domicile - definitions. (1) As defined in subsection (2) of this section, an unaccompanied homeless youth is a "qualified person", as defined in section 23-7-102, for purposes of determining his or her own domicile pursuant to the provisions of section 23-7-103. (2) (a) As used in this section, unless the context otherwise requires, "unaccompanied homeless youth" means an individual who has not attained twenty-two years of age and who has been verified by a person described in subsection (2)(b) of this section as either: (I) An unaccompanied youth who is a homeless child or youth, as those terms are defined in section 725 of the federal "McKinney-Vento Homeless Assistance Act", 42 U.S.C. sec. 11434a; or (II) An unaccompanied youth, at risk of homelessness, and self-supporting. The Colorado commission on higher education shall include in its tuition classification policies a definition of "unaccompanied youth, at risk of homelessness, and self-supporting". (b) The following persons may verify that a youth is an unaccompanied homeless youth as defined in paragraph (a) of this subsection (2): (I) A local educational agency homeless liaison, designated pursuant to section 722 (g)(1)(J)(ii) of the federal "McKinney-Vento Homeless Assistance Act", 42 U.S.C. sec. 11432; (II) The director of a program funded under the federal "Runaway and Homeless Youth Act", 42 U.S.C. sec. 5701 et seq., or a designee of the director; (III) The director of a program funded under subtitle B of Title IV of the federal "McKinney-Vento Homeless Assistance Act", 42 U.S.C. sec. 11371 et seq., relating to emergency shelter grants, or a designee of the director; or (IV) A financial aid administrator at an institution. Source: L. 2016: Entire section added, (HB 16-1100), ch. 169, p. 535, § 1, effective May 17. L. 2017: IP(2)(a) and (2)(a)(II) amended, (SB 17-294), ch. 264, p. 1399, § 60, effective May 25. 23-7-104. Commission to recommend enrollment incentive program. The Colorado commission on higher education shall propose an enrollment incentive program for summer sessions at state-supported colleges and universities and make recommendations for the legislative implementation thereof to the education committees of the general assembly on or before January 15, 1979. Such recommendations shall be accompanied by an analysis of the fiscal impact of differentiated tuition levels, projections of the extent of the effect that summer school tuition rates have on overall enrollment, and a summary of the experiences any other states may have had in implementing a similar program. Source: L. 78: Entire section added, p. 382, § 1, effective April 27. Colorado Revised Statutes 2019 Page 242 of 673 Uncertified Printout 23-7-105. Tuition classification of Olympic athletes. (1) Notwithstanding any other provision of this article 7 to the contrary, but subject to subsections (2) and (3) of this section, every athlete who otherwise would not be classified as an in-state student for tuition purposes under this article may be classified as an in-state student for purposes of tuition at any statesupported institution of higher education if the athlete is: (a) In residence and in training at the United States Olympic training center at Colorado Springs; or (b) (Deleted by amendment, L. 2017.) (c) Residing in Colorado and training in an elite level program in Colorado approved by the United States Olympic Committee and the governing body for the athlete's Olympic, Paralympic, Pan American, or Parapan American sport. (2) If a student is classified as an in-state student pursuant to this section, he or she may be counted as a resident student for any purpose; except that no such student shall be entitled to receive state financial aid. (3) The governing board of each state-supported institution of higher education may grant in-state tuition status to students classified pursuant to this section. Source: L. 86: Entire section added, p. 827, § 1, effective May 26. L. 88: (1) amended, p. 841, § 1, effective May 29. L. 89: IP(1) amended, p. 980, § 1, effective April 5; (3) amended, p. 1643, § 6, effective June 5. L. 93: Entire section RC&RE, p. 1262, § 1, effective June 6. L. 96: IP(1) and (2) amended, p. 1006, § 1, effective July 1. L. 2017: (1) amended, (HB 17-1081), ch. 124, p. 429, § 1, effective August 9. Editor's note: Prior to its recreation and reenactment in 1993, subsection (4) provided for the repeal of this section, effective July 1, 1992. (See L. 86, p. 827.) 23-7-106. Tuition classification of Canadian military personnel. (1) Notwithstanding any other provisions of this article to the contrary, any member of the military forces of Canada stationed in Colorado, or the dependent of any such member, shall receive in-state tuition status at any institution of higher education in this state. No member of the Canadian military shall be deemed to be stationed in this state unless he maintains a full-time principal residence in this state. In-state tuition status for Canadian military personnel or their dependents shall terminate at the conclusion of the current quarter or semester upon transfer to any station outside of this state. (2) No student classified as an in-state student pursuant to this section shall be counted as a resident student for any purpose other than tuition classification. (3) The Colorado commission on higher education shall report annually, with their budget request, on the enrollment of Canadian military personnel in Colorado institutions of higher education. Source: L. 89: Entire section added, p. 981, § 1, effective June 6. 23-7-107. Tuition classification of Chinese and Russian students in graduate public policy programs. (1) Notwithstanding any other provision of this article to the contrary, but subject to subsections (4) and (5) of this section, up to a total of twenty-five students deserving of financial support per year from the Commonwealth of Independent States and the People's Colorado Revised Statutes 2019 Page 243 of 673 Uncertified Printout Republic of China, five of whom shall be of Tibetan nationality, if possible, who are enrolled in a qualifying master's program at a graduate school of public affairs at a state-supported institution of higher education may be classified as in-state students for purposes of tuition at such institution. The total number of students enrolled under this section may not exceed fifty. To qualify for in-state classification pursuant to this section, such students must be enrolled in a master's program which focuses on developing such students' understanding of democracy and which will enable them to apply the doctrines of democracy and free-market principles upon returning to their respective countries, such students must meet the academic requirements of such program, and such students must meet the requirements stated in subsection (3) of this section. In addition, such students shall plan, following graduation, to return to their respective countries to apply the knowledge obtained from such master's program. (2) To receive in-state classification pursuant to this section, a student shall annually submit an application to the graduate school of public affairs at the university of Colorado at Denver. The dean and faculty council of such graduate school of public affairs shall annually determine those students who may receive in-state classification based on each student's satisfaction of the requirements stated in this section. Upon determining which students may receive in-state classification, the dean or the faculty council shall notify such students and the state-supported institutions of higher education at which such students are enrolled. Notification shall be made not later than July 1 of each year in which such student receives in-state classification pursuant to this section. (3) To be eligible for in-state classification pursuant to this section, each student must be enrolled as a full-time student and must maintain a full-time principal residence in this state during the time such student is enrolled. Eligibility for in-state classification for each student shall terminate at the time such student receives a degree from the program in which such student was enrolled at the time such in-state classification was first received. (4) No student admitted pursuant to this section shall be admitted in lieu of a qualified Colorado resident who is applying to a qualified master's program at the graduate school of public affairs at the university of Colorado at Denver. (5) No student classified as an in-state student pursuant to this section shall be counted as a resident student for any purpose other than tuition classification. (6) The governing board of each state-supported institution of higher education may grant in-state tuition status to students classified pursuant to this section. (7) Repealed. Source: L. 93: Entire section added, p. 2113, § 1, effective June 9. L. 2004: (7) repealed, p. 202, § 20, effective August 4. 23-7-108. Tuition classification of Colorado National Guard personnel. (Repealed) Source: L. 2007: Entire section added, p. 1621, § 3, effective July 1. L. 2008: (3) repealed, p. 1644, § 1, effective August 5. L. 2018: Entire section repealed, (HB 18-1228), ch. 103, p. 787, § 3, effective August 8. Editor's note: This section was relocated to § 23-7.4-202 in 2018. Colorado Revised Statutes 2019 Page 244 of 673 Uncertified Printout 23-7-108.5. Tuition classification of armed forces veterans. (Repealed) Source: L. 2009: Entire section added, (HB 09-1039), ch. 382, p. 2076, § 3, effective August 5. L. 2018: Entire section repealed, (HB 18-1228), ch. 103, p. 787, § 3, effective August 8. Editor's note: This section was relocated to § 23-7.4-203 in 2018. 23-7-108.6. Tuition classification for veterans pursuant to federal law. (Repealed) Source: L. 2015: Entire section added, (HB 15-1294), ch. 143, p. 435, § 1, effective May 1. L. 2018: Entire section repealed, (HB 18-1228), ch. 103, p. 787, § 3, effective August 8. Editor's note: This section was relocated to § 23-7.4-204 in 2018. 23-7-108.7. Tuition classification of dependents of members of the armed forces. (Repealed) Source: L. 2012: Entire section added, (HB 12-1350), ch. 272, p. 1441, § 1, effective June 8. L. 2015: Entire section repealed, (HB 15-1215), ch. 152, p. 459, § 2, effective August 5. Cross references: For the legislative declaration in HB 15-1215, see section 1 of chapter 152, Session Laws of Colorado 2015. 23-7-109. Tuition classification for employees or employees' children of companies who move to Colorado. (1) (a) Notwithstanding any other provision of this article to the contrary, but subject to subsections (2) and (3) of this section, a student who otherwise would not be classified as an in-state student for tuition purposes under this article may be classified as an in-state student for purposes of tuition at any state-supported institution of higher education if the student or the student's parent or legal guardian moved to Colorado in the twelve months preceding enrollment as a result of the student's employer or the employer of the student's parent or legal guardian moving all or a portion of its operations to Colorado as a result of receiving an incentive from the Colorado office of economic development, created in section 24-48.5-101, C.R.S., or an incentive from a local government economic incentive program. Each statesupported institution of higher education shall develop a policy to use to verify that the student's employer or the employer of the student's parent or legal guardian did, in fact, move all or a portion of its operations to Colorado as a result of receiving an incentive from the Colorado office of economic development or a local government economic incentive program and that the student or the student's parent or legal guardian was employed by the employer prior to the relocation. (b) Notwithstanding any other provision of this article to the contrary, but subject to subsections (2) and (3) of this section, a student who otherwise would not be classified as an instate student for tuition purposes under this article may be classified as an in-state student for purposes of tuition at any state-supported institution of higher education if the student moved to the state of Colorado in the twelve months preceding enrollment as a result of the student's Colorado Revised Statutes 2019 Page 245 of 673 Uncertified Printout parent or legal guardian moving to Colorado to take a faculty position at a state-supported institution of higher education. Each state-supported institution of higher education shall develop a policy to use to verify that the student's parent or legal guardian moved to Colorado to take a faculty position at a state-supported institution of higher education. (2) If a student is classified as an in-state student pursuant to this section, he or she may be counted as a resident student for any purpose; except that the student shall not be entitled to receive state financial aid. (3) The governing board of each state-supported institution of higher education may grant in-state tuition status to students classified pursuant to this section. Source: L. 2007: Entire section added, p. 1824, § 2, effective August 3. Cross references: For the legislative declaration contained in the 2007 act enacting this section, see section 1 of chapter 402, Session Laws of Colorado 2007. 23-7-110. Tuition classification of students who successfully complete high school or a high school equivalency examination in Colorado. (1) Notwithstanding any other provision of this article to the contrary, a student, other than a nonimmigrant alien, must be classified as an in-state student for tuition purposes if: (a) The student attended a public or private high school in Colorado for at least three years immediately preceding the date the student either graduated from a Colorado high school or successfully completed a high school equivalency examination, as defined in section 22-33102 (8.5), C.R.S., in Colorado; and (b) Except as provided in subsection (3) of this section, within twelve months after graduating or successfully completing a high school equivalency examination, as defined in section 22-33-102 (8.5), C.R.S., in Colorado, the student is admitted to a Colorado institution or attends an institution of higher education under a reciprocity agreement pursuant to section 23-1112. (2) (a) In addition to satisfying the requirements set forth in subsection (1) of this section, a student seeking tuition classification as an in-state student pursuant to this section who does not have lawful immigration status must submit an affidavit to the institution to which the student is admitted, stating that the student has applied for lawful presence or will apply as soon as he or she is eligible to do so. (b) The institution shall not count a student described in subsection (2)(a) of this section as a resident for any purpose other than tuition classification; except that the student is eligible for the college opportunity fund program pursuant to the provisions of part 2 of article 18 of this title 23 and state student financial assistance pursuant to article 3.3 of this title 23, upon confirmation of the student's uniquely identifying student number provided by the local education provider where the student graduated from high school or successfully completed his or her high school equivalency examination, as defined in section 22-33-102 (8.5), and may be eligible for institutional or other private financial aid programs. (3) A student who satisfies the requirements of paragraph (a) of subsection (1) of this section, who is subject to the provisions of paragraph (a) of subsection (2) of this section, and who graduated or successfully completed his or her high school equivalency examination, as defined in section 22-33-102 (8.5), C.R.S., prior to September 1, 2013, but was not admitted to Colorado Revised Statutes 2019 Page 246 of 673 Uncertified Printout an institution within twelve months after graduating or completing the high school equivalency examination, must be classified as an in-state student for tuition purposes so long as the student has been physically present in Colorado on a continuous basis for at least eighteen months prior to enrolling in the institution. (4) Any information provided to satisfy the criteria specified in this section shall be confidential unless disclosure is explicitly required by law. An institution that receives an affidavit described in subsection (2) of this section shall treat the affidavit as an education record of the student under the provisions of the federal "Family Educational Rights and Privacy Act of 1974", 20 U.S.C. sec. 1232g. (5) This section provides an additional option for a student seeking classification as an in-state student for tuition purposes. This section shall not be interpreted to impose additional requirements upon a student seeking classification as an in-state student under any other section of this article. Source: L. 2008: Entire section added, p. 884, § 1, effective May 20. L. 2013: Entire section R§RE, (SB 13-033), ch. 156, p. 504, § 1, effective April 29. L. 2014: (1), (2)(b), and (3) amended, (SB 14-058), ch. 102, p. 382, § 14, effective April 7. L. 2019: (2)(b) amended, (HB 19-1196), ch. 162, p. 1894, § 1, effective May 13. Cross references: For the legislative declaration in the 2013 act amending this section, see section 3 of chapter 156, Session Laws of Colorado 2013. 23-7-111. Tuition classification for persons who move to Colorado for employment. (1) (a) Notwithstanding any other provision of this article to the contrary, and subject to the provisions of subsections (2) to (4) of this section, a child who is a legal resident of the United States and who would otherwise not be classified as an in-state student for tuition purposes under this article may be classified as an in-state student for purposes of tuition at an institution if: (I) The child's parent or legal guardian moved his or her family to Colorado for the purpose of accepting a job in the state during the child's senior year of high school; (II) The child moved with his or her parent or legal guardian to Colorado during the child's senior year of high school; and (III) The child graduated from a Colorado public high school. (b) Each institution shall develop a policy to verify that a child meets each of the requirements specified in paragraph (a) of this subsection (1). (2) If a child is classified as an in-state student pursuant to this section, he or she may be counted as a resident student for any purpose; except that the child shall not be entitled to receive state financial aid. (3) The governing board of each institution may grant in-state tuition status to a child classified as an in-state student pursuant to this section. (4) If a child is classified as an in-state student pursuant to this section, the child shall not be entitled to receive a stipend pursuant to article 18 of this title for the first year the child is enrolled at an institution. Source: L. 2009: Entire section added, (HB 09-1063), ch. 228, p. 1040, § 2, effective August 5. Colorado Revised Statutes 2019 Page 247 of 673 Uncertified Printout Cross references: For the legislative declaration contained in the 2009 act adding this section, see section 1 of chapter 228, Session Laws of Colorado 2009. ARTICLE 7.4 Military Members, Veterans, and Dependents Editor's note: This article 7.4 was added with relocations in 2018. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated. PART 1 GENERAL PROVISIONS 23-7.4-101. Short title. The short title of this article 7.4 is the "Higher Education for Military Service Act". Source: L. 2018: Entire article added with relocations, (HB 18-1228), ch. 103, p. 781, § 1, effective August 8. 23-7.4-102. Legislative declaration. (1) The general assembly finds that: (a) Active duty members and veterans of the United States armed forces and Colorado National Guard provide an essential service to the nation and to the state of Colorado; (b) The families of service members often sacrifice personal goals due to frequent moves and deployments that disrupt or delay work and education, including higher education; (c) Veterans who return to civilian life and their dependents have opportunities to further their education in Colorado through the state system of community and technical colleges, local district colleges, and four-year institutions of higher education; and (d) Many active duty and veteran military members and their dependents have difficulty navigating the various state and federal laws relating to military benefits, including in-state tuition classification and state financial assistance programs. (2) Therefore, the general assembly declares that locating provisions of the state's higher education statutes, where possible, into a single article of this title 23 relating to military members, veterans, and military dependents minimizes confusion and provides greater transparency concerning military benefits available in higher education. Source: L. 2018: Entire article added with relocations, (HB 18-1228), ch. 103, p. 781, § 1, effective August 8. 23-7.4-103. Higher education provisions relating to military members, veterans, and dependents - located in other articles. (1) The following provisions relating to higher education for military members, veterans, and dependents are contained in other articles of this title 23: (a) Presumptions and rules for determination of status, section 23-7-103 (1)(c), (2)(g), (2)(h), and (5); Colorado Revised Statutes 2019 Page 248 of 673 Uncertified Printout (b) Tuition and other financial assistance for dependents of prisoners of war and military personnel missing in action, section 23-3.3-204; (c) Tuition and other financial assistance for dependents of deceased or permanently disabled National Guardsman, section 23-3.3-205; (d) Eligibility for payment of a Colorado opportunity fund stipend for off-campus, extended campus, or continuing education classes, section 23-18-202 (5)(d)(I)(F); (e) Credit for military education and training, section 23-5-145; (f) Teach Colorado grant initiative, section 23-3.3-901 (4)(d); and (g) Tuition classification of Canadian military personnel, section 23-7-106. Source: L. 2018: Entire article added with relocations, (HB 18-1228), ch. 103, p. 782, § 1, effective August 8. PART 2 TUITION CLASSIFICATION 23-7.4-201. Definitions. As used in this part 2, unless the context otherwise requires: (1) "Domicile" has the same meaning as set forth in section 23-7-102 (2). (2) "Institution" has the same meaning as set forth in section 23-7-102 (6). Source: L. 2018: Entire article added with relocations, (HB 18-1228), ch. 103, p. 782, § 1, effective August 8. 23-7.4-202. Tuition classification of Colorado National Guard personnel. (1) Notwithstanding any provision of this article 7.4 or article 7 of this title 23 to the contrary, a member of the Colorado National Guard who maintains his or her sole residence in Colorado, or the dependent of that member of the Colorado National Guard, has in-state tuition status at any institution of higher education in this state. Such member of the Colorado National Guard has instate tuition status regardless of whether he or she is eligible for or is receiving tuition assistance pursuant to section 23-7.4-302. (2) A student who is classified as an in-state student solely pursuant to this section is not counted as a resident for any purpose other than tuition classification. Source: L. 2018: Entire article added with relocations, (HB 18-1228), ch. 103, p. 783, § 1, effective August 8. Editor's note: This section is similar to former § 23-7-108 as it existed prior to 2018. 23-7.4-203. Tuition classification of armed forces veterans. (1) (a) Notwithstanding any provision of this article 7.4 or article 7 of this title 23 to the contrary, beginning with the fall semester of the 2009-2010 academic year, the governing board of each state institution of higher education in Colorado shall adopt a policy that grants in-state tuition status to an honorably discharged member of the armed forces of the United States who enrolls in the state institution Colorado Revised Statutes 2019 Page 249 of 673 Uncertified Printout of higher education and who meets, for any length of time, the presumptions and rules for maintaining a domicile in Colorado described in section 23-7-103. (b) Notwithstanding any provision of this article 7.4 or article 7 of this title 23 to the contrary, beginning with the fall semester of the 2009-2010 academic year, the governing board of each state institution of higher education in Colorado may adopt a policy that grants in-state tuition status to a dependent of an honorably discharged member of the armed forces of the United States who enrolls in the state institution of higher education if the honorably discharged member of the armed forces meets, for any length of time, the presumptions and rules for maintaining a domicile in Colorado described in section 23-7-103. (2) A student who is classified as an in-state student solely pursuant to this section is not counted as a resident for any purpose other than tuition classification; except that, beginning with the fall semester of the 2011-2012 academic year, upon classification as an in-state student pursuant to this section, the student is also eligible to receive a stipend from the college opportunity fund pursuant to part 2 of article 18 of this title 23. Source: L. 2018: Entire article added with relocations, (HB 18-1228), ch. 103, p. 783, § 1, effective August 8. Editor's note: This section is similar to former § 23-7-108.5 as it existed prior to 2018. 23-7.4-204. Tuition classification for veterans pursuant to federal law. (1) Notwithstanding any provision of this article 7.4 or article 7 of this title 23 to the contrary, beginning with any courses enrolled as of July 1, 2015, the governing board of each state institution of higher education shall adopt a policy granting in-state tuition status to "covered individuals", as defined in section 702 of the federal "Veterans Access, Choice, and Accountability Act of 2014", 38 U.S.C. sec. 3679, as may be amended, and as determined by the United States department of veterans affairs. (2) A covered individual must be classified as an in-state student for tuition purposes if: (a) The covered individual resides in Colorado while enrolled in the institution, regardless of the length of time the covered individual resided in Colorado prior to enrolling in the institution; and (b) The covered individual enrolls in courses with educational assistance benefits pursuant to chapter 30 or 33 of U.S.C. title 38. (3) Notwithstanding the provisions of subsection (2) of this section to the contrary, a student who qualified as a covered individual and who has exhausted his or her educational assistance benefits pursuant to chapter 30 or 33 of U.S.C. title 38 must continue to be classified as an in-state student for tuition purposes so long as the student continues to reside in Colorado and remains continuously enrolled in the same institution. (4) Beginning July 1, 2015, upon classification pursuant to this section, the covered individual is also eligible to receive a stipend from the college opportunity fund pursuant to part 2 of article 18 of this title 23. (5) A covered individual that is classified as an in-state student solely pursuant to this section is not counted as a resident student for any other purpose other than tuition classification. Colorado Revised Statutes 2019 Page 250 of 673 Uncertified Printout Source: L. 2018: Entire article added with relocations, (HB 18-1228), ch. 103, p. 783, § 1, effective August 8. Editor's note: This section is similar to former § 23-7-108.6 as it existed prior to 2018. PART 3 FINANCIAL ASSISTANCE 23-7.4-301. Financial assistance - dependents of prisoners of war or missing in action - deceased or permanently disabled National Guardsman. Provisions relating to tuition and other financial assistance for dependents of prisoners of war and military personnel missing in action are set forth in section 23-3.3-204. Provisions relating to tuition and other financial assistance for dependents of a deceased or permanently disabled National Guardsman are set forth in section 23-3.3-205. Source: L. 2018: Entire article added with relocations, (HB 18-1228), ch. 103, p. 784, § 1, effective August 8. 23-7.4-302. Tuition for members of the National Guard - definitions. (1) The general assembly recognizes its responsibility for the establishment and maintenance of a strong well-trained and high-spirited National Guard. The encouragement of membership in the guard through the granting of reduced or free tuition at certain institutions of postsecondary education simultaneously expresses a commitment to a part of this responsibility and supports existing institutions, carrying out a policy of maintaining reasonable access to quality education as broadly in this state as possible. The general assembly hereby finds and declares that the establishment of a tuition assistance program will encourage enlistments, enhance the knowledge and skills of the National Guard, and retain membership in the National Guard. (2) (a) Any person who is a member of the Colorado National Guard, upon being accepted for enrollment at any designated institution of higher education, is permitted to pursue studies leading toward a bachelor's degree, a postgraduate degree, an associate degree, or a certificate of completion with at least fifty percent but not more than one hundred percent of the cost of tuition paid by the department of military and veterans affairs, subject to available appropriations, for so long as the person remains a member of the Colorado National Guard, but the tuition payments shall not be made for more than one hundred thirty-two semester hours or one hundred ninety-eight quarter hours or for more than eight years. (a.5) A member is eligible for tuition assistance pursuant to this section to the extent that the sum of the member's tuition assistance from all sources, including the federal government, does not exceed one hundred percent of the cost of tuition. (b) In order to qualify for the tuition assistance authorized by this section, a member: (I) Must meet the criteria for eligibility, as established by rules and regulations promulgated pursuant to subsection (7) of this section; (II) Must not be drawing tuition from any other tuition assistance program funded by a private employer that, when combined with the assistance in this section, would exceed one hundred percent of the tuition costs; Colorado Revised Statutes 2019 Page 251 of 673 Uncertified Printout (III) Must not be a recipient of a full scholarship for tuition and fees to any designated institution of higher education; and (IV) Must serve in the Colorado National Guard during the period of time that the member is receiving tuition and fee assistance. (c) In providing the tuition assistance to members pursuant to subsection (2)(a) of this section, the department of military and veterans affairs is encouraged to consider providing assistance on a priority basis to newly-enlisted members in their first term of service and who enlist in those military specialties that are experiencing shortages as determined by the department. (d) For purposes of this section, "member" means an enlisted member or officer of the National Guard. (3) (a) For purposes of this section, "designated institution of higher education" means the Colorado state university - Pueblo, Adams state university, Colorado Mesa university, Metropolitan state university of Denver, Fort Lewis college, Western Colorado university, all independent area technical colleges, all local district colleges, the university of northern Colorado, the university of Colorado at Boulder, the university of Colorado at Denver, the university of Colorado at Colorado Springs, Colorado state university, Colorado state university - global campus, the Colorado school of mines, the university of Colorado health sciences center, all community colleges governed by the state board for community colleges and occupational education, and any private institution of higher education in Colorado that qualifies for the college opportunity fund pursuant to article 18 of this title 23 and that offers an accredited certificate or degree program in homeland security. For a member of the Colorado National Guard enrolled in a private institution of higher education, tuition assistance is limited to the completion of the accredited certificate or degree program in homeland security and is provided at the discretion of the adjutant general of the department of military and veterans affairs. (b) The department of military and veterans affairs shall establish the basis for the tuition assistance at the university of Colorado health sciences center. (4) Repealed. (5) For each individual member of the Colorado National Guard who is a continuing student and who is receiving tuition assistance as provided in this section, the department of military and veterans affairs shall obtain certification from the designated institution of higher education prior to the payment to the institution attesting to the member's current satisfactory academic standing at the designated institution of higher education, as determined by military regulations promulgated pursuant to subsection (7) of this section, for each semester or quarter for which tuition assistance is requested. Tuition assistance shall not be granted without such certification. (6) Any member who leaves the Colorado National Guard in violation of the member's agreement under subsection (2) of this section during an academic term for which the member is receiving tuition assistance is required to repay to the department of military and veterans affairs the amount of tuition assistance granted for that academic term and any and all collection fees incurred by the department of military and veterans affairs. The repayment of tuition assistance shall be credited to the Colorado National Guard tuition fund created in subsection (9) of this section. Colorado Revised Statutes 2019 Page 252 of 673 Uncertified Printout (7) The department of military and veterans affairs shall promulgate military regulations for the administration of tuition assistance as provided in this section, including, but not limited to, the following: (a) Criteria for the eligibility of a member of the National Guard for tuition assistance. In establishing this criteria, the department of military and veterans affairs shall include, but not be limited to, consideration of the following: (I) The member's past service and record, if any, in the National Guard; (II) An evaluation of the member's commitment to future service in the National Guard; (III) The member's military record, if any, including the member's achievements and whether the member has been honorably discharged; (IV) The benefit to the National Guard by having such an individual as a member; (V) Financial need, merit, or talent; (b) Procedures to be followed by designated institutions of higher education in reporting the member's academic standing and in providing timely billing to the department of military and veterans affairs; (c) A definition of satisfactory academic standing, including, but not limited to, consideration of the member's cumulative grade point average, credit hours completed, and progress toward a degree. (8) Repealed. (9) (a) There is created in the state treasury the Colorado National Guard tuition fund which is administered by the department of military and veterans affairs and which consists of all money that may be appropriated thereto by the general assembly or that is otherwise made available to it by the general assembly. Money "otherwise made available" includes any repayment of tuition assistance made pursuant to subsection (6) of this section. The money in the fund is continuously appropriated for the payment of tuition assistance as provided in this section. Any money not expended at the end of the fiscal year remains in the fund and shall not be transferred to or revert to the general fund of the state. (b) An audit of the Colorado National Guard tuition fund must be made during the department of military and veterans affairs postaudit pursuant to section 2-3-103. Source: L. 2018: Entire article added with relocations, (HB 18-1228), ch. 103, p. 784, § 1, effective August 8. L. 2019: (3)(a) amended, (SB 19-194), ch. 219, p. 2243, § 1, effective May 20; (3)(a) amended, (HB 19-1178), ch. 400, 3547, § 17, effective July 1. Editor's note: (1) This section is similar to former § 23-5-111.4 as it existed prior to 2018. (2) Amendments to subsection (3)(a) by SB 19-194 and HB 19-1178 were harmonized. ARTICLE 7.5 Tuition for Critical Services Programs 23-7.5-101 to 23-7.5-106. (Repealed) Colorado Revised Statutes 2019 Page 253 of 673 Uncertified Printout Editor's note: (1) This article was added in 1985. For amendments to this article prior to its repeal in 1990, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. (2) Section 23-7.5-106 provided for the repeal of this article, effective June 30, 1990. (See L. 85, p. 785.) ARTICLE 8 State Assistance for Career and Technical Education 23-8-101. Legislative declaration. Nothing in this article shall be construed to prohibit or limit existing programs of career and technical education in any grade level, the value of which is specifically recognized by the general assembly. Source: L. 70: p. 429, § 1. C.R.S. 1963: § 146-4-5. L. 2008: Entire article amended, p. 307, § 1, effective August 5. 23-8-101.5. Definitions. As used in this article, unless the context otherwise requires: (1) "Board" means the state board for community colleges and occupational education created in section 23-60-104. (2) "Board of cooperative services" shall have the same meaning as set forth in section 22-5-103 (2), C.R.S. (3) "Education provider" means a school district, a board of cooperative services, an institute charter school, or a facility school. (4) "Education provider's per pupil revenues" means: (a) For a school district, the district's per pupil revenues, as defined in section 22-54-103 (9.3), C.R.S.; (b) For a board of cooperative services, the amount received by a board of cooperative services as tuition for students enrolled in an approved career and technical education program; (c) For an institute charter school, the amount received by an institute charter school pursuant to the provisions of section 22-54-115 (1.3), C.R.S., for any budget year, divided by the number of pupils enrolled in the institute charter school for that budget year; and (d) For a facility school, the amount received by a facility school pursuant to section 2254-129 (2)(c)(II), C.R.S. (5) "Facility school" means an approved facility school, as defined in section 22-2-402 (1), C.R.S. (6) "Institute charter school" means a charter school that enters into a charter contract with the state charter school institute pursuant to part 5 of article 30.5 of title 22, C.R.S. Source: L. 2004: Entire section added, p. 1646, § 54, effective July 1. L. 2005: Entire section amended, p. 435, § 11, effective April 29. L. 2008: Entire article amended, p. 307, § 1, effective August 5; entire section amended, p. 1412, § 68, effective August 5. L. 2010: IP(4), Colorado Revised Statutes 2019 Page 254 of 673 Uncertified Printout (4)(a), and (4)(c) amended, (HB 10-1013), ch. 399, p. 1915, § 46, effective June 10. L. 2016: (4)(d) amended, (HB 16-1422), ch. 351, p. 1433, § 9, effective June 10. 23-8-102. School districts, boards of cooperative services, and institute charter schools conducting career and technical education courses - eligibility for state moneys. (1) An education provider of the state conducting a course of career and technical education approved pursuant to section 23-8-103 by the board is entitled to career and technical education program support from moneys appropriated for that purpose by the general assembly. The amount of career and technical education program support that an education provider is entitled to receive pursuant to the provisions of this article shall be computed as follows: (a) The cost of providing the approved career and technical education programs of the education provider shall be computed in accordance with paragraph (c) of this subsection (1). The cost so computed shall be divided by the number of full-time equivalent students to be served by the programs, and the result shall be designated, for purposes of this article, as the education provider's career and technical education program cost per full-time equivalent student. (b) As career and technical education program support, the state shall provide, to each education provider conducting an approved career and technical education program for each twelve-month period beginning July 1, eighty percent of the first one thousand two hundred fifty dollars, or part thereof, by which the education provider's approved career and technical education program cost per full-time equivalent student exceeds seventy percent of the education provider's per pupil revenues, for the school budget year during which the twelve-month period begins. In addition, if the education provider's approved career and technical education cost per full-time equivalent student exceeds seventy percent of its per pupil revenues by an additional amount in excess of one thousand two hundred fifty dollars, the state shall provide fifty percent of the additional amount. (c) For the purpose of computing approved career and technical education program costs, the following shall be included: (I) The cost of providing the services of instructional personnel for the time involved; (II) The cost of services to be provided by another education agency or institution; (III) The cost of necessary books and supplies; and (IV) The cost of equipment approved for purchase by the board. (V) Repealed. (1.5) Any moneys that are transferred from the department of education to the board to be used by the board to provide career and technical education program support to an education provider pursuant to subsection (1) of this section, and which moneys are so used, shall not be considered a state grant for the purpose of calculating whether the board qualifies as an enterprise, as defined in section 24-77-102 (3)(b), C.R.S. (2) To be eligible to receive the moneys appropriated pursuant to subsection (1) of this section, the education provider shall assume the obligation of paying the balance of the program costs. (3) The provisions of this section shall not be construed to prevent an education provider from conducting any course in career and technical education with costs in excess of those for which state career and technical education program support moneys are approved by the board. Colorado Revised Statutes 2019 Page 255 of 673 Uncertified Printout (4) Moneys made available under this article shall be distributed quarterly on the basis of the report of actual expenditures furnished to the board by participating education providers at the end of the previous fiscal year. As soon as practicable after July 1 of each year, beginning in 1971, each participating education provider shall file with the board a report of actual expenditures for all career and technical education programs for which the education provider is eligible to receive moneys pursuant to the provisions of this article during the preceding twelvemonth period. (5) If the appropriations to implement subsections (1) to (4) of this section are less than the total amount required to pay the career and technical education program support for approved career and technical education courses, the board shall prorate the amount to be paid to each education provider in the same proportion that the appropriation bears to the total amount so required for distribution. Any unexpended balance of an appropriation shall revert to the general fund at the end of the fiscal year for which the appropriation is made. (6) The provisions of this section shall not apply to the Colorado customized training program created in section 23-60-306. For the purposes of this section, the costs of such program shall not be included in computing approved career and technical education program costs, and trainees in the Colorado customized training program shall not be counted in computing the number of full-time equivalent students to be served by approved career and technical education programs. Nothing in this section shall preclude the use of school district career and technical education program sites as delivery sites for specific training programs funded by the Colorado customized training program. (7) The provisions of this section shall not apply to the Colorado existing industry training program created pursuant to section 23-60-307. For the purposes of this section, the costs of such program shall not be included in computing approved career and technical education program costs, and trainees in the Colorado existing industry training program shall not be counted in computing the number of full-time equivalent students to be served by approved career and technical education programs. Nothing in this section shall preclude the use of school district career and technical education program sites as delivery sites for specific training programs funded by the Colorado existing industry training program. Source: L. 70: p. 426, § 1. C.R.S. 1963: § 146-4-1. L. 73: p. 1315, §§ 8, 11. L. 76: (1)(b) R&RE, p. 572, § 1, effective July 1. L. 84: (6) added, p. 643, § 2, effective July 1. L. 88: (6) amended, p. 865, § 2, effective April 20; (1)(c)(V) repealed, p. 777, § 7, effective May 29; (1)(b) amended, p. 821, § 29, effective January 1, 1989. L. 89: (7) added, p. 1009, § 2, effective June 7. L. 94: (1)(b) amended, p. 822, § 48, effective April 27. L. 2004: (1) to (5) amended, p. 1646, § 55, effective July 1. L. 2005: IP(1), (1)(a), (1)(b), (2), (3), (4), and (5) amended, p. 436, § 12, effective April 29. L. 2008: Entire article amended, p. 308, § 1, effective August 5; (1), (1.5), (2), (3), (4), and (5) amended, p. 1413, § 69, effective August 5. L. 2010: (1)(b) amended, (HB 10-1013), ch. 399, p. 1916, § 47, effective June 10. Cross references: For the creation and membership of the state board for community colleges and occupational education, see § 23-60-104; for reimbursement of transportation costs of vocational education, see article 51 of title 22; for replacement of state funds under this section by property tax revenues received under the "Public School Finance Act of 1994", see § 22-54-107. Colorado Revised Statutes 2019 Page 256 of 673 Uncertified Printout 23-8-103. Standards for eligibility for grants - rules. (1) The board shall not approve career and technical education program support to be provided under section 23-8-102 unless the courses of career and technical education conducted by an education provider meet the standards prescribed in subsection (2) of this section. (2) Any course approved pursuant to subsection (1) of this section shall: (a) Be designed to provide students with an entry-level occupational skill or prepare students for further education, including but not limited to skills or preparation in the areas of visual arts, as defined in section 22-1-104.5 (1)(c), C.R.S., or performing arts, as defined in section 22-1-104.5 (1)(b), C.R.S.; (b) (Deleted by amendment, L. 2008, p. 310, § 1, effective August 5, 2008.) (c) Have a technical advisory committee that functions at the state, regional, or local level to assist education providers in planning and conducting their career and technical education curricula; (d) Be conducted in facilities that are sufficiently equipped to permit adequate training and education; the facilities may be located within or outside the school district, or, in the case of a program conducted by a board of cooperative services, within or outside any of the school districts participating in the board of cooperative services, and they may be housed in buildings that are not owned or operated by an education provider; and (e) Meet an employment potential that is found to exist by any survey of the board concerning economic opportunities. (3) In approving career and technical education programs and career and technical education program support moneys under this article, the board shall attempt to avoid unnecessary duplication in either facilities or staffing for career and technical education in an education provider or within an area of this state; and, where feasible, sharing of facilities shall be required by the board. (4) The board shall adopt such rules as may be necessary to administer the provisions of this article. Source: L. 70: p. 427, § 1. C.R.S. 1963: § 146-4-2. L. 2004: (1), (2)(c), (2)(d), and (3) amended, p. 1648, § 56, effective July 1. L. 2005: (1), (2)(c), (2)(d), and (3) amended, p. 437, § 13, effective April 29. L. 2008: Entire article amended, p. 310, § 1, effective August 5; entire section amended, p. 1415, § 70, effective August 5. L. 2010: (2)(a) amended, (HB 10-1273), ch. 233, p. 1025, § 17, effective May 18. Cross references: For the legislative declaration in the 2010 act amending subsection (2)(a), see section 1 of chapter 233, Session Laws of Colorado 2010. 23-8-104. Reports. (1) (Deleted by amendment, L. 2008, p. 311, § 1, effective August 5, 2008.) (2) Notwithstanding section 24-1-136 (11)(a)(I), on or before February 28, 2009, and on or before February 28 each year thereafter, the board shall submit a report to the joint budget committee and to the education committees of the house of representatives and the senate, or any successor committees, on the implementation and results of programs funded pursuant to this article 8, including: (a) The types of programs funded; Colorado Revised Statutes 2019 Page 257 of 673 Uncertified Printout (b) The numbers of students and full-time equivalent students served; (c) The total cost and the full-time equivalent student cost; (d) The placement of those students who completed the programs, including job placement and continuing education; and (e) Other aspects of the programs that will enable the general assembly to evaluate the results, cost effectiveness, and viability of the approved programs and to determine whether or not this article should be extended. Source: L. 70: p. 428, § 1. C.R.S. 1963: § 146-4-4. L. 72: p. 628, § 1. L. 73: p. 1315, § 9. L. 96: IP(2) amended, p. 1238, § 87, effective August 7. L. 2008: Entire article amended, p. 311, § 1, effective August 5. L. 2017: IP(2) amended, (HB 17-1251), ch. 253, p. 1059, § 8, effective August 9. Cross references: For the legislative declaration contained in the 1996 act amending this section, see section 1 of chapter 237, Session Laws of Colorado 1996. 23-8-105. Change of name - authorization. The revisor of statutes is authorized, where appropriate, to change all references to "vocational education" in the Colorado Revised Statutes to "career and technical education". Source: L. 2008: Entire article amended, p. 311, § 1, effective August 5. ARTICLE 9 State Council on the Arts 23-9-101 to 23-9-107. (Repealed) Source: L. 2006: Entire article repealed, p. 1659, § 4, effective July 1. Editor's note: This article was numbered as §§ 3-18-9 through 3-18-16 in C.R.S. 1963. For amendments to this article prior to its repeal in 2006, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. The provisions of this article were relocated to article 48.8 of title 24. For the location of specific provisions, see the editor's notes following those sections that were relocated to article 48.8. ARTICLE 10 Termination of Employment - Faculty Members 23-10-101 to 23-10-301. (Repealed) Editor's note: (1) This article was added in 1975. For amendments to this article prior to its repeal in 1988, consult the Colorado statutory research explanatory note and the table Colorado Revised Statutes 2019 Page 258 of 673 Uncertified Printout itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. (2) Section 23-10-301 provided for the repeal of this article, effective May 1, 1988. (See L. 87, p. 851.) Cross references: For present provisions concerning termination of employment of faculty members at certain state-supported institutions of higher education, see § 23-5-117. ARTICLE 11 Colorado Advanced Technology Institute 23-11-101 to 23-11-107. (Repealed) Source: L. 99: Entire article repealed, p. 876, § 1, effective July 1. Editor's note: (1) This article was added in 1983. For amendments to this article prior to its repeal in 1999, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. (2) Sections 23-11-104 and 23-11-105 were relocated to article 1 of this title and renumbered as §§ 23-1-106.5 and 23-1-106.7, respectively. (3) Section 23-11-104.5 as enacted by House Bill 99-1102 was relocated to article 32 of title 24 and renumbered as § 24-32-3001. ARTICLE 11.5 Technology Learning Grant and Revolving Loan Program 23-11.5-101 to 23-11.5-107. (Repealed) Editor's note: (1) This article was added in 1996. For amendments to this article prior to its repeal in 2003, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. (2) Section 23-11.5-107 provided for the repeal of this article, effective April 4, 2003. (See L. 2003, p. 5.) ARTICLE 12 Reorganization of Governance of Higher Education 23-12-101 to 23-12-103. (Repealed) Colorado Revised Statutes 2019 Page 259 of 673 Uncertified Printout Editor's note: (1) This article was added in 1984 and was not amended prior to its repeal in 1985. For the text of this article prior to 1985, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. (2) Section 23-12-103 provided for the repeal of this article, effective July 1, 1985. (See L. 84, p. 635.) ARTICLE 13 Higher Education Statewide Expectations and Goals and Quality Indicator System 23-13-101 to 23-13-108. (Repealed) Source: L. 2011: Entire article repealed, (SB 11-052), ch. 232, p. 999, § 5, effective May 27. Editor's note: This article was added in 1985, repealed and reenacted in 1996, and repealed in 2011. For amendments to this article prior to 2011, consult the 2010 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume. Cross references: For the legislative declaration in the 2011 act repealing this article, see section 1 of chapter 232, Session Laws of Colorado 2011. ARTICLE 15 Colorado Educational and Cultural Facilities Authority 23-15-101. Short title. This article shall be known and may be cited as the "Colorado Educational and Cultural Facilities Authority Act". Source: L. 81: Entire article added, p. 1096, § 1, effective July 1. L. 98: Entire section amended, p. 601, § 1, effective May 4. 23-15-102. Legislative declaration. (1) The general assembly hereby finds and declares that: (a) It is the intent of the general assembly to create the Colorado educational and cultural facilities authority to lend money to educational institutions and cultural institutions; to authorize the authority to acquire, construct, reconstruct, repair, alter, improve, extend, own, lease, and dispose of properties to the end that the authority may be able to promote the welfare of the people of this state; to authorize the authority to administer the Colorado education savings program; to permit the bonds or certificates of participation of the authority and the bonds or Colorado Revised Statutes 2019 Page 260 of 673 Uncertified Printout certificates of participation of other issuers to be designated as Colorado education savings bonds or certificates; and to vest such authority with powers to enable such authority to accomplish such purposes. It is not the intent of the general assembly to authorize the authority to operate any such educational or cultural facility. (b) It is important that educational facilities and cultural facilities are made readily available by networks and organizations of educational institutions and cultural institutions regardless of whether such networks and organizations are located within the state of Colorado or have facilities located within or outside the state of Colorado; and (c) It is a benefit to the people of the state of Colorado to serve multistate educational institutions and cultural institutions since education-related and cultural-related employment opportunities in this state will be created as a result thereof. (2) This article shall be liberally construed to accomplish the intentions expressed in this section. Source: L. 81: Entire article added, p. 1096, § 1, effective July 1. L. 88: (1) amended, p. 849, § 1, effective April 20. L. 89: (1) amended, p. 986, § 1, effective April 8; (1) amended, p. 982, § 1, effective April 12. L. 98: (1) amended, p. 601, § 1, effective May 4. L. 2000: (1) amended, p. 403, § 1, effective April 13. Editor's note: Amendments to subsection (1) in Senate Bill 89-206 and House Bill 891049 were harmonized. 23-15-103. Definitions. As used in this article, unless the context otherwise requires: (1) "Authority" means the Colorado educational and cultural facilities authority created by this article. (2) "Board" means the board of directors of the authority. (3) "Bond", "note", "bond anticipation note", "certificate of participation", or "other obligation" means any bond, note, certificate of participation in annually renewable leases, debenture, interim certificate, or other evidence of financial indebtedness issued by the authority pursuant to this article or issued by another issuer pursuant to other statutory authority, including refunding bonds. (4) "Bond resolution" means the resolution authorizing the issuance of, or providing terms and conditions related to, bonds issued under the provisions of this article and includes any trust agreement, trust indenture, indenture of mortgage, or deed of trust providing terms and conditions for such bonds. (5) "Commission" means the Colorado commission on higher education. (6) "Costs", as applied to facilities financed in whole or in part under the provisions of this article, means and includes the sum total of all reasonable or necessary costs incidental to the acquisition, construction, reconstruction, repair, alteration, equipment, enlargement, improvement, and extension of such facilities and the acquisition of all lands, structures, real or personal property, rights, rights-of-way, franchises, easements, and interest acquired, necessary, used for, or useful for or in connection with a facility and all other undertakings which the authority deems reasonable or necessary for the development of a facility, including without limitation the cost of studies and surveys, of land title and mortgage guaranty policies, of plans, specifications, and architectural and engineering services, of legal, accounting, organization, Colorado Revised Statutes 2019 Page 261 of 673 Uncertified Printout marketing, or other special services, of financing, acquisition, demolition, construction, equipment, and site development of new and rehabilitated buildings, of rehabilitation, reconstruction, repair, or remodeling of existing buildings, and of all other necessary and incidental expenses, including working capital, an initial bond, and interest reserve funds, together with interest on bonds issued to finance such facilities until a date not more than six months subsequent to the estimated date of completion. (6.3) (a) "Cultural institution" means any governmental, quasi-governmental, or nonprofit institution that engages in cultural, intellectual, scientific, educational, or artistic enrichment. "Cultural institution" includes, without limitation, any aquarium, botanical society, educational society, historical society, library, museum, gallery, performing arts association or society, nonprofit sports association, committee, or governing body, scientific society, natural history society or organization, zoological society, society for western history and western culture, sponsor of housing facilities that serve the cultural needs of their residents, and any private nonprofit foundation, nonprofit association, or other entity that is organized principally for the support and benefit of any of the foregoing. (b) "Cultural institution" also includes any governmental, quasi-governmental, or nonprofit institution, corporation, association, or organization that, through one or more affiliates, directly or indirectly engages in cultural, intellectual, scientific, educational, or artistic enrichment in this state or outside this state if: (I) Such institution, corporation, association, or organization, or an affiliate of such an entity, is engaged in a financing or refinancing on behalf of a facility within this state or outside of this state; and (II) Such institution, corporation, association, or organization, or an affiliate of such an entity, operates a cultural facility within this state. (c) (Deleted by amendment, L. 2003, p. 2055, § 1, effective May 22, 2003.) (6.5) "Deep discount" means any obligation for which the original purchase price is substantially less than the par amount paid upon maturity. (7) (Deleted by amendment, L. 2006, p. 1496, § 31, effective June 1, 2006.) (8) (a) "Educational institution" means any governmental, quasi-governmental, or nonprofit educational institution operating in this state that: (I) Provides an educational program for which it awards a bachelor's degree; or (II) Provides not less than a two-year program which is acceptable for full credit towards such a degree; or (III) Provides not less than a six-month program of training to prepare students for gainful employment; or (IV) Provides not less than a six-month program of training to develop, improve, or enhance the occupational skills of persons in their current positions of employment or of persons seeking employment in a new or different occupation; or (V) Provides an educational program pursuant to a charter from a school district in accordance with applicable laws; or (VI) Provides an educational program to the residents of the state; or (VII) Provides or finances, directly or indirectly through one or more affiliates, an educational program or educational services in this state or outside this state; or (VIII) Is any public school district; or Colorado Revised Statutes 2019 Page 262 of 673 Uncertified Printout (IX) Provides an educational program pursuant to a contract with the state charter school institute in accordance with applicable laws. (b) (Deleted by amendment, L. 2004, p. 1518, § 1, effective May 28, 2004.) (c) "Educational institution" includes any private foundation, nonprofit association, or any other entity which is organized principally for the support and benefit of any educational institution defined in paragraph (a) of this subsection (8) and includes but is not limited to the Auraria higher education center. Any reference in this article to "educational institution supported in whole or in part by state funds" includes but is not limited to the Auraria higher education center. (8.5) (a) (I) (A) "Facility", in the case of a participating educational institution, means any structure or building suitable for use as a housing facility, an instructional facility, an administration building, a research facility, a laboratory, a maintenance, storage, or utility facility, an auditorium, a dining hall, a food service and preparation facility, a mental or physical health care facility, a recreational facility, or a student center facility or any other structure or facility required or useful for the operation of an educational institution, including, but not limited to: Offices, parking lots and garages, and other supporting service structures; any equipment, furnishings, and appurtenances necessary or useful in the operation of a participating educational institution; and the acquisition, preparation, and development of all real and personal property necessary or convenient as a site or sites for any such structure or facility. (B) "Facility", in the case of a participating educational institution, also means any structure or building described in sub-subparagraph (A) of this subparagraph (I) that is located within the state or outside the state and that is operated or financed by an educational institution if such institution operating or financing such structure or building, or an affiliate of such institution, operates or finances an educational facility within this state. (II) (A) "Facility", in the case of a cultural institution, means any property that is suitable for the particular purposes of a cultural institution, including, without limitation, any such property suitable for use as or in connection with the operation of any one or more of the following: An administrative facility, an aquarium, an assembly hall, an auditorium, a botanical garden, an exhibition or performance hall or structure, a gallery, a greenhouse, a library, a museum, a scientific laboratory, a housing facility that serves the cultural needs of its residents and is being financed as part of a multistate program of financing educational or cultural facilities under this article, a theater, or a zoological facility; and also including, without limitation, the books, works of art or music, and the animal, plant, or aquatic life or other items contained therein for display, exhibition, or performance. The term "facility" includes any other structure or facility required or useful for the operation of a cultural institution including, but not limited to, offices, parking lots and garages, and other supporting service structures; any equipment, furnishings, and appurtenances necessary or useful in the operation of a cultural institution; and the acquisition, preparation, and development of all real and personal property necessary or convenient as a site or sites for any such structure or facility. The term "facility" also includes buildings on the national register of historic places which are owned and operated by nonprofit entities. (B) "Facility", in the case of a cultural institution, also means any property described in sub-subparagraph (A) of this subparagraph (II) that is located within the state or outside the state and that is operated or financed by a cultural institution if such institution operating or financing Colorado Revised Statutes 2019 Page 263 of 673 Uncertified Printout such property, or an affiliate of such institution, also operates or finances a cultural facility within this state. (b) "Facility" does not include such items as food, fuel, supplies, or other items which are customarily considered as current operating expenses or charges. (9) "Refinancing of outstanding obligations" means liquidation, with the proceeds of bonds or notes issued by the authority, of any indebtedness of a participating educational institution or cultural institution incurred prior to, on, or after July 1, 1981, to finance or aid in financing a lawful purpose of such institution not financed pursuant to this article which would constitute a facility had it been undertaken and financed by the authority. The term also means consolidation of such indebtedness with indebtedness of the authority incurred for a facility related to the purpose for which the indebtedness of such institution was initially incurred. (10) "Revenues" means, with respect to facilities, the rents, fees, charges, interest, principal repayments, and other income received or to be received by the authority from any source on account of such facilities. (11) "Zero-coupon" means any obligation, as defined in subsection (3) of this section, which is payable in one payment on a fixed date. Source: L. 81: Entire article added, p. 1096, § 1, effective July 1. L. 83: (8)(a)(III) amended and (8)(c) added, p. 804, § 1, effective May 25. L. 85: (8)(a)(III) and (8)(c) amended and (8)(a)(IV) added, p. 786, § 1, effective April 12. L. 88: (11) added, p. 849, § 2, effective April 20. L. 89: (6.3) added and (7)(a) and (9) amended, p. 986, § 2, effective April 8; (3) and (11) amended and (6.5) added, p. 982, § 2, effective April 12. L. 98: (1), (7)(a)(I), (8), and (9) amended, p. 601, § 3, effective May 4. L. 2000: (6.3), (7)(a), and IP (8)(a) amended and (8)(a)(VII) added, p. 404, § 2, effective April 13. L. 2002: (8)(a)(VIII) added, p. 1744, § 16, effective June 7. L. 2003: (6.3)(c), (7)(b), and (8)(b) amended, p. 2055, § 1, effective May 22. L. 2004: (6.3)(a), (7)(a)(II)(A), and (8)(b) amended, p. 1518, § 1, effective May 28; (8)(a)(VIII) amended and (8)(a)(IX) added, p. 1648, § 57, effective July 1. L. 2006: (7) amended and (8.5) added, p. 1496, § 31, effective June 1. L. 2008: (8)(a)(VIII) amended, p. 1066, § 11, effective May 22. 23-15-104. Authority - creation - board - organization. (1) (a) There is hereby created an independent public body politic and corporate to be known as the Colorado educational and cultural facilities authority. Said authority is constituted a public instrumentality, and its exercise of the powers conferred by this article shall be deemed and held to be the performance of an essential public function. The authority shall be a body corporate and a political subdivision of the state and shall not be an agency of state government and shall not be subject to administrative direction by any department, commission, board, or agency of the state. (b) The legal effects of any statute heretofore designating the Colorado educational and cultural facilities authority by any other name, or property rights heretofore incurred under any other name, shall not be impaired. (2) The governing body of the authority shall be a board of directors, which shall consist of seven members to be appointed by the governor, with the consent of the senate. Such members shall be residents of the state. No more than four of the members shall be of the same political party. Except as provided in this subsection (2), the members of the board first appointed shall serve for terms to be designated by the governor, expiring on June 30 of each Colorado Revised Statutes 2019 Page 264 of 673 Uncertified Printout year beginning in 1982 and ending in 1988. The governor, with the consent of the senate, may appoint the members of the board of directors of an existing authority created under state law as the board of directors of the authority, in which case the terms of such directors shall be the same as their existing terms on the board of such other authority. Persons holding office on June 15, 1987, are subject to the provisions of section 24-1-137, C.R.S. Thereafter upon the expiration of the term of any member, his successor shall be appointed for a term of four years. Each member shall serve until his resignation or, in the case of a member whose term has expired, until his successor has been appointed and has qualified. Any member shall be eligible for reappointment. The governor shall fill any vacancy by appointment for the remainder of an unexpired term. Any member appointed by the governor when the general assembly is not in regular session, whether appointed for an unexpired term or for a full term, shall be deemed to be duly appointed and qualified until the appointment of such member is approved or rejected by the senate. Such appointment shall be submitted to the senate for its approval or rejection during the next regular session of the general assembly following the appointment. (3) (a) Any member of the board may be removed by the governor for misfeasance, malfeasance, willful neglect of duty, or other cause, after notice and a public hearing, unless such notice and hearing is expressly waived in writing. (b) Notwithstanding the provisions of paragraph (a) of this subsection (3), a member shall be removed by the governor if such member fails, for reasons other than temporary mental or physical disability or illness, to attend three regular meetings of the board during any twelvemonth period without the board having entered upon its minutes an approval for any of such absences. Source: L. 81: Entire article added, p. 1098, § 1, effective July 1. L. 83: (2) amended, p. 804, § 2, effective May 25. L. 87: (2) amended, p. 907, § 15, effective June 15. L. 98: (1) amended, p. 605, § 5, effective May 4. Cross references: For limitation on issuance of private activity bonds, see part 17 of article 32 of title 24; for the provisions that designate the Colorado postsecondary educational facilities authority as a "special purpose authority" for the purposes of section 20 of article X of the Colorado constitution, see § 24-77-102 (15). 23-15-105. Organizational meeting - chairman - executive director - surety bond conflict of interest. (1) A member of the board, designated by the governor, shall call and convene the initial organizational meeting of the board and shall serve as its chairman pro tempore. At such meeting, appropriate bylaws shall be presented for adoption. The bylaws may provide for the election or appointment of officers, the delegation of certain powers and duties, and such other matters as the authority deems proper. At such meeting and annually thereafter, the board shall elect one of its members as chairman and one as vice-chairman. It shall appoint an executive director and, if desired, an associate executive director, who shall not be members of the board and who shall serve at its pleasure. They shall receive such compensation for their services as shall be fixed by the board. (2) The executive director, the associate executive director, or any other person designated by the board shall keep a record of the proceedings thereof and shall be custodian of all books, documents, and papers filed with the board, the minute books or journal thereof, and Colorado Revised Statutes 2019 Page 265 of 673 Uncertified Printout its official seal. Said executive director, associate executive director, or other person may cause copies of all minutes and other records and documents of the board to be made and may give certificates under the official seal of the authority to the effect that such copies are true copies, and all persons dealing with the authority may rely on such certificates. (3) The board may delegate, by resolution, to one or more of its members or to its executive director or associate executive director such powers and duties as it may deem proper. (4) Before the issuance of any bonds under this article, the executive director and associate executive director shall each execute a surety bond in the penal sum of one hundred thousand dollars, and each member of the board shall execute a surety bond in the penal sum of fifty thousand dollars, or, in lieu thereof, the chairman of the board shall execute a blanket bond covering each member, the executive director, the associate executive director, and the employees or other officers of the authority, each surety bond to be conditioned upon the faithful performance of the duties of the office or offices covered, to be executed by a surety authorized to transact business in this state as surety. The cost of each such bond shall be paid by the authority. (5) Notwithstanding any other law to the contrary, it shall not constitute a conflict of interest for a trustee, director, officer, or employee of any educational institution, financial institution, investment banking firm, brokerage firm, commercial bank or trust company, architectural firm, or other firm, person, or corporation to serve as a member of the board; except that such trustee, director, officer, or employee shall disclose such interest to the board and may abstain from deliberation, action, and voting by the board in each instance where the business affiliation of any such trustee, director, officer, or employee is involved. Source: L. 81: Entire article added, p. 1099, § 1, effective July 1. L. 98: (5) amended, p. 605, § 6, effective May 4. 23-15-106. Meetings of board - quorum - expenses. (1) Four members of the board shall constitute a quorum for the purpose of conducting business and exercising its powers. Action may be taken by the board upon the affirmative vote of at least four of its members. No vacancy in the membership of the board shall impair the right of a quorum to exercise all the rights and perform all the duties of the board. (2) Each meeting of the board for any purpose whatsoever shall be open to the public. Notice of meetings shall be as provided in the bylaws of the authority. Resolutions need not be published or posted, but resolutions and all proceedings and other acts of the board shall be a public record. (3) Members of the board shall receive no compensation for their services but shall be entitled to the necessary expenses, including traveling and lodging expenses, incurred in the discharge of their official duties. Any payments for compensation and expenses shall be paid from funds of the authority. Source: L. 81: Entire article added, p. 1100, § 1, effective July 1. 23-15-107. General powers of the authority. (1) In addition to any other powers granted to the authority by this article, the authority shall have the following powers: (a) To have perpetual existence and succession as a body politic and corporate; Colorado Revised Statutes 2019 Page 266 of 673 Uncertified Printout (b) To adopt and from time to time amend or repeal bylaws for the regulation of its affairs and the conduct of its business, consistent with the provisions of this article; (c) To sue and be sued; (d) To have and to use a seal and to alter the same at pleasure; (e) To maintain an office at such place or places as it may designate; (f) To determine, in accordance with the provisions of this article, the location and character of any facility to be financed under the provisions of this article and to acquire, construct, reconstruct, renovate, improve, alter, replace, maintain, repair, operate, and lease such facility as lessee or lessor; to enter into contracts for any and all of such purposes and for the management and operation of a facility; and to designate a participating educational institution or cultural institution as its agent to determine the location and character of a facility undertaken by such participating institution under the provisions of this article and, as agent of the authority, to acquire, construct, reconstruct, renovate, replace, alter, improve, maintain, repair, operate, lease as lessee or lessor, and regulate the same and to enter into contracts for any and all of such purposes including contracts for the management and operation of such facility; (g) To lease to a participating institution of postsecondary education or cultural institution any or all of the facilities upon such terms and conditions as the authority shall deem proper, including, but not limited to, renewable, one-year leases with institutions of postsecondary education supported in whole or in part by state funds if authorized pursuant to section 23-1-106 or section 24-82-709, C.R.S., or a lease-purchase agreement authorized pursuant to sections 24-82-102 (1)(b) and 24-82-801, C.R.S.; to charge and collect rent therefor and to terminate any such lease upon the failure of the lessee to comply with any of the obligations thereof; and to include in any such lease, if desired, provisions that the lessee thereof shall have options to renew the term of the lease for such period or periods, at such rent, and upon such terms or conditions as shall be determined by the authority or to purchase any or all of the facilities or to include, if desired, provisions that, upon payment of all of the indebtedness incurred by the authority for the financing of such facilities, the authority will convey any or all of the facilities to the lessee or lessees thereof with or without consideration; (h) To borrow money and to issue bonds, notes, bond anticipation notes, or other obligations for any of its corporate purposes and to fund or refund the same, all as provided for in this article; (i) To establish rules and regulations, and to designate a participating educational institution or cultural institution as its agent to establish such rules and regulations, for the use of the facilities undertaken or operated by such participating institution and to employ or contract for consulting engineers, architects, attorneys, accountants, construction and financial experts, superintendents, managers, and such other employees and agents as may be necessary in its judgment and to fix their compensation; (j) To receive and accept from the federal government or any other public agency loans, grants, or contributions for or in aid of the construction of facilities or any portion thereof, or for equipping the same, and to receive and accept grants, gifts, or other contributions from any source, but only for the purposes for which they were loaned, contributed, or granted; (k) To mortgage or pledge all or any portion of the facilities and the site or sites thereof, whether then owned or thereafter acquired, for the benefit of the holders of bonds issued to finance such facilities or any portion thereof; Colorado Revised Statutes 2019 Page 267 of 673 Uncertified Printout (l) To make mortgage loans or other secured or unsecured loans to any participating educational institution or cultural institution for the cost of the facilities in accordance with an agreement between the authority and such participating institution; but no such loan shall exceed the total cost of such facilities as determined by such participating institution and approved by the authority; (m) To make mortgage loans or other secured or unsecured loans to a participating educational institution or cultural institution; to refund outstanding obligations, mortgages, or advances issued, made, or given by such participating institution for the cost of its facilities, including the issuance of bonds and the making of loans to a participating educational institution or cultural institution; or to refinance outstanding obligations and indebtedness incurred for facilities when the authority finds that such financing is in the public interest and alleviates the financial hardship upon the participating educational institution or cultural institution or is in connection with other financing by the authority for such participating institution; (n) To obtain or aid in obtaining, from any department or agency of the United States or of this state or any private company, any insurance or guarantee as to, or of, or for the payment or repayment of the interest or principal, or both the interest and principal, or any part of either or both on any loan, lease, or obligation or any instrument evidencing or securing the same made or entered into pursuant to the provisions of this article and, notwithstanding any other provisions of this article, to enter into any agreement, contract, or other instrument whatsoever with respect to any such insurance or guarantee, to accept payment in such manner and form as provided therein in the event of default by a participating educational institution or cultural institution, and to assign any such insurance or guarantee as security for the authority's bonds; (o) To charge to and equitably apportion among participating educational institutions or cultural institutions the administrative costs and expenses of the authority incurred in the exercise of the powers granted and the duties conferred by this article; (p) To make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and functions under this article; (q) To do all other things necessary and convenient to carry out the purposes of this article; (r) To make mortgage loans or other secured or unsecured loans to any person for the costs of a facility which will be made available for use by an educational institution or a cultural institution, if the governing body of such institution has resolved that the use of such facility will be in the best interests of such institution; but no such loan shall exceed the total cost of said facility as determined by said institution and approved by the authority; (s) To refund or refinance, through the issuance of bonds and the making of loans, any outstanding obligations, mortgages, indebtednesses, or advances issued, made, or given by a person for the cost of facilities which will be made available for use by an educational institution or a cultural institution when the governing board of such institution finds that the use of said facility is in the best interests of said institution; (t) To administer the Colorado education savings program pursuant to the provisions of section 23-15-110.5; (u) To designate bonds or certificates of participation of the authority as Colorado education savings bonds or certificates pursuant to the provisions of section 23-15-110.5; (v) To designate as Colorado education savings bonds or certificates the bonds or certificates of participation of issuers other than the authority if the issuer has applied for such Colorado Revised Statutes 2019 Page 268 of 673 Uncertified Printout designation and the authority has determined that such instruments satisfy the criteria established in section 23-15-110.5 (2). (2) The authority shall not have the power to operate a facility as a business other than as a lessee or lessor. (3) No institution of postsecondary education supported in whole or in part by state funds shall contract or otherwise agree with the authority to issue bonds on its behalf unless all approvals required by law, including but not limited to approvals required pursuant to section 23-1-106 and section 24-82-709, C.R.S., have been obtained. (4) Repealed. (5) No mortgage loan, other secured or unsecured loan, or financing, refinancing, refunding, or other financial obligation incurred pursuant to the terms of this article for the benefit of a charter school as described in section 23-15-103 (8)(a)(V), shall obligate, directly or indirectly, the school district that granted the charter to the charter school unless: (a) The express written consent of the school district is obtained; and (b) The authority obtains a written opinion of legal counsel that the obligation of the school district is legally permissible under the Colorado constitution and all applicable laws. Source: L. 81: Entire article added, p. 1100, § 1, effective July 1. L. 83: (1)(r) and (1)(s) added and (3) amended, p. 805, §§ 3, 4, effective May 25. L. 84: (3) amended, p. 636, § 1, effective April 5. L. 85: (1)(g) and (2) amended, p. 786, § 2, effective April 12. L. 89: (1)(f), (1)(g), (1)(i), (1)(l) to (1)(o), (1)(r), (1)(s), (2), and (3) amended and (4) added, pp. 988, 990, §§ 3, 4, effective April 8; (1)(t) to (1)(v) added, p. 983, § 3, effective April 12. L. 92: (4) repealed, p. 585, § 1, effective March 19. L. 98: (1)(f), (1)(i), (1)(l) to (1)(o), (1)(r), and (1)(s) amended and (5) added, p. 603, § 4, effective May 4. L. 2003: (1)(g) amended, p. 1377, § 6, effective April 28. L. 2009: (1)(g) amended, (HB 09-1218), ch. 132, p. 574, § 9, effective July 1. Cross references: For the legislative declaration contained in the 2003 act amending subsection (1)(g), see section 1 of chapter 190, Session Laws of Colorado 2003. 23-15-108. Acquisition of property. The authority, directly or by or through a participating educational institution or cultural institution as its agent, may acquire by purchase, lease, gift, devise, or other means such lands, structures, real or personal property, rights-of-way, franchises, easements, and other interests in lands, including lands lying under water and riparian rights which are located within or without the state, as it may deem necessary or convenient for the construction, acquisition, or operation of facilities, upon such terms as may be considered by the authority to be reasonable, and may take title thereto in the name of the authority or in the name of such participating educational institution or cultural institution as its agent. Source: L. 81: Entire article added, p. 1102, § 1, effective July 1. L. 89: Entire section amended, p. 990, § 5, effective April 8. L. 98: Entire section amended, p. 605, § 7, effective May 4. 23-15-109. Notes. The authority may issue from time to time its negotiable notes for any corporate purpose, including the payment of all or any part of the cost of any facility, and may renew from time to time any notes by the issuance of new notes, whether the notes to be renewed Colorado Revised Statutes 2019 Page 269 of 673 Uncertified Printout have or have not matured. The authority may issue notes partly to renew notes or to discharge other obligations then outstanding and partly for some other purpose. The notes may be authorized, sold, executed, and delivered in the same manner as bonds. Any resolution or resolutions authorizing notes of the authority or any issue thereof may contain any provisions which the authority is authorized to include in any resolution or resolutions authorizing bonds of the authority or any issue thereof, and the authority may include in any notes any terms, covenants, or conditions which it is authorized to include in any bonds. All such notes shall be payable from the proceeds of bonds or renewal notes or from the revenues of the authority or other moneys available therefor and not otherwise pledged, subject only to any contractual rights of the holders of any of its notes or other obligations then outstanding. Source: L. 81: Entire article added, p. 1102, § 1, effective July 1. 23-15-110. Bonds. (1) The authority may issue from time to time its bonds in such principal amounts as the authority shall determine for the purpose of financing all or a part of the cost of any facilities authorized by this article or for the refinancing of outstanding obligations. In anticipation of the sale of such bonds, the authority may issue bond anticipation notes and may renew the same from time to time. Such notes shall be paid from any revenues of the authority or other moneys available therefor and not otherwise pledged or from the proceeds of the sale of the bonds of the authority in anticipation of which they were issued. The notes shall be issued in the same manner as bonds. Such notes and the resolution or resolutions authorizing them may contain any provisions, conditions, or limitations which a bond resolution of the authority may contain. (2) The bonds may be issued as serial bonds, as term bonds, or as a combination of both types. All bonds issued by the authority shall be payable solely out of the revenues and receipts derived from the leasing, mortgaging, or sale by the authority of the facilities concerned or of any part thereof as designated in the resolutions of the authority under which the bonds are authorized to be issued or as designated in a trust indenture authorized by the authority, which trust indenture shall name a bank or trust company in Colorado, or outside of Colorado if it is determined by the authority to be in the best interests of the financing, such determination to be conclusive, as trustee, or out of other moneys available therefor and not otherwise pledged. Such bonds may be executed and delivered by the authority at such times, may be in such form and denominations and include such terms and maturities, may be in fully registered form or in bearer form registerable either as to principal or interest or both, may bear such conversion privileges, may be payable in such installments and at such time or times not exceeding forty years from the date thereof, may be payable at such place or places whether within or without the state of Colorado, may bear interest at such rate or rates per annum as shall be determined by the authority or as may be determined from time to time by a designated agent of the authority in accordance with specified standards and procedures and without regard to any interest rate limitation appearing in any other law, may be evidenced in such manner, may be executed by such officers of the authority, including the use of one or more facsimile signatures so long as at least one manual signature appears on the bonds, which manual signature may be either that of an officer of the authority or that of an officer of the trustee authenticating the same, may be in such form of coupon bonds having attached thereto interest coupons bearing the facsimile signature of an authorized officer of the authority, and may contain such provisions not Colorado Revised Statutes 2019 Page 270 of 673 Uncertified Printout inconsistent with this article as shall be provided in the resolutions of the authority under which the bonds are authorized to be issued or as is provided in a trust indenture authorized by the authority. Notwithstanding anything in this subsection (2) to the contrary, in the case of shortterm notes or other obligations maturing not later than one year from the date of issuance thereof, the board may authorize the executive director, associate executive director, or any officer of the board to fix principal amounts, maturity dates, interest rates, and purchase prices of any particular issue of such short-term notes or obligations, subject to such limitations as to maximum term, maximum principal amount outstanding, and maximum net effective interest rates as the board shall prescribe by resolution, and such authorization shall remain effective for the period of time designated in the initial resolution regardless of whether the composition of the board changes in the interim unless sooner rescinded by the board. (3) If deemed advisable by the authority, there may be retained in the resolutions or the trust indenture under which any bonds of the authority are authorized to be issued an option to redeem all or any part thereof as may be specified in such resolutions or in such trust indenture, at such price or prices, after such notice or notices, and on such terms and conditions as may be set forth in such resolutions or in such trust indenture and as may be briefly recited on the face of the bonds; but nothing in this article shall be construed to confer on the authority the right or option to redeem any bonds except as may be provided in the resolutions or in such trust indenture under which they are issued. (4) The bonds or notes of the authority may be sold at public or private sale for such price or prices, in such manner, and at such times as may be determined by the authority, and the authority may pay all expenses, premiums, and commissions which it may deem necessary or advantageous in connection with the issuance thereof. The power to fix the date of sale of bonds and notes, to receive bids or proposals, to award and sell bonds and notes, and to take all other necessary action to sell and deliver bonds and notes may be delegated to the executive director of the authority by resolution of the authority. Pending preparation of the definitive bonds, the authority may issue interim receipts or certificates to be exchanged for such definitive bonds. (5) (a) Issuance by the authority of one or more series of bonds for one or more purposes shall not preclude it from issuing other bonds in connection with the same facilities or any other facilities or for any other purpose under this article, but the resolutions or trust indenture under which any subsequent bonds may be issued shall recognize the terms and provisions of any prior pledge or mortgage made for any prior issue of bonds and the terms upon which such additional bonds may be issued and secured. Any outstanding bonds of the authority may, at any time and from time to time, be refunded or advance refunded by the authority by the issuance of its bonds for such purpose and in such principal amount as may be determined by the authority, which may include interest accrued or to accrue thereon with or without giving effect to investment income thereon and other expenses necessary to be paid in connection therewith. If deemed advisable by the authority, such bonds may be refunded or advance refunded for the additional purpose of paying all or any part of the cost of constructing and acquiring additions, improvements, extensions, or enlargements of a facility or any portion thereof. (b) Any such refunding may be effected whether the bonds to be refunded have then matured or will mature thereafter either by sale of the refunding bonds and the application of the proceeds thereof for the payment of the bonds to be refunded thereby or by the exchange of the refunding bonds for the bonds to be refunded thereby with the consent of the holders of the bonds to be so refunded, regardless of whether or not the bonds to be refunded were issued in Colorado Revised Statutes 2019 Page 271 of 673 Uncertified Printout connection with the same facilities or separate facilities or for any other purpose under this article and regardless of whether or not the bonds proposed to be refunded are payable on the same date or different dates or are due serially or otherwise. The proceeds of any such bonds issued for the purpose of refunding outstanding bonds may be applied, in the discretion of the authority, to the purchase or retirement at maturity or redemption of such outstanding bonds either on their earliest or any subsequent redemption date or upon the purchase or at the maturity thereof and, pending such application, may be placed in escrow to be applied to such purchase or retirement at maturity or redemption on such date as may be determined by the authority. Any such escrowed proceeds, pending such use, may be invested or deposited in securities or depositories meeting the requirements established in part 6 of article 75 of title 24, C.R.S., maturing at such time or times as are appropriate to assure the prompt payment as to principal, interest, and redemption premium, if any, of the outstanding bonds to be so refunded. The interest, income, and profit, if any, earned or realized on any such investment may also be applied, in the discretion of the authority, to the payment of the outstanding bonds or notes to be so refunded or to the payment of principal and interest on the refunding bonds or for any other purpose under this article. After the terms of the escrow have been fully satisfied and carried out, any balance of such proceeds and interest, income, and profits, if any, earned or realized on the investments thereof may be returned to the authority for use by it in any lawful manner. The portion of the proceeds of any such bonds issued for the additional purpose of paying all or any part of the cost of constructing and acquiring additions, improvements, extensions, or enlargements of a facility may be invested or deposited in securities or depositories meeting the requirements established in part 6 of article 75 of title 24, C.R.S., maturing not later than the time or times when such proceeds will be needed for the purpose of paying all or any part of such cost. The interest, income, and profits, if any, earned or realized on such investment may be applied to the payment of all or any part of such cost or may be used by the authority in any lawful manner. All such bonds shall be subject to the provisions of this article in the same manner and to the same extent as other bonds issued pursuant to this article. Source: L. 81: Entire article added, p. 1103, § 1, effective July 1. L. 84: (2) amended, p. 636, § 2, effective April 5. L. 89: (5)(b) amended, p. 1109, § 14, effective July 1. 23-15-110.5. Colorado education savings program. (1) There is hereby established the Colorado education savings program which shall be administered by the authority and which shall include, but need not be limited to, components concerning bonds and certificates, education, financial incentives, and alternative payment plans. In furtherance of the Colorado education savings program and in addition to any powers, duties, and responsibilities enumerated in this article, the authority may: (a) Designate the bonds or certificates of participation of the authority as Colorado education savings bonds or certificates; (b) Designate the bonds or certificates of participation of issuers other than the authority as Colorado education savings bonds or certificates if the issuer of such instruments applies for such designation and if such instruments satisfy the criteria established in subsection (2) of this section. Colorado Revised Statutes 2019 Page 272 of 673 Uncertified Printout (2) Bonds or certificates of participation may be designated as Colorado education savings bonds or certificates pursuant to subsection (1) of this section if such instruments satisfy the following criteria: (a) The bonds or certificates are structured and are to be marketed statewide by the underwriters in such a manner as to attract a broad range of investors in the retail Colorado bond market, including, but not limited to, parents, grandparents, or others who are interested in planning for the college education of their children; (b) The interest on the bonds or certificates is exempt from Colorado income taxation; (c) The bonds or certificates are issued by a state or local governmental entity, agency, institution, subdivision, district, or financing authority on its own behalf or on behalf of a nonprofit organization which is exempt from federal taxation pursuant to section 501 (c)(3) of the "Internal Revenue Code of 1986", as amended, or on behalf of a nonprofit corporation which is organized principally for the support and benefit of such state or local governmental entity, agency, institution, subdivision, district, financing authority, or nonprofit corporation; (d) The bonds or certificates, at the time such instruments are designated as Colorado education savings bonds or certificates, are rated in one of the two highest rating categories of such instruments by one or more nationally recognized organizations which regularly rate such obligations; (e) The bonds or certificates are either zero-coupon, deep discount, or comparable instruments and the maturation dates of such instruments are structured to the extent possible both to accommodate the financing needs of the issuer or the entity on whose behalf the instruments are being issued and to fulfill the needs of individuals planning on using the proceeds of such instruments for education purposes. (3) The authority shall collaborate with the Colorado commission on higher education on the development of educational materials designed to inform parents and others concerning the importance of accumulating the financial resources necessary to pay for a child's college education and the options available to accomplish that accumulation of resources, including the option of investing in Colorado education savings bonds or certificates. (4) The authority shall evaluate the feasibility of: (a) Payment of financial incentives to holders of Colorado education savings bonds or certificates if, at maturity, the proceeds of such bonds or certificates are applied to expenses incurred for education in the state of Colorado; (b) Staggered or periodic forms of payment for Colorado education savings bonds or certificates, including, but not limited to, payroll deduction plans; (c) Matching employer-employee purchase plans for Colorado education savings bonds or certificates. (5) No bond, certificate, or other financial instrument sold, traded, conveyed, or otherwise transferred in the state shall bear the designation, logo, trade name, or trademark of a Colorado education savings bond or certificate, nor shall any such bond or financial instrument be called, described, marketed, or otherwise be made to appear to a reasonable person to be a Colorado education savings bond or certificate unless such bond or financial instrument has been so designated pursuant to this section. Colorado Revised Statutes 2019 Page 273 of 673 Uncertified Printout Source: L. 88: Entire section added, p. 849, § 3, effective April 20. L. 89: Entire section R&RE, p. 983, § 4, effective April 12. L. 98: (2)(e) and (4)(a) amended, p. 606, § 8, effective May 4. 23-15-111. Negotiability of bonds. All bonds and the interest coupons applicable thereto are hereby declared and shall be construed to be negotiable instruments. Source: L. 81: Entire article added, p. 1105, § 1, effective July 1. 23-15-112. Security for bonds and notes. (1) The principal of and interest on any bonds or notes issued by the authority may be secured by a pledge of or security interest in the revenues, rentals, and receipts out of which the same may be made payable or from other moneys available therefor and not otherwise pledged or used as security and may be secured by a trust indenture, mortgage, or deed of trust (including assignment of leases or other contract rights of the authority thereunder) covering all or any part of the facilities from which the revenues, rentals, or receipts so pledged or used as security may be derived, including any enlargements of and additions to any such facility thereafter made. The resolution under which the bonds are authorized to be issued and any such trust indenture, mortgage, or deed of trust may contain any agreements and provisions which shall be a part of the contract with the holders of the bonds or notes to be authorized as to: (a) The pledging or providing of a security interest in all or any part of the revenues of a facility or any revenue-producing contract or contracts made by the authority with any individual, partnership, corporation, or association or any other body, public or private, to secure the payment of the bonds or notes or of any particular issue of bonds, subject to such agreements with noteholders or bondholders as may then exist; (b) The maintenance of properties covered thereby; (c) The fixing and collection of mortgage payments, rents, fees, and other charges and the amounts to be raised in each year thereby and the use and disposition of the revenues; (d) The setting aside, creating, and maintaining of special and reserve funds and sinking funds and the use and disposition of the revenues; (e) The limitations on the right of the authority or its agent to restrict and regulate the use of the facilities; (f) The limitations on the purpose to which the proceeds of sale of any issue of bonds or notes then or thereafter to be issued may be applied and the pledging or providing of a security interest in such proceeds to secure the payment of the bonds or notes or any issue of the bonds or notes; (g) The limitations on the issuance of additional bonds, the terms upon which additional bonds may be issued and secured, and the refunding of outstanding bonds; (h) The procedure, if any, by which the terms of any contract with bondholders or noteholders may be amended or abrogated and the total amount of bonds or notes consented to by the holders thereof and the manner in which such consent may be given; (i) The limitations on the amount of moneys derived from a facility to be expended for operating, administrative, or other expenses of the authority; Colorado Revised Statutes 2019 Page 274 of 673 Uncertified Printout (j) The defining of the acts or omissions to act constituting a default in the duties of the authority to holders of its obligations and the providing of rights and remedies to such holders in the event of a default; (k) The mortgaging of a facility and the site thereof for the purpose of securing the bondholders or noteholders; (l) Such other additional covenants, agreements, and provisions as are judged advisable or necessary by the authority for the security of the holders of such bonds or notes. (2) Any pledge made by the authority shall be valid and binding at the time the pledge is made and thereafter until satisfied. The revenues, moneys, or property so pledged and thereafter received by the authority shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of such pledge shall be valid and binding as against all parties having claims of any kind in tort or contract or in any other form against the authority, irrespective of whether such parties have notice thereof. Neither the resolution nor any other instrument by which a pledge is created need be recorded. Each pledge, agreement, lease, indenture, mortgage, and deed of trust made for the benefit or security of any of the bonds of the authority shall continue to be effective until the principal of and interest on the bonds for the benefit of which the same were made has been fully paid or provision for such payment has been duly made. In the event of default in such payment or in any agreements of the authority made as a part of the contract under which the bonds were issued, whether contained in the resolutions authorizing the bonds or in any trust indenture, mortgage, or deed of trust executed as security therefor, said payment or agreement may be enforced by suit, action in the nature of mandamus, appointment of a receiver in equity, foreclosure of any mortgage or deed of trust, or any one or more of said remedies. (3) In addition to the provisions of subsections (1) and (2) of this section, bonds of the authority may be secured by a pooling of leases, loans, or mortgages whereby the authority may assign its rights as lessor, lender, or mortgagee and pledge rents, loan payments, or mortgage payments under two or more leases, loans, or mortgages, with two or more participating educational institutions or cultural institutions as lessees, borrowers, or mortgagors, respectively, upon such terms as may be provided for in the resolutions of the authority or as may be provided for in a trust indenture or mortgage or deed of trust authorized by the authority. Source: L. 81: Entire article added, p. 1105, § 1, effective July 1. L. 89: (3) amended, p. 990, § 6, effective April 8. L. 98: (3) amended, p. 606, § 9, effective May 4. 23-15-113. Personal liability. Neither the members of the authority nor any person executing the bonds or notes shall be liable personally on bonds or notes or be subject to any personal liability or accountability by reason of the issuance thereof. Source: L. 81: Entire article added, p. 1107, § 1, effective July 1. 23-15-114. Purchase. The authority may purchase its bonds or notes out of any funds available therefor. The authority may hold, pledge, cancel, or resell such bonds or notes, subject to and in accordance with agreements with bondholders or noteholders. Source: L. 81: Entire article added, p. 1107, § 1, effective July 1. Colorado Revised Statutes 2019 Page 275 of 673 Uncertified Printout 23-15-115. Procedure before expenditure of proceeds. (1) Notwithstanding any other provisions of this article, the authority may not undertake any facility authorized by this article unless, prior to the expenditure of proceeds, the board finds that: (a) Such facility will enable or assist an educational institution or a cultural institution to fulfill its obligation to provide facilities; and (b) In the case of an educational institution, such facility has been reviewed and approved by the commission if such approval is required pursuant to section 23-1-106. Source: L. 81: Entire article added, p. 1107, § 1, effective July 1. L. 84: Entire section amended, p. 637, § 3, effective April 5. L. 89: (1)(a) and (1)(b) amended, p. 991, § 7, effective April 8. L. 98: Entire section amended, p. 606, § 10, effective May 4. 23-15-116. Trust agreement to secure bonds. In the discretion of the authority, any bonds issued pursuant to this article may be secured by a trust agreement between the authority and a corporate trustee or trustees, which may be any trust company or bank having the powers of a trust company in Colorado. Such trust agreement or the resolution providing for the issuance of such bonds may pledge or assign the revenues to be received or the proceeds of any contract or contracts pledged and may convey or mortgage the facilities or any portion thereof. Such trust agreement or resolution providing for the issuance of such bonds may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable, proper, and not in violation of law, including particularly such provisions as have been specifically authorized to be included in any resolution or resolutions of the authority authorizing bonds thereof. Any bank or trust company incorporated under the laws of this state which may act as depository of the proceeds of bonds or of revenues or other moneys may furnish such indemnifying bonds or pledge such securities as may be required by the authority. Any such trust agreement may set forth the rights and remedies of the bondholders and of the trustee or trustees and may restrict the individual right of action by bondholders. In addition, any such trust agreement or resolution may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust agreement or resolution may be treated as a part of the cost of the operation of a facility. Source: L. 81: Entire article added, p. 1107, § 1, effective July 1. 23-15-117. Payment of bonds - nonliability of state. Bonds and notes issued by the authority shall not constitute or become an indebtedness, a debt, or a liability of the state, the general assembly, or any county, city, city and county, town, school district, or other political subdivision of the state or of any other political subdivision or body corporate and politic within the state, and neither the state, the general assembly, nor any county, city, city and county, town, school district, or other political subdivision of the state shall be liable thereon; nor shall such bonds or notes constitute the giving, pledging, or loaning of the faith and credit of the state, the general assembly, or any county, city, city and county, town, school district, or other political subdivision of the state or of any other political subdivision or body corporate and politic within the state, but such bonds or notes shall be payable solely from the funds provided for in this article. Unless by specific pledge in an act of issuance as authorized by law, the issuance of bonds or notes under the provisions of this article shall not obligate, directly, indirectly, or Colorado Revised Statutes 2019 Page 276 of 673 Uncertified Printout contingently, the state or any subdivision thereof nor empower the authority to levy or collect any form of taxes or assessments therefor or to create any indebtedness payable out of taxes or assessments therefor or make any appropriation for their payment, and such appropriation or levy is prohibited. Nothing in this section shall prevent or be construed to prevent the authority from pledging its full faith and credit or the full faith and credit of a participating educational institution or cultural institution to the payment of bonds or notes authorized pursuant to this article. Nothing in this article shall be construed to authorize the authority to create a debt of the state within the meaning of the constitution or statutes of Colorado or to authorize the authority to levy or collect taxes or assessments; and all bonds issued by the authority pursuant to the provisions of this article are payable and shall state that they are payable solely from the funds pledged for their payment in accordance with the resolution authorizing their issuance or with any trust indenture, mortgage, or deed of trust executed as security therefor and are not a debt or liability of the state of Colorado. Unless by specific pledge in an act of issuance as authorized by law, the state shall not in any event be liable for the payment of the principal of or interest on any bonds of the authority or for the performance of any pledge, mortgage, obligation, or agreement of any kind whatsoever which may be undertaken by the authority. No breach of any such pledge, mortgage, obligation, or agreement shall otherwise impose any pecuniary liability upon the state or any charge upon its general credit or against its taxing power. Source: L. 81: Entire article added, p. 1108, § 1, effective July 1. L. 89: Entire section amended, p. 991, § 8, effective April 8. L. 98: Entire section amended, p. 607, § 11, effective May 4. L. 2008: Entire section amended, p. 1066, § 12, effective May 22. 23-15-118. Exemption from taxation and securities law. The authority is hereby declared to be a public instrumentality of the state, performing a public function for the benefit of the people of the state for the improvement of their welfare and educational and cultural opportunities. Accordingly, the income or other revenues of the authority, all properties at any time owned by the authority, any bonds, notes, or other obligations issued pursuant to this article and the transfer thereof and the income therefrom (including any profit made on the sale thereof), and all mortgages, leases, trust indentures, and other documents issued in connection therewith shall be exempt at all times from all taxation and assessments in the state of Colorado. Bonds issued by the authority shall also be exempt from the "Colorado Securities Act", article 51 of title 11, C.R.S. Source: L. 81: Entire article added, p. 1108, § 1, effective July 1. L. 89: Entire section amended, p. 992, § 9, effective April 8. L. 90: Entire section amended, p. 740, § 5, effective July 1. L. 98: Entire section amended, p. 607, § 12, effective May 4. 23-15-119. Rents and charges. A sufficient amount of the revenues derived with respect to a facility, except such part of such revenues as may be necessary to pay the cost of maintenance, repair, and operation and to provide reserves and for renewals, replacements, extensions, enlargements, and improvements provided for in the resolution authorizing the issuance of any bonds or notes of the authority or in the trust agreement securing the same, shall be set aside at such regular intervals as may be provided in such resolution or trust agreement in a sinking or other similar fund which is hereby pledged to and charged with the payment of the Colorado Revised Statutes 2019 Page 277 of 673 Uncertified Printout principal of and the interest on such bonds or notes as the same become due and the redemption price or the purchase price of bonds retired by call or purchase as therein provided. Such pledge shall be valid and binding at the time the pledge is made and thereafter until satisfied, and the rates, rents, fees, charges, and other revenues or other moneys so pledged and thereafter received by the authority shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act; and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort or contract or in any other form against the authority, irrespective of whether such parties have notice thereof. Neither the bond resolution, any trust agreement, any other agreement, nor any lease by which a pledge is created need be filed or recorded except in the records of the authority. The use and disposition of moneys to the credit of such sinking or other similar fund shall be subject to the resolution authorizing the issuance of such bonds or notes or to such trust agreement. Except as may be otherwise provided in such resolution or such trust agreement, such sinking or other similar fund may be a fund for all such bonds or notes issued to finance facilities at a particular educational institution or cultural institution without distinction or priority of one over another; except that the authority in any such resolution or trust agreement may provide that such sinking or other similar fund shall be the fund for a particular facility at an educational institution or a cultural institution and for the bonds issued to finance a particular facility and, additionally, may permit and provide for the issuance of bonds having a lien with respect to the security authorized which is subordinate to other bonds of the authority, and, in such case, the authority may create separate sinking or other similar funds with respect to such subordinate lien bonds. Source: L. 81: Entire article added, p. 1109, § 1, effective July 1. L. 89: Entire section amended, p. 992, § 10, effective April 8. L. 98: Entire section amended, p. 608, § 13, effective May 4. 23-15-120. Fees. (1) All expenses of the authority incurred in carrying out the provisions of this article shall be payable solely from funds provided pursuant to this article, and no liability shall be incurred by the authority beyond the moneys which are provided pursuant to this article; except that, for the purposes of meeting the necessary expenses of initial organization and operation until such date as the authority derives moneys from funds provided pursuant to this article, the authority may borrow such moneys as may be required for the necessary expenses of organization and operation. Such borrowed moneys shall be repaid within a reasonable time after the authority receives funds provided pursuant to this article. (2) Nothing in this article shall be construed to imply mandatory participation by an educational institution or a cultural institution. An initial planning service fee in an amount determined by the authority shall be paid to the authority by each participating educational institution or cultural institution that applies for financial assistance to provide for its facilities. Such initial planning service fees shall be included in the cost of the facilities to be financed and shall not be refundable by the authority, whether or not any such application is approved or, if approved, whether or not such financial assistance is accomplished. In addition to such initial fee, an annual planning service fee shall be paid to the authority by each participating educational institution or cultural institution in an amount determined by the authority. Such fees shall be paid on said dates or in such installments as may be satisfactory to the authority. Such fees may be used for: Colorado Revised Statutes 2019 Page 278 of 673 Uncertified Printout (a) Necessary expenses to determine the need for facilities; (b) Necessary administrative expenses; and (c) Reserves for anticipated future expenses. (3) In addition, the authority may retain, for a negotiated fee, the services of any other public or private person, firm, partnership, association, or corporation for the furnishing of services and data for use by the authority in determining the need and location of any such facilities for which application is being made or for such other services or surveys as the authority deems necessary to carry out the purposes of this article. (4) The authority may charge a reasonable fee to cover expenses incurred by the authority in connection with the review of an application by an issuer other than the authority for designation of bonds or certificates as Colorado education savings bonds or certificates pursuant to section 23-15-110.5. Such fee may also be used to cover a portion of the cost to the authority of administering the program. Source: L. 81: Entire article added, p. 1109, § 1, effective July 1. L. 89: IP(2) amended, p. 993, § 11, effective April 8; (4) added, p. 984, § 5, effective April 12. L. 98: IP(2) amended, p. 608, § 14, effective May 4. 23-15-121. Conveyance of title - release of lien. When the principal of and interest on bonds issued by the authority to finance the cost of facilities or to refinance the outstanding indebtedness of one or more participating educational institutions or cultural institutions, including any refunding bonds issued to refund and refinance such bonds, have been fully paid and retired or when adequate provision has been made to fully pay and retire the same and when all other conditions of the resolution, the lease, the trust indenture, and the mortgage, deed of trust, or other form of security arrangement, if any, authorizing and securing the same have been satisfied, the authority shall promptly do all things and execute such deeds, conveyances, and other documents as are necessary and required to release the lien of such mortgage, deed of trust, or other form of security arrangement in accordance with the provisions thereof and to convey its right, title, and interest in such facilities so financed, and any other facilities leased or mortgaged or subject to a deed of trust or any other form of security arrangement to secure the bonds, to such participating educational institution or cultural institution. Source: L. 81: Entire article added, p. 1110, § 1, effective July 1. L. 89: Entire section amended, p. 993, § 12, effective April 8. L. 98: Entire section amended, p. 609, § 15, effective May 4. 23-15-122. Investment of funds. The authority may invest the proceeds from the sale of a series of bonds or any funds related to the series in such securities and other investments, whether or not any such investment or reinvestment is authorized under any other law of this state, as may be provided in the proceedings under which the series of bonds are authorized to be issued, including but not limited to the following: Bonds or other obligations of the United States; bonds or other obligations, the payment of the principal and interest of which is unconditionally guaranteed by the United States; obligations issued or guaranteed as to principal and interest by any agency or person controlled or supervised by and acting as an instrumentality of the United States pursuant to authority granted by the congress of the United States; Colorado Revised Statutes 2019 Page 279 of 673 Uncertified Printout obligations issued or guaranteed by any state of the United States or any political subdivision of any such state; prime commercial paper; prime finance company paper; bankers' acceptances drawn on and accepted by commercial banks; repurchase agreements fully secured by obligations issued or guaranteed as to principal and interest by the United States or by any person controlled or supervised by and acting as an instrumentality of the United States pursuant to authority granted by the congress of the United States; or certificates of deposit or time deposits issued by commercial banks or savings and loan associations that are insured by the federal deposit insurance corporation or its successor. The authority may invest any other funds in the securities as provided in this section and with such maturities as the authority shall determine if such maturities are on a date or dates prior to the time that, in the judgment of the authority, the funds so invested will be required for expenditure. The express judgment of the authority as to the time that any funds will be required for expenditure or be redeemable is final and conclusive. Source: L. 81: Entire article added, p. 1110, § 1, effective July 1. L. 83: Entire section R&RE, p. 805, § 5, effective May 25. L. 2004: Entire section amended, p. 153, § 66, effective July 1. 23-15-123. Proceeds as trust funds. All moneys received pursuant to this article, whether as proceeds from the sale of bonds, notes, or other obligations or as revenues or receipts, shall be deemed to be trust funds to be held and applied solely as provided in this article. Any officer, bank, or trust company with which such moneys are deposited shall act as trustee of such moneys and shall hold and apply the same for the purposes of this article, subject to such regulations as this article and the resolution authorizing the bonds, notes, or other obligations of any issue or the trust agreement securing such obligations shall provide. Source: L. 81: Entire article added, p. 1111, § 1, effective July 1. 23-15-124. Agreement of the state not to limit or alter rights of obligees. The state hereby pledges to and agrees with the holders of any bonds, notes, or other obligations issued pursuant to this article and with those parties who may enter into contracts with the authority pursuant to the provisions of this article that the state will not limit, alter, restrict, or impair the rights vested pursuant to this article in the authority to acquire, construct, reconstruct, maintain, and operate any facility or to establish, revise, charge, and collect rates, rents, fees, and other charges whenever it may be convenient or necessary to produce sufficient revenues to meet the expenses of maintenance and operation thereof and to fulfill the terms of any agreements made with the holders of bonds, notes, or other obligations authorized and issued pursuant to this article and with the parties who may enter into contracts with the authority pursuant to this article. The state further agrees that it will not in any way impair the rights or remedies of the holders of such bonds, notes, or other obligations of such parties until such bonds, notes, or other obligations, together with interest thereon, interest on any unpaid installment of interest, and all costs and expenses in connection with any action or proceeding by or on behalf of such holders, are fully met and discharged and such contracts are fully performed on the part of the authority. Nothing in this article precludes such limitation or alteration if and when adequate provision is made by law for the protection of the holders of such bonds, notes, or other obligations of the Colorado Revised Statutes 2019 Page 280 of 673 Uncertified Printout authority or those entering into such contracts with the authority. The authority may include this pledge and undertaking for the state in such bonds, notes, or other obligations and in such contracts. Source: L. 81: Entire article added, p. 1111, § 1, effective July 1. 23-15-125. Enforcement of rights of bondholders. Any holder of bonds issued pursuant to this article or a trustee under a trust agreement, trust indenture, indenture of mortgage, or deed of trust entered into pursuant to this article, except to the extent that his rights are restricted by any bond resolution, may protect and enforce, by any suitable form of legal proceedings, any rights under the laws of this state or granted by the bond resolution. Such rights include the right to compel the performance of all duties of the authority required by this article or the bond resolution; to enjoin unlawful activities; and, in the event of default with respect to the payment of the principal of and premium, if any, and interest on any bond or in the performance of any covenant or agreement on the part of the authority in the bond resolution, to apply to a court having jurisdiction of the cause to appoint a receiver to administer and operate the facility, the revenues of which are pledged to the payment of the principal of and premium, if any, and interest on such bonds, with full power to pay, and to provide for the payment of the principal of and premium, if any, and interest on such bonds, with such powers, subject to the direction of the court, as are permitted by law and are accorded receivers in general equity cases, but excluding any power to pledge additional revenues of the authority to the payment of such principal, premium, and interest. Source: L. 81: Entire article added, p. 1111, § 1, effective July 1. 23-15-126. Bonds eligible for investment. All banks, bankers, trust companies, savings and loan associations, investment companies, and insurance companies and associations and all executors, administrators, guardians, trustees, and other fiduciaries may legally invest any sinking funds, moneys, or other funds belonging to them or within their control in any bonds issued pursuant to this article. Public entities, as defined in section 24-75-601 (1), C.R.S., may invest public funds in such bonds only if said bonds satisfy the investment requirements established in part 6 of article 75 of title 24, C.R.S. Source: L. 81: Entire article added, p. 1112, § 1, effective July 1. L. 89: Entire section amended, p. 1128, § 60, effective July 1. 23-15-127. Account of activities and receipts for expenditures - report - audit. The authority shall keep an accurate account of all its activities and of all its receipts and expenditures and shall annually, in the month of January, make a report thereof to its members and to the state auditor, such reports to be in a form prescribed by the state auditor. Also included in the report shall be any recommendations with reference to additional legislation or other action that may be necessary to carry out the purpose of the authority. The state auditor may investigate the affairs of the authority, may severally examine the properties and records of the authority, and may prescribe methods of accounting and the rendering of periodical reports in relation to facilities undertaken by the authority. Colorado Revised Statutes 2019 Page 281 of 673 Uncertified Printout Source: L. 81: Entire article added, p. 1112, § 1, effective July 1. L. 83: Entire section amended, p. 806, § 6, effective May 25. L. 96: Entire section amended, p. 1239, § 92, effective August 7. L. 99: Entire section amended, p. 851, § 10, effective May 24. Cross references: For the legislative declaration contained in the 1996 act amending this section, see section 1 of chapter 237, Session Laws of Colorado 1996. 23-15-128. Federal social security act. The authority may take such action as it deems appropriate to enable its employees to come within the provisions and obtain the benefits of the federal "Social Security Act", as amended. Source: L. 81: Entire article added, p. 1112, § 1, effective July 1. 23-15-129. Powers of authority not restricted - law complete in itself. This article shall not be construed as a restriction or limitation upon any powers which the authority might otherwise have under any laws of this state but shall be construed as cumulative of any such powers. No proceedings, referendum, notice, or approval shall be required for the creation of the authority or the issuance of any bonds or any instrument as security therefor unless so provided in this article; but nothing in this article shall be construed to deprive the state and its political subdivisions of their respective police powers over properties of the authority or to impair any power thereover of any official or agency of the state and its political subdivisions which may be otherwise provided by law. Source: L. 81: Entire article added, p. 1112, § 1, effective July 1. 23-15-130. Powers in addition to those granted by other laws. The powers conferred by this article are in addition and supplementary to, and the limitations imposed by this article do not affect the powers conferred by, any other law, except as provided in this article. Facilities may be acquired, purchased, constructed, reconstructed, improved, bettered, and extended, and bonds may be issued pursuant to this article for said purposes, notwithstanding that any other provision of law may provide for the acquisition, purchase, construction, reconstruction, improvement, betterment, and extensions of like facilities or the issuance of bonds for like purposes; and such bonds may be issued without regard to the requirements, restrictions, limitations, or other provisions contained in any other provision of law. Source: L. 81: Entire article added, p. 1112, § 1, effective July 1. 23-15-131. Annual report. (Repealed) Source: L. 81: Entire article added, p. 1113, § 1, effective July 1. L. 83: Entire section repealed, p. 806, § 7, effective May 25. ARTICLE 16 Limitation on Athlete Agents Colorado Revised Statutes 2019 Page 282 of 673 Uncertified Printout PART 1 CONTRACTS AND INTERVIEWS 23-16-101. Legislative declaration. The general assembly hereby finds that dishonest or unscrupulous practices by athlete agents who solicit representation of student athletes can cause significant harm to student athletes and to the institutions of higher education for which they play. It is the general assembly's intent to protect the interests of student athletes and institutions of higher education by limiting the contacts between athlete agents and student athletes and by setting requirements for contracts entered into between athlete agents and student athletes. Source: L. 96: Entire article added, p. 1487, § 1, effective July 1. 23-16-102. Definitions. As used in this part 1, unless the context otherwise requires: (1) "Agent contract" means any contract or agreement in which a student athlete authorizes or empowers, or agrees to authorize or empower at some later date, an athlete agent to negotiate or solicit any professional sport services contract or marketing endorsement contract on behalf of the student athlete regardless of whether the athlete agent is entitled to compensation under the contract or agreement. (2) "Athlete agent" means a person who, directly or indirectly, recruits or solicits a student athlete to enter into an agent contract, or who, for any type of financial gain, procures, offers, promises, or attempts to obtain employment or promotional fees or benefits for a student athlete with a professional sports team or as a professional athlete or with any promoter who markets or attempts to market the student athlete's athletic ability or athletic reputation. (3) Repealed. (4) "Governing board" means the governing body of a state-supported institution of higher education. (5) "Institution" means any state-supported institution of higher education operating in this state and any nonpublic institution of higher education, as defined in section 23-3.7-102 (3), operating in this state. (6) "Student athlete" means any individual who is enrolled as a student at an institution and has either submitted a written letter of intent to or is eligible to and does participate in any intercollegiate sporting event, contest, exhibition, or program. Source: L. 96: Entire article added, p. 1487, § 1, effective July 1. L. 2008: IP amended, p. 1015, § 2, effective July 1. L. 2010: (3) repealed, (HB 10-1422), ch. 419, p. 2080, § 53, effective August 11. 23-16-103. Contact with student athletes prohibited. (Repealed) Source: L. 96: Entire article added, p. 1488, § 1, effective July 1. L. 2008: Entire section repealed, p. 1015, § 3, effective July 1. Colorado Revised Statutes 2019 Page 283 of 673 Uncertified Printout 23-16-104. Agent contracts - contents - notice - termination. (1) In addition to the requirements specified in section 23-16-209 for contracts with athlete agents, any agent contract entered into between an athlete agent and a student athlete shall also include: (a) and (b) (Deleted by amendment, L. 2008, p. 1015, § 4, effective July 1, 2008.) (c) Any guarantees provided by the athlete agent to the student athlete; (d) In addition to the warning required to be given to the student athlete as specified in section 23-16-209 (c), the following statement in at least ten-point type that is bold-faced, capitalized, underlined, or otherwise conspicuously set out from surrounding written material: WARNING TO STUDENT ATHLETE: DO NOT SIGN THIS CONTRACT UNTIL YOU HAVE READ IT OR IF IT CONTAINS BLANK SPACES. DO NOT SIGN THIS CONTRACT IF IT DOES NOT SPECIFY ALL OF THE GUARANTEES MADE TO YOU BY THE ATHLETE AGENT. IF YOU DECIDE THAT YOU DO NOT WISH TO PURCHASE THE SERVICES OF THE ATHLETE AGENT, YOU MAY CANCEL THIS CONTRACT BY NOTIFYING THE ATHLETE AGENT IN WRITING OF YOUR DESIRE TO CANCEL THE CONTRACT WITHIN FOURTEEN DAYS AFTER THE DATE ON WHICH YOU SIGN THIS CONTRACT. (2) to (4) (Deleted by amendment, L. 2008, p. 1015, § 4, effective July 1, 2008.) Source: L. 96: Entire article added, p. 1488, § 1, effective July 1. L. 2008: Entire section amended, p. 1015, § 4, effective July 1. 23-16-105. Exceptions - written materials - student-initiated contacts. (Repealed) Source: L. 96: Entire article added, p. 1490, § 1, effective July 1. L. 2008: Entire section repealed, p. 1016, § 5, effective July 1. 23-16-106. Athlete agent interviews - scheduling - rules. Each institution that participates in intercollegiate athletics may sponsor on-campus athlete agent interviews at which an athlete agent may interview student athletes to discuss the athlete agent's representation of the student athletes in the marketing of the student athletes' athletic ability or reputation. The governing board of the institution or the institution may adopt rules with regard to the scheduling of interview periods, the duration of each interview period, and locations on campus where interviews may be conducted. Source: L. 96: Entire article added, p. 1490, § 1, effective July 1. 23-16-107. Compliance coordinator - duties. (1) Each institution or governing board shall designate an individual to serve as compliance coordinator for the institution or for each institution under the governing board's management. The compliance coordinator shall ensure the compliance of the institution and its athletes and students with the provisions of this part 1 and the rules adopted by the governing board or institution. (2) If an institution chooses to sponsor on-campus athlete agent interviews as provided in section 23-16-106, the compliance coordinator shall organize the athlete interview schedule. Colorado Revised Statutes 2019 Page 284 of 673 Uncertified Printout The compliance coordinator shall provide appropriate public notice of the interview period at least thirty days before the date the interview period is scheduled to begin. On receipt of a written request, the compliance coordinator shall provide an athlete agent with a copy of the rules adopted by the governing board or institution pursuant to section 23-16-106. Source: L. 96: Entire article added, p. 1490, § 1, effective July 1. L. 2008: (1) amended, p. 1017, § 6, effective July 1. 23-16-108. Violations - penalties - civil suit. (Repealed) Source: L. 96: Entire article added, p. 1490, § 1, effective July 1. L. 2008: Entire section repealed, p. 1017, § 7, effective July 1. PART 2 UNIFORM ATHLETE AGENTS ACT 23-16-201. Short title. This part 2 may be cited as the "Uniform Athlete Agents Act". Source: L. 2008: Entire part added, p. 1002, § 1, effective July 1. 23-16-202. Definitions. In this part 2: (1) "Agency contract" means an agreement in which a student athlete authorizes a person to negotiate or solicit on behalf of the student athlete a professional-sports-services contract or an endorsement contract. (2) "Athlete agent" means an individual who enters into an agency contract with a student athlete or, directly or indirectly, recruits or solicits a student athlete to enter into an agency contract. The term includes an individual who represents to the public that the individual is an athlete agent. The term does not include a spouse, parent, sibling, grandparent, or guardian of the student athlete or an individual acting solely on behalf of a professional sports team or professional sports organization. (3) "Athletic director" means an individual responsible for administering the overall athletic program of an educational institution or, if an educational institution has separately administered athletic programs for male students and female students, the athletic program for males or the athletic program for females, as appropriate. (4) "Contact" means a communication, direct or indirect, between an athlete agent and a student athlete, to recruit or solicit the student athlete to enter into an agency contract. (5) Repealed. (6) "Endorsement contract" means an agreement under which a student athlete is employed or receives consideration to use on behalf of the other party any value that the student athlete may have because of publicity, reputation, following, or fame obtained because of athletic ability or performance. (7) "Intercollegiate sport" means a sport played at the collegiate level for which eligibility requirements for participation by a student athlete are established by a national association for the promotion or regulation of collegiate athletics. Colorado Revised Statutes 2019 Page 285 of 673 Uncertified Printout (8) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, or government; a governmental subdivision, agency, or instrumentality; a public corporation; or any other legal or commercial entity. (9) "Professional-sports-services contract" means an agreement under which an individual is employed, or agrees to render services, as a player on a professional sports team, with a professional sports organization, or as a professional athlete. (10) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (11) Repealed. (12) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. (13) "Student athlete" means an individual who engages in, is eligible to engage in, or may be eligible in the future to engage in, any intercollegiate sport. If an individual is permanently ineligible to participate in a particular intercollegiate sport, the individual is not a student athlete for purposes of that sport. Source: L. 2008: Entire part added, p. 1002, § 1, effective July 1. L. 2010: (5) and (11) repealed, (HB 10-1128), ch. 172, p. 617, § 17, effective April 29. 23-16-203. Service of process - subpoenas. (a) At all times while acting as an athlete agent in this state, a nonresident individual shall continuously maintain in this state a registered agent. The registered agent shall be: (1) An individual who is eighteen years of age or older and whose primary residence or usual place of business is in this state; (2) A domestic entity having a usual place of business in this state; or (3) A foreign entity authorized to transact business or conduct activities in this state that has a usual place of business in this state. (b) The registered agent of the nonresident individual is an agent of the individual authorized to receive service of any process, notice, or demand required or permitted by law to be served on the individual in any civil action in this state related to an individual acting as an athlete agent. (c) If a nonresident individual acting as an athlete agent in this state who is required to maintain a registered agent pursuant to this part 2 has no registered agent, or if the registered agent is not located under its registered agent name at its registered agent address, or if the registered agent cannot with reasonable diligence be served, the nonresident individual acting as an athlete agent in this state may be served by registered mail or by certified mail, return receipt requested, addressed to the nonresident athlete agent at his or her principal office address. Service is perfected under this subsection (c) at the earliest of: (1) The date the nonresident athlete agent receives the process, notice, or demand; (2) The date shown on the return receipt, if signed on behalf of the nonresident athlete agent; or (3) Five days after mailing. (d) This section does not prescribe the only means, or necessarily the required means, of serving a nonresident athlete agent in this state. Colorado Revised Statutes 2019 Page 286 of 673 Uncertified Printout Source: L. 2008: Entire part added, p. 1004, § 1, effective July 1. 23-16-204. Athlete agents - registration required - void contracts. (Repealed) Source: L. 2008: Entire part added, p. 1004, § 1, effective July 1. L. 2010: Entire section repealed, (HB 10-1128), ch. 172, p. 617, § 18, effective April 29. 23-16-205. Registration as athlete agent - form - requirements. (Repealed) Source: L. 2008: Entire part added, p. 1005, § 1, effective July 1. L. 2010: Entire section repealed, (HB 10-1128), ch. 172, p. 618, § 19, effective April 29. 23-16-206. Certificate of registration - issuance or denial - renewal. (Repealed) Source: L. 2008: Entire part added, p. 1006, § 1, effective July 1. L. 2010: Entire section repealed, (HB 10-1128), ch. 172, p. 619, § 20, effective April 29. 23-16-207. Suspension, revocation, or refusal to renew registration - disciplinary action against registration - cease-and-desist orders - immunity. (Repealed) Source: L. 2008: Entire part added, p. 1007, § 1, effective July 1. L. 2010: Entire section repealed, (HB 10-1128), ch. 172, p. 620, § 21, effective April 29. 23-16-208. Registration and renewal fees. (Repealed) Source: L. 2008: Entire part added, p. 1010, § 1, effective July 1. L. 2010: Entire section repealed, (HB 10-1128), ch. 172, p. 623, § 22, effective April 29. 23-16-209. Required form of contract. (a) An agency contract must be in a record, signed or otherwise authenticated by the parties. (b) An agency contract must state or contain: (1) The amount and method of calculating the consideration to be paid by the student athlete for services to be provided by the athlete agent under the contract and any other consideration the athlete agent has received or will receive from any other source for entering into the contract or for providing the services; (2) The name of any person who will be compensated because the student athlete signed the agency contract; (3) A description of any expenses that the student athlete agrees to reimburse; (4) A description of the services to be provided to the student athlete; (5) The duration of the contract; (6) The date of execution; and (7) The requirements for contracts with student athletes as specified in section 23-16104. (c) An agency contract must contain, in close proximity to the signature of the student athlete, a conspicuous notice in boldface type in capital letters stating: Colorado Revised Statutes 2019 Page 287 of 673 Uncertified Printout WARNING TO STUDENT ATHLETE IF YOU SIGN THIS CONTRACT: (1) YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS A STUDENT ATHLETE IN YOUR SPORT; (2) IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN 72 HOURS AFTER ENTERING INTO THIS CONTRACT, BOTH YOU AND YOUR ATHLETE AGENT MUST NOTIFY YOUR ATHLETIC DIRECTOR; AND (3) YOU MAY CANCEL THIS CONTRACT WITHIN 14 DAYS AFTER SIGNING IT. CANCELLATION OF THIS CONTRACT MAY NOT REINSTATE YOUR ELIGIBILITY. (d) An agency contract that does not conform to this section is voidable by the student athlete. If a student athlete voids an agency contract, the student athlete is not required to pay any consideration under the contract or to return any consideration received from the athlete agent to induce the student athlete to enter into the contract. (e) The athlete agent shall give a record of the signed or otherwise authenticated agency contract to the student athlete at the time of execution. Source: L. 2008: Entire part added, p. 1010, § 1, effective July 1. L. 2010: (b)(2) amended, (HB 10-1128), ch. 172, p. 623, § 23, effective April 29. 23-16-210. Notice to educational institution. (a) Within seventy-two hours after entering into an agency contract or before the next scheduled athletic event in which the student athlete may participate, whichever occurs first, the athlete agent shall give notice in a record of the existence of the contract to the athletic director of the educational institution at which the student athlete is enrolled or the athlete agent has reasonable grounds to believe the student athlete intends to enroll. (b) Within seventy-two hours after entering into an agency contract or before the next athletic event in which the student athlete may participate, whichever occurs first, the student athlete shall inform the athletic director of the educational institution at which the student athlete is enrolled that he or she has entered into an agency contract. Source: L. 2008: Entire part added, p. 1012, § 1, effective July 1. 23-16-211. Student athlete's right to cancel. (a) A student athlete may cancel an agency contract by giving notice of the cancellation to the athlete agent in a record within fourteen days after the contract is signed. (b) A student athlete may not waive the right to cancel an agency contract. (c) If a student athlete cancels an agency contract, the student athlete is not required to pay any consideration under the contract or to return any consideration received from the athlete agent to induce the student athlete to enter into the contract. Source: L. 2008: Entire part added, p. 1012, § 1, effective July 1. Colorado Revised Statutes 2019 Page 288 of 673 Uncertified Printout 23-16-212. Required records. (a) An athlete agent shall retain the following records for a period of five years: (1) The name and address of each individual represented by the athlete agent; (2) Any agency contract entered into by the athlete agent; and (3) Any direct costs incurred by the athlete agent in the recruitment or solicitation of a student athlete to enter into an agency contract. (b) Repealed. Source: L. 2008: Entire part added, p. 1012, § 1, effective July 1. L. 2010: (b) repealed, (HB 10-1128), ch. 172, p. 623, § 24, effective April 29. 23-16-213. Prohibited conduct. (a) An athlete agent, with the intent to induce a student athlete to enter into an agency contract, may not: (1) Give any materially false or misleading information or make a materially false promise or representation; (2) Furnish anything of value to a student athlete before the student athlete enters into the agency contract; or (3) Furnish anything of value to any individual other than the student athlete or another athlete agent. (b) An athlete agent may not intentionally: (1) (Deleted by amendment, L. 2010, (HB 10-1128), ch. 172, p. 623, § 25, effective April 29, 2010.) (2) Refuse or fail to retain or permit inspection of the records required to be retained by section 23-16-212; (3) and (4) (Deleted by amendment, L. 2010, (HB 10-1128), ch. 172, p. 623, § 25, effective April 29, 2010.) (5) Predate or postdate an agency contract; or (6) Fail to notify a student athlete before the student athlete signs or otherwise authenticates an agency contract for a particular sport that the signing or authentication may make the student athlete ineligible to participate as a student athlete in that sport. Source: L. 2008: Entire part added, p. 1012, § 1, effective July 1. L. 2010: (a)(3), (b)(1), (b)(3), and (b)(4) amended, (HB 10-1128), ch. 172, p. 623, § 25, effective April 29. 23-16-214. Criminal penalties. An athlete agent who violates section 23-16-213 is guilty of a class 2 misdemeanor, as provided in section 18-1.3-501, C.R.S., for a first offense and is guilty of a class 6 felony, as provided in section 18-1.3-401, C.R.S., for a second or subsequent offense. Source: L. 2008: Entire part added, p. 1013, § 1, effective July 1. 23-16-215. Civil remedies - temporary restraining orders - injunctions. (a) An educational institution has a right of action against an athlete agent or a former student athlete for damages caused by a violation of this part 2. In an action under this section, the court may award to the prevailing party costs and reasonable attorney fees. Colorado Revised Statutes 2019 Page 289 of 673 Uncertified Printout (b) Damages of an educational institution under subsection (a) of this section include losses and expenses incurred because, as a result of the conduct of an athlete agent or former student athlete, the educational institution was injured by a violation of this part 2 or was penalized, disqualified, or suspended from participation in athletics by a national association for the promotion and regulation of athletics, by an athletic conference, or by reasonable selfimposed disciplinary action taken to mitigate sanctions likely to be imposed by such an organization. (c) A right of action under this section does not accrue until the educational institution discovers or by the exercise of reasonable diligence would have discovered the violation by the athlete agent or former student athlete. (d) Any liability of the athlete agent or the former student athlete under this section is several and not joint. (e) This part 2 does not restrict rights, remedies, or defenses of any person under law or equity. (f) The attorney general or the district attorney of the judicial district in which the educational institution is located, on receipt of a complaint or on his or her initiative, may investigate any alleged violation of this part 2. Following an investigation, if the attorney general or district attorney has reasonable cause to believe that any individual has violated or is violating any provision of this part 2, the attorney general or district attorney may bring an action to obtain a temporary restraining order, preliminary injunction, or permanent injunction to restrain or prevent the violation. If the attorney general or district attorney shows, by a preponderance of the evidence, that an individual has violated or is violating any provision of this part 2, the court may issue a temporary restraining order, preliminary injunction, or permanent injunction to restrain or prevent the violation. No action may be brought by the attorney general or the district attorney under this section more than four years after the occurrence of the violation. Source: L. 2008: Entire part added, p. 1013, § 1, effective July 1. 23-16-216. Civil penalty. On motion of the attorney general or the district attorney, the court may impose a civil penalty of not more than twenty-five thousand dollars for a violation of this part 2. Moneys collected under this section shall be transmitted to the state treasurer and credited to the general fund. Source: L. 2008: Entire part added, p. 1014, § 1, effective July 1. 23-16-217. Uniformity of application and construction. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Source: L. 2008: Entire part added, p. 1014, § 1, effective July 1. 23-16-218. Electronic signatures in global and national commerce act. The provisions of this part 2 governing the legal effect, validity, or enforceability of electronic records or signatures, and of contracts formed or performed with the use of such records or signatures, conform to the requirements of section 102 of the "Electronic Signatures in Global Colorado Revised Statutes 2019 Page 290 of 673 Uncertified Printout and National Commerce Act", Pub.L. 106-229, 114 Stat. 464 (2000), and supersede, modify, and limit the "Electronic Signatures in Global and National Commerce Act". Source: L. 2008: Entire part added, p. 1014, § 1, effective July 1. 23-16-219. Severability. If any provision of this part 2 or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this part 2 that can be given effect without the invalid provision or application, and to this end, the provisions of this part 2 are severable. Source: L. 2008: Entire part added, p. 1014, § 1, effective July 1. 23-16-220. Rules. (Repealed) Source: L. 2008: Entire part added, p. 1014, § 1, effective July 1. L. 2010: Entire section repealed, (HB 10-1128), ch. 172, p. 624, § 26, effective April 29. 23-16-221. Repeal of part. (Repealed) Source: L. 2008: Entire part added, p. 1014, § 1, effective July 1. L. 2010: Entire section repealed, (HB 10-1128), ch. 172, p. 624, § 27, effective April 29. ARTICLE 17 Colorado High Technology Scholarship Program 23-17-101 to 23-17-106. (Repealed) Source: L. 2010: Entire article repealed, (HB 10-1256), ch. 133, p. 440, § 1, effective August 11. Editor's note: This article was added in 2000. For amendments to this article prior to its repeal in 2010, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. ARTICLE 18 College Opportunity Fund and Higher Education Funding Cross references: For the legislative declaration contained in the 2004 act enacting this article, see section 1 of chapter 215, Session Laws of Colorado 2004. Colorado Revised Statutes 2019 Page 291 of 673 Uncertified Printout PART 1 GENERAL PROVISIONS 23-18-101. Short title. Parts 1 and 2 of this article shall be known and may be cited as the "College Opportunity Fund Act". Source: L. 2004: Entire article added, p. 703, § 2, effective July 1. L. 2014: Entire section amended, (HB 14-1319), ch. 169, p. 614, § 11, effective May 9. 23-18-102. Definitions. As used in parts 1 and 2 of this article 18, unless the context otherwise requires: (1) "College opportunity fund" or "fund" means the college opportunity fund created in section 23-18-202. (2) "College opportunity fund program" or "program" means the college opportunity fund program created in the department of higher education pursuant to section 23-18-201 (1). (3) "Commission" means the Colorado commission on higher education established pursuant to section 23-1-102. (4) "Department" means the Colorado department of higher education established pursuant to section 24-1-114, C.R.S. (5) (a) "Eligible undergraduate student" means: (I) A student who is enrolled at a state institution of higher education and who is classified as an in-state student for tuition purposes; (I.5) A student who is enrolled at a state institution of higher education as part of a pathways in technology early college high school that is approved as provided in article 35.3 of title 22, C.R.S., and who is classified as an in-state student for tuition purposes; or (II) A student who is enrolled at a participating private institution of higher education and who: (A) Is classified as an in-state student for tuition purposes; (B) Is a graduate of a Colorado high school or has successfully completed a nonpublic home-based educational program as provided in section 22-33-104.5, C.R.S.; (C) Demonstrates financial need through the student's eligibility for the federal Pell grant, or its successor program; (C.5) Is not pursuing a professional degree in theology; and (D) Meets any other eligibility requirements established by the commission. (b) (Deleted by amendment, L. 2005, p. 1011, § 1, effective June 2, 2005.) (c) Notwithstanding the provisions of paragraph (a) of this subsection (5), a student shall not be considered an "eligible undergraduate student" during the first year the student attends a Colorado institution of higher education if the student receives status as an in-state student for tuition purposes pursuant to section 23-7-111. (6) "Governing board" means the governing body of a state institution of higher education. (7) "Institution of higher education" means a participating private institution of higher education or a state institution of higher education. Colorado Revised Statutes 2019 Page 292 of 673 Uncertified Printout (8) "Participating private institution of higher education" means a private institution of higher education that enters into a performance contract with the department pursuant to section 23-18-201 (2) and agrees to participate in the program. (9) "Private institution of higher education" means a not-for-profit college or university that maintains its primary place of business in the state of Colorado, that offers general baccalaureate degrees in arts and sciences, and that is institutionally accredited on the basis of an on-site review in Colorado by one of the six nationally recognized regional accrediting associations or by an accrediting agency determined by the commission to be appropriate to its educational purposes and programs. (9.5) "Professional degree in theology" means a certificate signifying a person's graduation from a degree program that is: (a) Devotional in nature or designed to induce religious faith; and (b) Offered by an institution as preparation for a career in the clergy. (10) (a) "State institution of higher education" means a public postsecondary institution that is governed by: (I) The board of governors of the Colorado state university system; (II) The board of regents of the university of Colorado; (III) The board of trustees of the Colorado school of mines; (IV) The board of trustees of the university of northern Colorado; (V) The board of trustees of Adams state university; (VI) The board of trustees of Western Colorado university; (VII) The board of trustees of Colorado Mesa university; (VIII) The board of trustees for Fort Lewis college; (IX) The board of trustees for Metropolitan state university of Denver; or (X) The state board for community colleges and occupational education. (b) "State institution of higher education" does not include a local district college that is part of a local college district organized pursuant to article 71 of this title, which districts shall continue to be eligible for direct grant funding from the general assembly pursuant to section 2371-301. (11) "Stipend" means the amount of money per credit hour specified pursuant to section 23-18-202 (2)(b) held in trust for and paid on behalf of an eligible undergraduate student pursuant to section 23-18-202 (5). "Stipend" shall also include payment on behalf of an eligible undergraduate student for a part of a credit hour. (12) "Student's share of in-state tuition" means, except as provided in section 23-18-303 (8), the amount of total in-state tuition, less any amount paid on behalf of the student as a stipend. (13) "Total in-state tuition" means the total amount of tuition that is paid to a state institution of higher education by or on behalf of a student who is eligible to pay in-state tuition, including but not limited to the amount of the stipend paid on behalf of the student. Source: L. 2004: Entire article added, p. 703, § 2, effective July 1. L. 2005: (5)(b) and (11) amended, p. 1011, § 1, effective June 2. L. 2009: (5)(a)(II)(C) and (9) amended and (5)(a)(II)(C.5) and (9.5) added, (HB 09-1267), ch. 348, p. 1825, §§ 8, 9, effective June 1; (5)(c) added, (HB 09-1063), ch. 228, p. 1040, § 3, effective August 5. L. 2011: (10)(a)(VII) amended, (SB 11-265), ch. 292, p. 1368, § 24, effective August 10. L. 2012: (10)(a)(V) amended, (HB 12Colorado Revised Statutes 2019 Page 293 of 673 Uncertified Printout 1080), ch. 189, p. 760, § 19, effective May 19; (10)(a)(IX) amended, (SB 12-148), ch. 125, p. 427, § 15, effective July 1; (10)(a)(VI) amended, (HB 12-1331), ch. 254, p. 1271, § 18, effective August 1. L. 2014: IP and (12) amended, (HB 14-1319), ch. 169, pp. 614, 611, §§ 12, 5, effective May 9. L. 2015: (5)(a)(I) amended and (5)(a)(I.5) added, (HB 15-1270), ch. 195, p. 658, § 5, effective August 5. L. 2017: IP and (8) amended, (SB 17-297), ch. 210, p. 819, § 12, effective May 18. L. 2019: (10)(a)(VI) amended, (HB 19-1178), ch. 400, p. 3547, § 18, effective July 1. Cross references: For the legislative declaration contained in the 2009 act amending subsections (5)(a)(II)(C) and (9) and adding subsections (5)(a)(II)(C.5) and (9.5), see section 1 of chapter 348, Session Laws of Colorado 2009. For the legislative declaration contained in the 2009 act adding subsection (5)(c), see section 1 of chapter 228, Session Laws of Colorado 2009. For the legislative declaration in the 2011 act amending subsection (10)(a)(VII), see section 1 of chapter 292, Session Laws of Colorado 2011. For the legislative declaration in the 2012 act amending subsection (10)(a)(IX), see section 1 of chapter 125, Session Laws of Colorado 2012. PART 2 COLLEGE OPPORTUNITY FUND PROGRAM 23-18-201. College opportunity fund program - creation - eligibility - guidelines. (1) There is created in the department of higher education the college opportunity fund program, which is administered by the Colorado student loan program. On and after July 1, 2015, the Colorado student loan program may enter into an agreement with the department or another state entity to administer all or part of the college opportunity fund program. The college opportunity fund, created in section 23-18-202, is a trust fund for the benefit of eligible undergraduate students. It consists of a stipend for each undergraduate student in Colorado who applies for the stipend and who is admitted and registers to attend a state or participating private institution of higher education and is determined to be eligible by the Colorado student loan program to receive a stipend. An eligible undergraduate student may use the stipend for undergraduate courses and graduate-level courses that apply toward the student's undergraduate degree that are taken at a state or participating private institution of higher education at a fixed rate per credit hour, set annually by the general assembly. (2) A student of a private institution of higher education shall be a beneficiary of the college opportunity fund and eligible to participate in the college opportunity fund program only if the private institution of higher education that the student attends has agreed to participate in the program by establishing a performance contract with the department. The performance contract shall specify the performance goals the institution shall achieve during the period that it operates under the performance contract. The department shall include each participating private institution of higher education and its students who participate in the college opportunity fund program in the student unit reporting data system, in order to enable the students of the participating private institution of higher education to participate in the program. The participating private institution of higher education shall reimburse the department for the actual expenses associated with including the institution in the student unit reporting data system. Colorado Revised Statutes 2019 Page 294 of 673 Uncertified Printout (3) The Colorado student loan program, in consultation with the governing boards, shall adopt the necessary policies for the implementation of this part 2, which at a minimum shall include procedures for requesting funds for the program which adhere to commission budget guidelines and the annual budgeting cycle of the executive and legislative branches. (4) The Colorado student loan program shall direct all state and participating private institutions of higher education to require resident undergraduate students to apply for the program. If a student is classified as an in-state student for tuition purposes at a state institution of higher education and does not apply for the program or is not eligible for the program, the student shall be responsible for paying the student's total in-state tuition amount. Source: L. 2004: Entire article added, p. 706, § 2, effective July 1. L. 2005: (1) amended, p. 1011, § 2, effective June 2. L. 2017: (1) amended, (HB 17-1131), ch. 29, p. 84, § 1, effective March 8; (2) amended, (SB 17-297), ch. 210, p. 819, § 13, May 18. 23-18-202. College opportunity fund - appropriations - payment of stipends reimbursement - report. (1) (a) Beginning with the state fiscal year commencing July 1, 2005, and for each state fiscal year thereafter, the general assembly shall make an annual appropriation, in trust for eligible undergraduate students, to the college opportunity fund, which is hereby established as a trust fund account with the Colorado student loan program. Except as provided in paragraph (c) of this subsection (1), moneys appropriated to the college opportunity fund are for the sole purpose of disbursement on behalf of eligible undergraduate students in accordance with this part 2 and are not for the general operation or any other function of the Colorado student loan program. Any unexpended and unencumbered moneys remaining in the college opportunity fund at the end of a fiscal year are the property of the trust fund and shall remain in the fund and shall not be credited or transferred to the general fund or any other fund. (b) (I) The Colorado student loan program shall administer and disburse the funds in the college opportunity fund on behalf of eligible undergraduate students as provided in this part 2. Each institution of higher education may be required to pay an implementation fee and an ongoing disbursement fee, the amounts of which shall be determined by the Colorado student loan program but shall not exceed the actual cost of the implementation and ongoing disbursement; except that the fees may be required only if the department or the federal government takes action, including adopting rules, regulatory changes, or programmatic changes, that negatively affects the financial condition of the Colorado student loan program. (II) Repealed. (c) If there are moneys remaining in the college opportunity fund or if there are insufficient moneys in the college opportunity fund after the final census date of the last academic term of each state fiscal year, as determined in accordance with this section, the department may transfer up to ten percent of the annual total governing board appropriation for the institution between the cash spending authority for the governing board to expend stipends received on behalf of eligible undergraduate students and a fee-for-service contract for the governing board entered into pursuant to sections 23-1-109.7, 23-18-303, and 23-18-304 (1). (2) (a) (I) For the state fiscal year commencing July 1, 2005, and for each state fiscal year thereafter, the commission, in consultation with the governing boards and participating private institutions, shall annually estimate the number of undergraduate full-time equivalent students who are eligible for stipends under this part 2 at each state institution of higher Colorado Revised Statutes 2019 Page 295 of 673 Uncertified Printout education and each participating private institution of higher education. The commission shall annually report the numbers by February 15 to the governor and to the joint budget committee of the general assembly for inclusion in the annual general appropriations act. (II) The general assembly reviewed the reporting requirements to the general assembly in subparagraph (I) of this paragraph (a) during the 2008 regular session and continued the requirements. (b) (I) For the state fiscal year commencing July 1, 2005, and for state fiscal years thereafter, for an eligible undergraduate student attending a state institution of higher education, the specified amount of the stipend per credit hour is an amount set annually by the general assembly, which in no case shall exceed the student's total in-state tuition. The value of the per credit hour stipend is the same for each eligible undergraduate student, regardless of the state institution of higher education that the student attends. The student is responsible for paying the student's share of total in-state tuition, if any. (II) If the student is enrolled in a pathways in technology early college high school pursuant to article 35.3 of title 22, the p-tech school is responsible for paying the student's share of total in-state tuition, if any. (III) If the student is enrolled in a grow your own educator program pursuant to section 22-60.5-208.5, and the school district or charter school receives a grant pursuant to section 2260.5-208.5 (6), the school district or charter school that employs the student as a teacher of record as described in section 22-60.5-201 (1)(a.5) during the teaching portion of the grow your own educator program is responsible for paying the student's share of total in-state tuition, not to exceed thirty-six credit hours, less any amount received in federal and state financial aid. (c) Notwithstanding section 24-1-136 (11)(a)(I), the commission shall forward to the general assembly and governor, by November 1 of each year, a list of institutions eligible to receive stipends on behalf of eligible undergraduate students under the program. The commission shall annually request that the general assembly adjust the amount appropriated to the Colorado student loan program for the stipends, which amount may reflect inflation and enrollment growth in the state institutions of higher education. (d) Beginning with the state fiscal year commencing July 1, 2006, the commission, in consultation with the governing boards and any participating private institutions of higher education, shall review annually the amount of the stipend per credit hour established pursuant to subsection (2)(b) of this section. Following the review, and notwithstanding section 24-1-136 (11)(a)(I), the commission, in consultation with the governing boards and participating private institutions, shall annually make recommendations regarding possible adjustments to the amount of the stipend per credit hour to the governor, and the joint budget committee of the general assembly for consideration in preparing the annual general appropriations act. (e) An eligible undergraduate student who attends a participating private institution of higher education may receive financial assistance under this part 2 in the amount of fifty percent of the stipend amount. (3) (a) For the state fiscal year commencing July 1, 2005, and for each state fiscal year thereafter, the general assembly shall appropriate spending authority to each governing board for the funds estimated to be received by an institution, under the direction and control of the governing board, as stipends, consistent with the provisions of section 23-1-104. The spending authority for the stipends estimated to be received shall be calculated by multiplying the amount of the applicable per-credit-hour stipend by the number of eligible student credit hours that are Colorado Revised Statutes 2019 Page 296 of 673 Uncertified Printout estimated to be attributable to each state institution of higher education under the direction and control of the governing board. (b) (I) The tuition increases from which the general assembly derived the total cash spending authority for each governing board shall be noted in a footnote in the annual general appropriations act. (II) Repealed. (c) Repealed. (4) (a) Regardless of when an institution receives moneys in the form of a stipend on behalf of a student, or if the stipend amount is reduced by the general assembly, a state institution of higher education shall not increase the student's share of in-state tuition to make up for an actual or effective reduction during the same fiscal year in the stipend amount from which the total in-state tuition amount was calculated or for issues relating to the timing of stipend payments. (b) If moneys in the college opportunity fund in any fiscal year are not sufficient to pay the rate per credit hour established pursuant to paragraph (b) of subsection (2) of this section, then the Colorado student loan program shall reduce the amount of the stipend per credit hour for all students to match the available funds, subject to joint budget committee approval. This paragraph (b) shall not be construed to limit the department's ability to request an adjustment to, or the general assembly's ability to adjust, the amount of the stipend during the budget process. (5) (a) (I) After an undergraduate student has applied for the program, been approved for the program, and enrolled in a state or participating private institution of higher education, the institution shall request that the Colorado student loan program make a stipend payment from the college opportunity fund to the institution on behalf of the eligible undergraduate student. A payment by the Colorado student loan program to an institution of higher education from the college opportunity fund shall not be subject to the assessment of a transaction fee pursuant to section 24-36-120, C.R.S. The stipend payment shall be paid to the institution upon receipt by the institution of the eligible undergraduate student's authorization. The amount of the stipend paid on behalf of an eligible undergraduate student shall be applied against the student's total instate tuition. (II) Notwithstanding any provision of subparagraph (I) of this paragraph (a) to the contrary, an institution, with a student's permission, may apply for the program on the student's behalf using the information in the student's admission application after the student has been enrolled in the institution. (b) The stipend paid by the Colorado student loan program on behalf of the eligible undergraduate student shall note on the student's receipt of payment from the state or private institution of higher education that the moneys came from the college opportunity fund. (c) (I) An eligible undergraduate student shall not receive a stipend from the college opportunity fund for more than one hundred forty-five credit hours during the eligible undergraduate student's lifetime; except that: (A) If an eligible undergraduate student has received stipend payments for one hundred forty-five credit hours and the student has received a bachelor's degree, the eligible undergraduate student is eligible to receive stipend payments for an additional thirty undergraduate credit hours; and (B) For credit hours initiated on or after July 1, 2006, an eligible undergraduate student may receive stipend payments for developmental education courses, as defined in section 23-1Colorado Revised Statutes 2019 Page 297 of 673 Uncertified Printout 113 (11)(b), and courses taken pursuant to the "Concurrent Enrollment Programs Act", article 35 of title 22. For a student who enrolls in a course at an institution of higher education pursuant to the "Concurrent Enrollment Programs Act", article 35 of title 22, the student loan division in the department shall record the student's uniquely identifying student number before submitting a stipend payment on behalf of the student. Stipend payments received for the developmental education courses specified in this subsection (5)(c)(I)(B) do not apply to the lifetime limitation of one hundred forty-five credit hours. (II) For an eligible undergraduate student who is enrolled as a continuing student at a state institution of higher education or a participating private institution of higher education as of July 1, 2005, the commission shall determine the number of credit hours for which the student may receive a stipend from the college opportunity fund, based on the number of credit hours the eligible undergraduate student has earned. (III) For an eligible undergraduate student who has completed one or more college courses while enrolled in high school pursuant to the "Concurrent Enrollment Programs Act", article 35 of title 22, or while designated by the department of education as an ASCENT program participant pursuant to section 22-35-108, or while enrolled in a pathways in technology early college high school pursuant to article 35.3 of title 22, all college-level credit hours earned by the student while so enrolled count against the lifetime limitation described in subsection (5)(c)(I) of this section; except that credit hours earned from enrollment in a developmental education course, as defined in section 23-1-113 (11)(b), do not count against the lifetime limitation. (d) (I) An eligible undergraduate student and an institution of higher education shall not receive the payment of a stipend on behalf of an eligible undergraduate student for: (A) to (C) Repealed. (D) International baccalaureate courses; (E) Advanced placement courses; (F) Off-campus, extended campus, or continuing education classes that are not supported by state general fund money, except as approved by the commission, and, on or after July 1, 2007, except for classes or programs offered by an institution of higher education that an eligible undergraduate student who is a member of the armed forces or a dependent of a member of the armed forces attends for credit on a military base; or (G) Classes offered by an institution of higher education that was established after July 1, 2007. (II) and (III) Repealed. (e) Notwithstanding the lifetime-credit-hour limitation established pursuant to paragraph (c) of this subsection (5), an eligible undergraduate student may apply to the commission for a waiver of the limitation. The commission may grant a waiver of the lifetime-credit-hour limitation if it finds: (I) That extenuating circumstances exist related to the student's health or physical ability to complete the degree program within the lifetime-credit-hour limit; (II) That the degree program, as approved by the commission, requires more than one hundred twenty hours to complete; (III) That, while the eligible undergraduate student was enrolled in a specific degree program, the commission approved and the institution implemented an alteration of degree requirements or standards for the specific degree; or Colorado Revised Statutes 2019 Page 298 of 673 Uncertified Printout (IV) That requiring the eligible undergraduate student to pay the full amount of total instate tuition for credit hours that exceed the limitation would cause a substantial economic hardship on the student and the student's family. (f) Notwithstanding the lifetime-credit-hour limitation established pursuant to paragraph (c) of this subsection (5) and in addition to the provisions of paragraph (e) of this subsection (5), a state institution of higher education may annually grant a one-year waiver of the lifetimecredit-hour limitation for up to five percent of the eligible undergraduate students enrolled in the state institution of higher education. In granting the waivers under this paragraph (f), the state institution of higher education shall, upon request, grant a waiver to an eligible undergraduate student for courses taken pursuant to the "Concurrent Enrollment Programs Act", article 35 of title 22, C.R.S., or for courses taken while enrolled in a pathways in technology early college high school pursuant to article 35.3 of title 22, C.R.S. For any remaining portion of the institution's five percent of eligible undergraduate students who may receive waivers, the institution shall give priority to students who are seeking job retraining. (6) If an eligible undergraduate student enrolls in a class for which the state or participating private institution of higher education receives a stipend payment pursuant to subsection (5) of this section and the eligible undergraduate student subsequently withdraws from the class on or prior to the final date on which the institution permits a student to withdraw without the payment of any amount of tuition, the institution shall reimburse the college opportunity fund for the proportional amount of the stipend received that conforms to the governing board's refund policy for the class from which the student withdrew. The credits for which the stipend is refunded shall not count against the eligible undergraduate student's lifetime-credit-hour limitation established pursuant to paragraph (c) of subsection (5) of this section. (7) It is the intent of the general assembly that the amount of a stipend received by a state institution of higher education on behalf of an eligible undergraduate student pursuant to this part 2 shall not constitute a grant from the state of Colorado pursuant to section 20 (2)(d) of article X of the state constitution. (8) It is the intent of the general assembly that nothing in this article preclude the general assembly at a future time from including a local district college that is part of a local college district organized pursuant to article 71 of this title in the college opportunity fund program. (9) It is the intent of the general assembly that the college opportunity fund and fee-forservice contracts authorized pursuant to section 23-18-303 be fully funded for enrollment growth. Source: L. 2004: Entire article added, p. 706, § 2, effective July 1. L. 2005: (2)(a), (4), (5)(c), (5)(d), and (5)(f) amended and (9) added, p. 1012, § 3, effective June 2; (1)(b) amended, p. 1017, § 11, effective July 1, 2006. L. 2006: (1)(a) amended and (1)(c) added, p. 1280, § 1, effective May 26; (5)(d)(I)(F) amended and (5)(d)(III) added, p. 1778, § 2, effective June 6. L. 2008: (3)(a) amended, p. 274, § 2, effective March 31; (1)(b)(I) amended, p. 208, § 9, effective August 5; (2)(a) amended, p. 1268, § 3, effective August 5. L. 2009: (5)(d)(I)(E) and (5)(d)(I)(F) amended and (5)(d)(I)(G) added, (SB 09-086), ch. 14, p. 83, § 2, effective March 18; (5)(c)(I)(B) and (5)(f) amended and (5)(c)(III) added, (HB 09-1319), ch. 286, p. 1321, § 11, effective May 21. L. 2010: (5)(a) amended, (SB 10-064), ch. 288, p. 1342, § 2, effective May 26; (3)(b) and (3)(c) amended, (SB 10-003), ch. 391, p. 1842, § 7, effective June 9. L. 2012: (5)(c)(I)(B) and Colorado Revised Statutes 2019 Page 299 of 673 Uncertified Printout (5)(c)(III) amended, (HB 12-1155), ch. 255, p. 1279, § 4, effective August 8. L. 2014: (1)(c) amended, (HB 14-1345), ch. 168, p. 596, § 1, effective May 9; (1)(c), (2)(c), and (9) amended, (HB 14-1319), ch. 169, p. 611, § 4, effective May 9. L. 2015: (2)(b), (5)(c)(III), and (5)(f) amended, (HB 15-1270), ch. 195, p. 658, § 6, effective August 5. L. 2016: (1)(c) amended, (HB 16-1350), ch. 133, p. 385, § 1, effective April 22. L. 2017: (2)(e) and (5)(d)(I)(F) amended, (SB 17-297), ch. 210, p. 820, § 14, effective May 18; (2)(c) and (2)(d) amended, (HB 17-1251), ch. 253, p. 1060, § 9, effective August 9. L. 2018: (2)(b) amended, (HB 18-1309), ch. 269, p. 1661, § 5, effective August 8. L. 2019: (5)(c)(I)(B) and (5)(c)(III) amended, (HB 19-1206), ch. 133, p. 604, § 16, effective April 25. Editor's note: (1) Subsections (5)(d)(I)(A), (5)(d)(I)(B), (5)(d)(I)(C), and (5)(d)(II)(B) provided for the repeal of subsections (5)(d)(I)(A), (5)(d)(I)(B), (5)(d)(I)(C), and (5)(d)(II), respectively, effective July 1, 2006. (See L. 2005, p. 1012.) (2) Subsection (1)(b)(II)(B) provided for the repeal of subsection (1)(b)(II), effective July 1, 2007. (See L. 2005, p. 1017.) Subsection (5)(d)(III)(B) provided for the repeal of subsection (5)(d)(III), effective July 1, 2007. (See L. 2006, p. 1778.) (3) Subsection (1)(c) was amended in HB 14-1345, effective May 9, 2014. However, those amendments were superseded by the amendment to subsection (1)(c) by HB 14-1319, effective May 9, 2014. (4) Subsections (3)(b)(II) and (3)(c)(II) provided for the repeal of subsections (3)(b)(II) and (3)(c), respectively, effective July 1, 2016. (See L. 2010, p. 1842.) Cross references: For the legislative declaration in the 2010 act amending subsection (5)(a), see section 1 of chapter 288, Session Laws of Colorado 2010. For the legislative declaration in the 2010 act amending subsections (3)(b) and (3)(c), see section 1 of chapter 391, Session Laws of Colorado 2010. For the legislative declaration in HB 19-1206, see section 1 of chapter 133, Session Laws of Colorado 2019. 23-18-203. College opportunity fund - data retention. (1) The commission, in cooperation with the state and participating private institutions of higher education, shall maintain a record of the number of credit hours for which each eligible undergraduate student receives a stipend from the college opportunity fund. The commission shall also maintain any confidential information concerning eligible undergraduate students participating in the program. (2) The commission, in consultation with the governing boards, shall determine by policy when to forward to each state and participating private institution of higher education a report on the number of credit hours accumulated by each eligible undergraduate student against the lifetime-credit-hour limitation established pursuant to section 23-18-202 (5)(c). Each institution shall make the information on the number of credit hours accumulated against the limitations available to the student upon request. Source: L. 2004: Entire article added, p. 711, § 2, effective July 1. 23-18-204. College opportunity fund - advertisement - disclosure. If an institution of higher education advertises, in the form of direct mail, print, radio, television, or via the internet, a student's ability to receive a stipend from the college opportunity fund, the institution of higher Colorado Revised Statutes 2019 Page 300 of 673 Uncertified Printout education shall include in the advertisement the total cost of attending the institution, including a student's total tuition cost plus applicable fees. Source: L. 2004: Entire article added, p. 711, § 2, effective July 1. 23-18-205. College opportunity fund - information - notification. (1) It is the intent of the general assembly that the department and the commission inform students beginning in the eighth grade of the state's financial commitment to students to assist them in continuing their education by attending college and of the additional financial resources that may be available to the students in order to further their education. (2) (a) The commission shall work with the department of education to notify annually eighth-grade students of the state's contribution to the college opportunity fund on behalf of resident students and the manner in which the students may receive additional information regarding financial resources for higher education including but not limited to the amount of the stipend and a student's ability to use specific websites to explore financial and academic options for preparing to enter college. (b) The Colorado student loan program shall include information regarding the college opportunity fund on an internet website to assist students in planning financially and academically to attend an institution of higher education in Colorado including but not limited to the current value of the stipend. (3) On and after July 1, 2005, if the department and the commission advertise and publicize a specific stipend dollar amount, the dollar amount may not exceed the amount most recently set by the joint budget committee or adopted by the general assembly, and the advertisement or publication materials shall note that the stipend amount is subject to change by the general assembly. Source: L. 2004: Entire article added, p. 711, § 2, effective July 1. L. 2005: (3) added, p. 1018, § 14, effective June 2. 23-18-206. College opportunity fund - directive. The Colorado student loan program and the state treasurer, in consultation with the governing boards, shall cooperatively establish a disbursement schedule for stipends awarded pursuant to this part 2. Source: L. 2004: Entire article added, p. 711, § 2, effective July 1. 23-18-207. College opportunity fund - legislative declaration - commission report. (1) The general assembly finds that: (a) No other state has tried to change the funding of institutions of higher education from the institution to the student as provided for in this part 2; (b) Because this part 2 creates a new and untried program, it is anticipated that during the early years of its implementation, there may be some unanticipated effects requiring additional statutory changes. (2) (a) Beginning July 1, 2006, and continuing through July 1, 2009, the commission shall submit to the education committees of the senate and house of representatives and to the joint budget committee of the general assembly annual reports on the status of the program Colorado Revised Statutes 2019 Page 301 of 673 Uncertified Printout established pursuant to this part 2. The annual reports may include, but are not limited to, recommended statutory changes. (b) On or before July 1, 2010, the commission shall submit a final report to the education committees of the senate and house of representatives and to the joint budget committee of the general assembly on the implementation of the program established pursuant to this part 2. Source: L. 2004: Entire article added, p. 712, § 2, effective July 1. 23-18-208. Advance - cash-flow management. Notwithstanding any provision of section 24-75-203 (1), C.R.S., to the contrary, the Colorado student loan program may authorize and, upon such authorization, the state treasurer shall make an advance without interest from the college opportunity fund to a governing board to assist the governing board in managing its cash flow. An advance made pursuant to this section shall be repaid within the same state fiscal year in which the advance is made. Source: L. 2005: Entire section added, p. 1014, § 4, effective June 2. PART 3 HIGHER EDUCATION FUNDING 23-18-301. Legislative declaration. (1) The general assembly finds and declares that: (a) Higher education is an economic engine for Colorado, helps to create an informed citizenry, and contributes significantly to Colorado's superior quality of life; (b) In order to ensure the state's ongoing social, cultural, and economic vibrancy, funding for higher education should be based on the needs of the state, the people of Colorado, and the students; (c) Colorado currently ranks third in the United States in the percentage of its citizens between the ages of twenty-five and sixty-four with a college degree, largely due to the migration of college-educated adults from other states and countries; (d) In order to ensure that Colorado students have access to a postsecondary education that will allow them to compete for jobs in Colorado's increasingly high-tech economy and the global economy, it is essential that Colorado make wise use of its investment in higher education to increase the number of Coloradans who have earned a high-quality postsecondary credential; (e) It is important that the state of Colorado ensures that all Coloradans have access to affordable higher education, regardless of income, race, gender, age, or academic preparation, and that higher education services are available in all geographic areas of the state, including rural areas, historically underserved areas, and areas with low educational attainment; (f) In particular, it is critical that the rate of postsecondary participation by low-income Coloradans and minorities, who are currently under-represented, be increased at Colorado's institutions of higher education; and (g) Colorado's limited state resources must be used in a way that provides incentives for state institutions of higher education to achieve the policy goals adopted by the general assembly and the Colorado commission on higher education. (2) The general assembly further finds and declares that: Colorado Revised Statutes 2019 Page 302 of 673 Uncertified Printout (a) In order for the general assembly to perform its duty to exercise oversight and ensure that tax dollars are being used to achieve stated policy goals, higher education must be funded in a manner that is transparent and understandable; (b) These goals can be accomplished by the general assembly establishing performance metrics that are consistent and predictable but that may be amended, as appropriate, to reflect the changing goals of the state and of institutions; (c) With a consistent and predictable funding model for higher education, state institutions of higher education will be able to engage in long-term financial planning that will benefit students through more predictable tuition and fees; and (d) If higher education is funded in a manner that is transparent and understandable, Coloradans, and especially Colorado taxpayers, will more easily understand the benefit realized from Colorado's investment in its higher education system. Source: L. 2014: Entire part added, (HB 14-1319), ch. 169, p. 598, § 1, effective May 9. 23-18-302. Definitions. As used in this part 3, unless the context otherwise requires: (1) "Applicable fiscal year" or "applicable state fiscal year" means the state fiscal year that commences July 1 after the conclusion of the regular legislative session. For example, during the 2015 regular legislative session, the "applicable fiscal year" means the 2015-16 fiscal year. (1.5) "Area technical college" has the same meaning as provided in section 23-60-103 (1). (2) "Commission" means the Colorado commission on higher education established pursuant to section 23-1-102. (3) "Community college" means a community and technical college described in section 23-60-205 that is governed by the state board for community colleges and occupational education or the board of trustees for Colorado Mesa university. (4) "Department" means the Colorado department of higher education established pursuant to section 24-1-114, C.R.S. (5) "Local district college" means a local district college operating pursuant to article 71 of this title. (6) "Master plan" means the master plan created pursuant to section 23-1-108. (7) "Pell-eligible student" means an undergraduate student who qualifies for the federal Pell grant or for a grant through a successor program. (7.5) "Preceding fiscal year" or "preceding state fiscal year" means the state fiscal year that ends immediately before the "applicable fiscal year". For example, during the 2015 regular legislative session, the "preceding fiscal year" means the 2014-15 fiscal year. (8) "State institution of higher education" or "institution" has the same meaning as defined in section 23-18-102 (10). (9) "Total governing board appropriation": (a) For the "applicable fiscal year" or "applicable state fiscal year", has the same meaning as the "total state appropriation" for the "applicable fiscal year", as defined in subsection (10)(a) of this section, as applied to a governing board. Colorado Revised Statutes 2019 Page 303 of 673 Uncertified Printout (b) For the "preceding fiscal year" or "preceding state fiscal year", has the same meaning as the "total state appropriation" for the "preceding fiscal year", as defined in subsection (10)(b) of this section, as applied to a governing board. (10) "Total state appropriation" means: (a) For the "preceding fiscal year" or "preceding state fiscal year", the sum of: (I) The total amount appropriated in the annual general appropriations act for the preceding fiscal year to the governing boards of the state institutions of higher education for feefor-service contracts determined pursuant to section 23-18-303 and the amount of the appropriation to the college opportunity fund established in section 23-18-202 for student stipends. This amount is the amount as enacted during the legislative session in which the act was initially adopted, unless otherwise specified in a supplemental appropriations act. (II) Appropriations pursuant to sections 23-18-202 and 23-18-303 that were included in acts other than the annual general appropriations act for the preceding fiscal year that were enacted during the same legislative session as the annual general appropriations act, unless the act otherwise specifies. (b) For the "applicable fiscal year" or "applicable state fiscal year", the total amount appropriated in the annual general appropriations act for the fiscal year to the governing boards of the state institutions of higher education for fee-for-service contracts determined pursuant to section 23-18-303 and the amount of the appropriation to the college opportunity fund established in section 23-18-202 for student stipends. This amount includes only the amounts enacted in the annual general appropriations act as initially enacted, unless a supplemental appropriations act or another act otherwise specifies. The total state appropriation for the applicable fiscal year excludes any out-year costs or savings from legislation adopted in previous years that the general assembly determines were not accounted for in the preceding fiscal year's appropriations. Source: L. 2014: Entire part added, (HB 14-1319), ch. 169, p. 599, § 1, effective May 9. L. 2015: (9) amended, (HB 15-1254), ch. 57, p. 136, § 1, effective March 30; (1), (9), and (10) amended and (1.5) and (7.5) added, (SB 15-237), ch. 129, p. 400, § 1, effective May 1. L. 2016: (1.5) amended, (HB 16-1082), ch. 58, p. 146, § 21, effective August 10. 23-18-303. Fee-for-service contracts - authorization - legislative declaration definitions. (1) For the 2015-16 state fiscal year and each fiscal year thereafter, the governing board of a state institution of higher education may annually negotiate a fee-for-service contract with the department for the delivery of higher education services by the institution for the benefit of the state and its residents. Specialty education programs, area technical colleges, and local district colleges are funded pursuant to the provisions of section 23-18-304. (2) Each fee-for-service contract must include institutional role and mission funding as described in subsection (3) of this section and institutional performance funding as described in subsection (4) of this section. It is the intent of the general assembly that the components of the fee-for-service contracts developed by the commission be fairly balanced between role and mission factors and performance metrics. (3) Role and missi