C.R.S. § 23-5-101 Colorado educational institutions - annual reports
23-5-101. Colorado educational institutions - annual reports. (Repealed)
General Provisions
C.R.S. tit. 23, art. 5
in effectC.R.S. § 23-5-101.5 Enterprise status of auxiliary facilities - definitions
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 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 state-supported institution of higher education as an eligible lender participant pursuant to parts 1 and 2 of article 3.1 of this title.
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 state-supported 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;
(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.
tion 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 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;
, 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:
(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.
etropolitan 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.
(7) Notwithstanding section 24-77-108, an auxiliary facility, or group of auxiliary facilities with similar functions, that is managed by the governing body of an institution of higher education or by the board of directors of the Auraria higher education center, that was designated as an enterprise as of January 1, 2021, and that subsequently disqualifies as an enterprise does not require voter approval in order to qualify and be redesignated as an enterprise.
C.R.S. § 23-5-101.7 Enterprise status of institutions of higher education
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
(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.
ecords, 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.
(6) Notwithstanding section 24-77-108, an institution of higher education, or a group of institutions of higher education that is managed by a single governing board, that was designated as an enterprise as of January 1, 2021, and that subsequently disqualifies as an enterprise does not require voter approval in order to qualify and be redesignated as an enterprise.
C.R.S. § 23-5-101.8 Enterprise status of institutions of higher education - loans - bonds
23-5-101.8. Enterprise status of institutions of higher education - loans - bonds. (Repealed)
C.R.S. § 23-5-101.9 Repeal
23-5-101.9. Repeal. (Repealed)
C.R.S. § 23-5-102 Funding for auxiliary facilities - institutions of higher education - loans - bonds
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 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.
C.R.S. § 23-5-103 Pledge of income
23-5-103. Pledge of income. (1) 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 a contract for the advancement of money is authorized, in connection with or as a part of the contract, to pledge the net income derived or to be derived from land or facilities constructed, acquired, and equipped as security for the repayment of the money advanced in the contract, together with interest, and for the establishment and maintenance of reserves in connection with the contract. 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 the net income, fees, and revenues have been pledged. 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 may pledge up to one hundred percent of tuition revenues of the 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 the contract. The pledge of tuition revenues or the imposition of a facility construction fee includes 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.
(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.
onal 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.
C.R.S. § 23-5-104 No property lien
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.
C.R.S. § 23-5-105 Tax exemption
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.
C.R.S. § 23-5-105.5 State board for community colleges and occupational education - authority to create financial obligations
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.
C.R.S. § 23-5-106 Authority of governing boards - general - health-care insurance - contracts of indemnity
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 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.
C.R.S. § 23-5-106.5 Authority of governing boards - student applications - criminal and disciplinary history inquiry - exceptions - definitions
23-5-106.5. Authority of governing boards - student applications - criminal and disciplinary history inquiry - exceptions - definitions. (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 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
ns 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;
(d) Any evidence of rehabilitation or good conduct produced by the student; and
(e) The benefit to the student of participating in campus life.
C.R.S. § 23-5-107 Authority of governing boards - parking
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.
C.R.S. § 23-5-108 Governing boards authorized to cede jurisdiction for enforcement of traffic laws
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.
(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.
C.R.S. § 23-5-109 Identification - suicide and crisis prevention - rules
23-5-109. Identification - suicide and crisis prevention - rules. (1) The governing board of any state institution of higher education is authorized to promulgate rules establishing a system of identification of students, faculty, and staff that 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 the person's identification card or otherwise give adequate identification upon request by an authorized official.
(2) Each student identification card issued after August 1, 2023, to a public or private postsecondary school student must include the phone number and text talk number for the statewide behavioral health crisis response system, commonly referred to as "Colorado crisis services", as described in section 27-60-104, and the national three-digit suicide and crisis lifeline number 988. The public or private postsecondary school may include information about other available crisis services and other services on the identification card, including local campus crisis and suicide prevention numbers. The public or private postsecondary school is not required to reprint or reissue identification cards in use before August 1, 2023. If, at any time, a private or public postsecondary school has current students still using identification cards without the information required by this section, the school shall distribute the phone number and text talk number for Colorado crisis services, as described in section 27-60-104, and the national three-digit suicide and crisis lifeline number 988 to all students at the beginning of each school semester or trimester until all students have identification cards with the required information. If a private or public postsecondary school does not issue or use student identification cards, the school shall distribute the phone number and text talk number for Colorado crisis services, as described in section 27-60-104, and the national three-digit suicide and crisis lifeline number 988 to all students at the beginning of each school semester or trimester.
C.R.S. § 23-5-110 Medical personnel
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.
C.R.S. § 23-5-111 Educational benefits for dependents of prisoners of war and military personnel missing in action - definitions
23-5-111. Educational benefits for dependents of prisoners of war and military personnel missing in action - definitions. (Repealed)
C.R.S. § 23-5-111.4 Tuition for members of the National Guard - definitions
23-5-111.4. Tuition for members of the National Guard - definitions. (Repealed)
C.R.S. § 23-5-111.5 Educational benefits for dependents of deceased or permanently disabled National Guardsman - definitions
23-5-111.5. Educational benefits for dependents of deceased or permanently disabled National Guardsman - definitions. (Repealed)
C.R.S. § 23-5-112 Gifts and bequests to institutions of higher education - venture development investment funds
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 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.
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.
(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.
C.R.S. § 23-5-113 Collection of loans and outstanding obligations - state educational institutions
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.
C.R.S. § 23-5-113.5 Prohibition on withholding transcripts and diplomas - postsecondary institution - remedy - definitions
23-5-113.5. Prohibition on withholding transcripts and diplomas - postsecondary institution - remedy - definitions. (1) As used in this section, unless the context otherwise requires:
(a) "Administrator" means an administrator of the "Uniform Consumer Credit Code" designated pursuant to section 5-6-103.
(b) "Debt" means any money, obligation, claim, or sum, due or owing, or alleged to be due or owing, from a current or former student, but does not include a fee charged to a current or former student for the actual cost of providing a transcript or diploma.
(c) "Financial aid funds" means financial aid funds that a current or former student owes to a postsecondary institution under Title IV, or to the state, due to miscalculation, withdrawal, misinformation, or any other reason, not including the standard repayment of student loans.
(d) "Postsecondary institution" means a public institution of higher education, as defined in section 23-4.5-102 (7); a private institution of higher education, as defined in section 23-18-102 (9); or a private occupational school, as defined in section 23-2-102 (13).
(e) "Room and board fees" means any money, obligation, claim, or sum, due or owing, or alleged to be due or owing, from a current or former student for the provision of contractually agreed upon on-campus housing or meal services plans.
(f) "Student loan ombudsperson" means the student loan ombudsperson designated in section 5-20-104.
(2) (a) A postsecondary institution may refuse to provide a transcript or diploma to a current or former student on the grounds that the student owes a debt for tuition, room and board fees, or financial aid funds.
(b) Notwithstanding subsection (2)(a) of this section, a postsecondary institution shall not refuse to provide a transcript or diploma to a current or former student:
(I) On the grounds that the student owes a debt other than a debt for tuition, room and board fees, or financial aid funds; or
(II) If the student can demonstrate that the transcript or diploma is needed for one of the following exemptions:
(A) A job application;
(B) Transferring to another postsecondary institution;
(C) Applying for state, federal, or institutional financial aid;
(D) Pursuit of opportunities in the military or National Guard; or
(E) Pursuit of other postsecondary opportunities.
(c) Subsection (2)(b)(II) of this section does not apply to a foreign student, as defined in section 23-1-113.5.
(3) If a postsecondary institution provides a current or former student a transcript or diploma pursuant to subsection (2)(b) of this section, the postsecondary institution shall not:
(a) Condition provision of the transcript or diploma on payment of a debt;
(b) Charge a higher fee to obtain the transcript or diploma or provide less favorable treatment in response to the transcript or diploma request because the requesting current or former student owes a debt; or
t a transcript or diploma pursuant to subsection (2)(b) of this section, the postsecondary institution shall not:
(a) Condition provision of the transcript or diploma on payment of a debt;
(b) Charge a higher fee to obtain the transcript or diploma or provide less favorable treatment in response to the transcript or diploma request because the requesting current or former student owes a debt; or
(c) Otherwise use transcript or diploma issuance as a tool for debt collection.
(4) (a) Each postsecondary institution shall adopt a policy that outlines the process by which a student may obtain a transcript or diploma and the circumstances under which a transcript or diploma may be withheld pursuant to subsection (2) of this section from a current or former student who owes a debt. At a minimum, the policy must include:
(I) A reasonable process for verification of conditions a current or former student may demonstrate to receive an exemption pursuant to subsection (2) of this section;
(II) An opportunity to establish a payment plan for the debt;
(III) Identification of the point at which a student will no longer be able to register for classes due to the debt owed; and
(IV) Identification of the point at which a student may be subject to a transcript, diploma, or registration hold, including the time frames and amounts for which the holds are to be used and the lowest amount of debt at which the institution will assign the debt to a third-party collection agency.
(b) The postsecondary institution shall post the policy described in subsection (4)(a) of this section and the procedures for filing a complaint with the student loan ombudsperson and the administrator on the postsecondary institution's website and provide the policy and the procedures to students as part of the information shared relating to the cost of attendance that includes any additional fees, financial aid, scholarships, or other information.
(5) (a) Beginning July 1, 2024, each postsecondary institution shall annually report to the department of higher education concerning transcript and registration holds, including:
(I) The postsecondary institution's policy developed pursuant to subsection (4)(a) of this section;
(II) The number of students for whom the postsecondary institution is withholding official transcripts, diplomas, and registration privileges; and
(III) The number of past-due student accounts assigned to third-party collection agencies, including the number of students who are eligible for federal Pell grants.
(b) Beginning January 2025, and each January thereafter, the department of higher education shall annually report on the information described in subsection (5)(a) of this section at the department's annual hearing pursuant to the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act", part 2 of article 7 of title 2.
(6) (a) The student loan ombudsperson may provide information to the public regarding the limits described in this section on withholding a transcript or diploma. The student loan ombudsperson and the administrator may receive complaints from current or former students who have had a transcript withheld.
(b) Beginning January 2025, and each January thereafter, the attorney general's office shall compile data on the complaints received by the student loan ombudsperson and the administrator pursuant to subsection (6)(a) of this section and annually report the data through the annual hearing for the department of law held pursuant to the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act", part 2 of article 7 of title 2.
C.R.S. § 23-5-114 National direct student loans - authority to separately collect advances
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.
C.R.S. § 23-5-115 Loans or outstanding obligations offset
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 39-21-108 (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.
(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.
C.R.S. § 23-5-116 Governing boards - authority to provide out-of-state courses
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.
C.R.S. § 23-5-117 Governing boards - delegation of personnel power
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 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.
C.R.S. § 23-5-118 Selective service registration information
23-5-118. Selective service registration information. Each state-supported institution of higher education shall provide eligible males with information about the selective service prior to course registration.
C.R.S. § 23-5-119 Colorado legislative distinguished professor fund
23-5-119. Colorado legislative distinguished professor fund. (Repealed)
C.R.S. § 23-5-119.5 Student fees - legislative declaration - definitions - institutional plans - fee information - reporting
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
(IV) A plan for addressing reserve fund balances.
ding 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
(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 sub-subparagraph (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;
d 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 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 23-5-103 (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.
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 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 23-5-103 (3).
nt 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 23-5-103 (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 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;
, 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.
C.R.S. § 23-5-120 Student fees - deposit - interest
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 state-supported institution of higher education to pledge moneys in the fund described in subsection (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.
C.R.S. § 23-5-121 Governing boards - authority to establish nonprofit corporations for developing discoveries and technology
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 state-supported 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;
(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;
rated pursuant to subsection (2) of this section:
(a) Own and license rights to products, technology, and scientific information;
(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 state-supported 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.
C.R.S. § 23-5-122 Intrainstitutional and intrasystem transfers - course scheduling
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;
(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.
C.R.S. § 23-5-123 Sabbatical leave - policy - production of records - legislative declaration - definition
23-5-123. Sabbatical leave - policy - production of records - legislative declaration - definition. (1) The general assembly recognizes the necessity of maintaining a high caliber of faculty and staff within the state system of higher education and the importance of the faculty's and staff's contribution in delivering quality education within the state system of higher education. The general assembly recognizes that faculty and staff sabbaticals play an important role in developing and enhancing faculty or staff expertise, thereby supporting faculty and staff excellence in management, teaching, and research. The general assembly also recognizes that a faculty or staff 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 and staff sabbaticals that will improve excellence within the state system of higher education and will thereby benefit the state.
(2) (a) The governing board of each state-supported institution of higher education shall have in place and shall enforce policies regarding faculty and staff sabbaticals, including but not limited to the policies specified in this subsection (2).
(b) (Deleted by amendment, L. 2023.)
(c) A governing board may not grant a sabbatical for any faculty or staff member more often than once every seven years.
(d) Prior to taking a sabbatical, a faculty or staff 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 or staff member's professional growth, how it will enhance the institution's reputation, how it will enhance the students' educational experience at the institution, and how it will increase the overall level of knowledge in the faculty or staff member's area of expertise; and
(II) Specifies the goals that the faculty member or staff member will achieve while on sabbatical.
(e) A governing board of an institution of higher education may not grant a subsequent sabbatical to any faculty or staff member who does not meet the goals stated in the faculty or staff member's sabbatical plan.
(f) The governing board of each institution shall approve any sabbaticals taken by faculty or staff at the institution in advance. In approving a sabbatical, the governing board of each institution shall consider the quality of the faculty or staff member's proposed activities while on sabbatical, the individuals who will be involved in such activities, and the benefits to be received from such activities by the faculty or staff member, the institution, and the students at the institution.
(g) Upon completion of a sabbatical, the faculty or staff member shall submit a final sabbatical report to the governing board of the institution that employs the faculty or staff member, including a summary of the faculty or staff member's activities while on sabbatical and the benefits derived by the faculty or staff member. Final sabbatical reports need not include specific details of the faculty or staff member's research conducted while on sabbatical. Final sabbatical reports are open records pursuant to section 24-72-203 and must not be included in the faculty or staff member's personnel file.
y of the faculty or staff member's activities while on sabbatical and the benefits derived by the faculty or staff member. Final sabbatical reports need not include specific details of the faculty or staff member's research conducted while on sabbatical. Final sabbatical reports are open records pursuant to section 24-72-203 and must not be included in the faculty or staff member's personnel file.
(h) Each participant in the sabbatical process shall ensure 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.
(4) As used in this section, "staff" means an employee who serves in a management position or similar capacity, including a director up to a vice president.
C.R.S. § 23-5-124 Student enrollment - prohibition - public peace and order convictions - definitions
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 state-supported 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.
(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 state-supported 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.
C.R.S. § 23-5-125 Campus sex offender information
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.
C.R.S. § 23-5-126 Governing boards - anti-terrorism measures
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 state-supported 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.
C.R.S. § 23-5-127 Unique student identifying number - social security number - prohibition
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:
(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.
C.R.S. § 23-5-128 Meningococcal disease - information - immunity - definitions
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:
(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.
C.R.S. § 23-5-129 Governing boards - performance contract - authorization - operations - definitions
23-5-129. Governing boards - performance contract - authorization - operations - definitions. (Repealed)
C.R.S. § 23-5-130 Governing boards - fee-for-service contracts - authorization
23-5-130. Governing boards - fee-for-service contracts - authorization. (Repealed)
C.R.S. § 23-5-130.5 Governing boards - tuition-setting - repeal
23-5-130.5. Governing boards - tuition-setting - repeal. (Repealed)
C.R.S. § 23-5-131 Governing boards - tuition - fixed rate contract - definitions
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 state-supported 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 fixed-rate 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 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 fixed-rate contract option in the institution's course catalog or student handbook and on the institutional website.
(5) and (6) Repealed.
C.R.S. § 23-5-132 Governing boards - travel policies - exemption from state travel rules
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.
C.R.S. § 23-5-133 Instructors - health benefits study - report
23-5-133. Instructors - health benefits study - report. (Repealed)
C.R.S. § 23-5-134 Appointments to governing boards - considerations
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.
C.R.S. § 23-5-135 Governing boards - underserved students - report - repeal
23-5-135. Governing boards - underserved students - report - repeal. (Repealed)
C.R.S. § 23-5-136 Governing boards - online textbook program
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.
C.R.S. § 23-5-137 Loan repayment assistance - legislative declaration - definitions
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.
C.R.S. § 23-5-138 Textbooks - academic freedom - definitions
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;
(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.
xtbook 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.
C.R.S. § 23-5-139 Higher education revenue bond intercept program - definitions
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 5 on or after June 6, 2016, or issues a refunding bond pursuant to article 54, 56, or 57 of title 11 on or after June 6, 2016, and the governing board wants the 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
(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) One hundred percent of tuition if the institution is an enterprise, as defined in section 24-77-102 (3);
(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.
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 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.
se 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 23-5-101.7 (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 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:
easurer'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 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.
veloped 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 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.
e 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 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).
C.R.S. § 23-5-140 Lifesaving school safety information - legislative declaration - definitions
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;
(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).
C.R.S. § 23-5-140.5 Employee information - student loan repayment and forgiveness programs
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.
C.R.S. § 23-5-140.7 Calculation of full-time employment of teachers for purposes of the federal public loan forgiveness program - definitions
23-5-140.7. Calculation of full-time employment of teachers for purposes of the federal public loan forgiveness program - definitions. (1) As used in this section, unless the context otherwise requires:
(a) "Certifying employment" means either completing the employer sections of the public service loan forgiveness form or sharing data directly with the United States department of education that corresponds to the information required for the public service loan forgiveness form.
(b) "Employee" means someone who works for an institution of higher education, regardless of whether the institution of higher education considers that work to be full-time or part-time, contingent, or contracted.
(c) "Full-time", for the purpose of certifying employment, means the lower standard of:
(I) Working at least an average of thirty hours per week or at least an average of thirty hours per week throughout a contractual or employment period of at least eight months in a twelve-month period; or
(II) An hourly standard adopted by the United States department of education.
(d) "Institution of higher education" means any state institution of higher education as defined in section 23-4.5-102 (7) or any higher education institution that is operating pursuant to 26 U.S.C. sec. 501 (c)(3) of the federal "Internal Revenue Code of 1986".
(e) "Public service loan forgiveness form" means the form used by the United States department of education to certify an individual's employment at a public service organization, as defined in 34 CFR sec. 685.219 (b), and determine eligibility for the public service loan forgiveness program.
(f) "Public service loan forgiveness program" means the federal loan forgiveness program established pursuant to 20 U.S.C. sec. 1087e (m) and administered pursuant to 34 CFR sec. 685.219 as of the effective date of this section.
(2) The following apply for the purposes of certifying employment for the purposes of the public service loan forgiveness program only and have no other applicability for institutions of higher education and their employees:
(a) For current or former faculty or teacher employees, an institution of higher education certifying employment after the effective date of this section shall credit four and thirty-five one-hundredths hours worked for each hour of credit or contact hours, regardless of when the hours were worked, including hours worked on or after October 1, 2007. This section does not supersede any greater adjustment factor established by a collective bargaining agreement or employer policy in recognition of additional work associated with credit or contact hours for the purpose of the public service loan forgiveness program.
(b) When determining whether an employee is considered full-time for the purpose of certifying employment for the public service loan forgiveness program only, an institution of higher education shall not treat any adjusted total hours worked pursuant to subsection (2)(a) of this section differently from hours worked without an adjustment factor.
(c) For the purpose of certifying employment only, an institution of higher education shall consider an employee full-time when the employee satisfies the definition of "full-time" provided in this section.
(3) (a) Notwithstanding any other provision of law to the contrary, if the United States department of education permits public service employers to certify employment for past or present individual employees or groups of employees directly with the United States department of education or its agents, an institution of higher education may send to the United States department of education or its agents the information necessary for employment certification.
trary, if the United States department of education permits public service employers to certify employment for past or present individual employees or groups of employees directly with the United States department of education or its agents, an institution of higher education may send to the United States department of education or its agents the information necessary for employment certification.
(b) (I) If an institution of higher education does not directly certify employment with the United States department of education pursuant to subsection (3)(a) of this section, the institution of higher education shall annually provide a copy of the public service loan forgiveness form with the employer information and employment certification sections of the form already completed reflecting at least the last twelve months of employment to:
(A) A current or former employee who requests a public service loan forgiveness form, to the extent that the institution has employment records for the employee;
(B) Any current employee for whom the institution of higher education has certified employment on or after the effective date of this section; except that this subsection (3)(b)(I)(B) does not take effect until one year after the effective date of this section; and
(C) An employee who is ending the employee's work with the institution of higher education.
(II) The partially completed form should reflect employment for the prior twelve months and may reflect longer periods of employment, as necessary.
(c) For purposes of certifying employment only, an institution of higher education shall adopt a policy that maximizes the amount of time for which an employee's employment can be considered full-time for purposes of the public service loan forgiveness program. Nothing in this section requires an employer of a higher education employee to increase the number of contracted hours for which an employee is paid.
(d) For purposes of certifying employment only, an institution of higher education shall treat as a continuous employment period any consecutive academic terms for which an employee teaches, regardless of whether such hours are taught pursuant to separate employment contracts or whether such academic terms are separated by routine academic vacation, but only to the extent that doing so maximizes the amount of time for which an employee's employment can be considered full-time for purposes of the public service loan forgiveness program.
(e) Notwithstanding the requirements of this section, if the United States department of education promulgates rules related to the calculation of hours worked for the purposes of certifying employment for the public service loan forgiveness program that are more favorable to employees than the requirements of this section, an institution of higher education shall apply the federal rules.
(4) An institution of higher education shall not unreasonably delay in certifying employment under the public loan forgiveness program as provided in this section.
(5) Nothing in this section prevents an institution of higher education from seeking permission from its employees prior to certifying their employment.
C.R.S. § 23-5-141 Campus police information sharing - legislative declaration - definitions
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;
(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.
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 13-90-107 (1)(k), C.R.S., or any statutory duty to warn and protect specified in section 13-21-117, C.R.S.
C.R.S. § 23-5-142 Institution law enforcement agencies to provide identification cards to retired peace officers upon request - definitions
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. 103-159), 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 pursuant to this section, the law enforcement agency shall provide the retired peace officer a written statement setting forth the reason for the denial.
C.R.S. § 23-5-143 Sexual assault victim care - memorandum of understanding - training - definitions
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 health-care 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 registered 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 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:
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 assault-related 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.
C.R.S. § 23-5-144 Students' right to speak in a public forum - legislative declaration - violations - court actions - free speech zones - definitions
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.
(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;
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.
(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.
C.R.S. § 23-5-145 Credit for military education and training - policy - definition
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.
(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.
C.R.S. § 23-5-145.5 Credit for work-related experience - plan - report - definitions - repeal
23-5-145.5. Credit for work-related experience - plan - report - definitions - repeal. (1) As used in this section, unless the context otherwise requires:
(a) "Commission on higher education" or "commission" has the same meaning set forth in section 23-1-101.1 (1).
(b) "Council" means the council created and existing pursuant to section 23-1-108.5, convened by the commission on higher education.
(c) "Guaranteed-transfer pathways" or "GT pathways" means the statewide articulation matrix system of common course numbering for general education courses described in section 23-1-108.5 (3)(c).
(d) "State institution of higher education" or "institution" has the same meaning set forth in section 23-1-135 (2).
(e) "Statewide degree transfer agreement" means a statewide degree transfer agreement described in section 23-1-108 (7).
(f) "Work-related experience" means any experience acquired within the past ten years through paid or unpaid employment, including but not limited to self-employment, an internship, a residency, a pre-apprenticeship program, or an apprenticeship program that may lead to or result in a business credential, an industry credential, a technical certificate, or a professional license.
(2) (a) The department of higher education, in consultation with institutions, shall conduct a study concerning awarding academic credit for prior learning opportunities within all institutions. The study must examine:
(I) The processes by which a student can receive academic credit for any course in the undergraduate curriculum, free of tuition, through successful completion of a portfolio assessment, individual assessment, examination, or any combination thereof that is appropriate to the learning outcomes of the course;
(II) The potential benefits to a student, including but not limited to impact on a student's overall attendance cost, whether a policy would accelerate the time to complete a postsecondary credential, and the impact on the state's goal to increase credential attainment rates; and
(III) The costs to institutions to develop and maintain processes to grant academic credit to a student for prior learning and the ability to recover administrative costs from students requesting the prior learning assessment.
(b) On or before September 1, 2021, the commission shall report to the education committees of the senate and house of representatives, or any successor committees, the results of the study described in subsection (2)(a) of this section.
(3) (a) On or before January 1, 2022, the council, in collaboration with the commission, shall create, adopt, and implement a plan, referred to in this section as the "plan", to award postsecondary academic credit for courses in GT pathways or a statewide degree transfer agreement for learning demonstrated from work-related experience. In creating the plan, priority may be given to work-related experience that is responsive to workforce demands and growing industries identified by the most recent Colorado talent pipeline report prepared pursuant to section 24-46.3-103 or identified in consultation with the state work force development council in section 24-46.3-101.
(b) The council, commission, or department of higher education, or any combination thereof, may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of creating, adopting, and implementing a plan pursuant to this section. The plan shall not be created, adopted, or implemented unless sufficient money is available from gifts, grants, or donations to cover the costs of creating, adopting, and implementing a plan pursuant to this section.
(4) The plan must include:
expend gifts, grants, or donations from private or public sources for the purposes of creating, adopting, and implementing a plan pursuant to this section. The plan shall not be created, adopted, or implemented unless sufficient money is available from gifts, grants, or donations to cover the costs of creating, adopting, and implementing a plan pursuant to this section.
(4) The plan must include:
(a) A process for assessing and aligning work-related experience to the knowledge and competencies required for awarding postsecondary academic credit for courses in GT pathways or a statewide degree transfer agreement, which credit granted must be transferable to another institution pursuant to commission policy regarding GT pathways or a statewide degree transfer agreement; and
(b) A process for evaluating credentials earned by a student at an area technical college pursuant to section 23-60-802 and determining how postsecondary academic credit will transfer from area technical colleges, if appropriate, to public two-year and four-year state institutions of higher education.
(5) The council, in creating the plan, shall consult with:
(a) Representatives of institutions, including, but not limited to, faculty members and registrars;
(b) Representatives of organizations that represent students in Colorado;
(c) Representatives of the Colorado work force development council;
(d) Representatives of industries with high workforce demand and growing industries identified in the most recent Colorado talent pipeline report and organizations representing them; and
(e) Representatives selected by the commission.
(6) Upon completion of the plan, the council, in collaboration with the representatives described in subsection (5) of this section, shall continue to work toward expanding opportunities for awarding postsecondary academic credit for learning acquired from work-related experience not otherwise addressed in this section.
(7) Beginning in the 2022-23 academic year, unless the plan is implemented prior to the beginning of the 2022-23 academic year, an institution shall accept in and transfer within the institution and to other institutions postsecondary academic credit awarded for work-related experience for a course that is GT pathways designated or part of a statewide degree transfer agreement.
(8) Repealed.
(9) (a) On or before March 1, 2024, and on or before March 1 of each year thereafter, the council shall report to the education committees of the senate and house of representatives, or any successor committees, regarding the continued implementation of this section. The report must include, at a minimum:
(I) The number of students who were awarded credits and who transferred credits to or from an institution pursuant to this section;
(II) Data regarding the age and demographics of students who were awarded credits and who transferred credits to or from an institution pursuant to this section;
(III) The implementation challenges of this section;
(IV) The fee established and charged by institutions, if any, to administer a portfolio assessment, individual assessment, examination, or any combination thereof;
(V) The direct costs imposed on institutions to implement this section; and
(VI) Any recommended statutory revisions to this section.
(b) Notwithstanding the provisions of section 24-1-136 (11)(a)(I), the reporting requirement pursuant to this subsection (9) continues until the repeal of this subsection (9).
(c) This subsection (9) is repealed, effective July 1, 2029.
C.R.S. § 23-5-145.6 Opportunities for credential attainment - fund - report - definitions - repeal
23-5-145.6. Opportunities for credential attainment - fund - report - definitions - repeal. (1) As used in this section, unless the context otherwise requires:
(a) "Apprenticeship certificate" means verification of completion of an apprenticeship program. Apprenticeship certificates are applicable to industry trades and professions.
(b) "Colorado talent report" means the report prepared pursuant to section 24-46.3-103.
(c) "Commission on higher education" or "commission" has the same meaning as set forth in section 23-1-101.1 (1).
(d) "Department" means the department of higher education created and existing pursuant to section 24-1-114.
(e) "Guaranteed-transfer pathways" or "GT pathways" means the statewide articulation matrix system of common course numbering for general education courses described in section 23-1-108.5 (3)(c).
(f) "Industry certification" means a credential awarded by an industry-recognized third-party or industry-governing board based on an individual demonstrating by assessment that the individual has acquired the designated knowledge, skills, and abilities to perform a specific occupation or skill. Industry certifications may be time-limited dependent upon the occupation or industry.
(g) "Nondegree credential" means a postsecondary certificate, apprenticeship certificate, professional license, or industry certification.
(h) "Postsecondary certificate" means a credential awarded by an institution of higher education at an undergraduate level based on completion of all requirements for a program of study, including course work and exams. Postsecondary certificates are not time-limited and do not require renewal. "Postsecondary certificate" does not include a degree and does not include a credential awarded by an institution of higher education after completion of a bachelor's degree in the same pathway.
(i) "Stackable credential pathway" means a sequence of credentials earned through various means, including through assessment of prior learning, that may be accumulated over time and move an individual along a career pathway or up a career ladder.
(j) "State institution of higher education" or "institution" has the same meaning as set forth in section 23-1-135 (2).
(k) "Statewide degree transfer agreement" means a statewide degree transfer agreement described in section 23-1-108 (7).
(2) By June 15, 2023, the department, in consultation with institutions and at least one business organization or representative of industry, shall develop and implement a process that encourages institutions to identify incremental achievements on the path to degree completion and organize stackable credentials that build upon each other toward degrees and may articulate to pathways in high-demand industries. The department and institutions shall collaborate to identify how credentials may be evaluated for their component skills, competencies, and learning outcomes, and then may become stacked into a stackable credential pathway to provide increased access to employment and may result in a degree. As a part of the process, the department and institutions shall:
(a) Evaluate the quality of nondegree credentials that are currently available that lead to in-demand living wage jobs identified in the most recent Colorado talent report and respond to critical job shortages in Colorado. The department, in collaboration with institutions, shall evaluate the quality of nondegree credentials using the framework and process created in this subsection (2) and informed by one or more quality standards frameworks developed by national organizations.
(b) (I) Identify where alignment currently exists along a degree pathway between nondegree and degree credentials and work-based learning and apprenticeships; and
(II) Identify opportunities to develop where further alignment may be created between nondegree and degree credentials and work-based learning and apprenticeships; and
e quality standards frameworks developed by national organizations.
(b) (I) Identify where alignment currently exists along a degree pathway between nondegree and degree credentials and work-based learning and apprenticeships; and
(II) Identify opportunities to develop where further alignment may be created between nondegree and degree credentials and work-based learning and apprenticeships; and
(c) Articulate where the various alignments identified in subsection (1)(b) of this section may incorporate into stackable credential pathways that may lead to a degree and opportunities for credits to be transferred in order for persons to be able to attain nondegree or degree credentials that lead to in-demand or living wage jobs.
(3) By January 1, 2024, the department, in consultation with the representatives described in section 23-5-145.5 (5), shall facilitate the creation of stackable credential pathways for at least three growing industries identified by the most recent Colorado talent report. By January 1, 2025, the department, in consultation with the representatives described in section 23-5-145.5 (5), shall facilitate the creation of stackable credential pathways for at least two additional growing industries identified by the most recent Colorado talent report. The department shall facilitate the creation of at least two stackable credential pathways for each industry. The stackable credential pathways must include:
(a) A competency framework that articulates the knowledge, skills, learning outcomes, nondegree credentials, and degrees associated with the pathway and identifies the career and professional development opportunities associated with the pathway;
(b) An inventory of credentials that are a part of the pathway, offered by accredited and nonaccredited providers, including training and industry credential providers, high schools, programs recognized by the career development success program pursuant to section 22-54-138, postsecondary institutions, and nonprofit organizations;
(c) Credentials that are a part of the pathway evaluated pursuant to section 23-5-145.5 (3), including credit awarded for courses in GT pathways or a statewide degree transfer agreement; and
(d) Credits that are awarded for other courses with a career and technical education focus in a postsecondary degree, noncredit program, or industry certification program.
(4) The stackable credential pathways must be approved by the commission, in consultation with the Colorado work force development council.
(4.5) The stackable credential pathways must meet the quality standards required pursuant to section 23-5-145.8 (2)(c).
(5) (a) The credentials to support the Colorado jobs cash fund, referred to in this section as the "fund", is created in the state treasury. The fund consists of money credited to the fund pursuant to subsection (5)(b) of this section and any other money that the general assembly appropriates or transfers to the fund.
(b) For the 2022-23 state fiscal year, the general assembly shall appropriate one million dollars to the department from the workers, employers, and workforce centers cash fund created in section 24-75-231. The department shall use this appropriation for the purposes described in this section.
(c) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.
al year, the general assembly shall appropriate one million dollars to the department from the workers, employers, and workforce centers cash fund created in section 24-75-231. The department shall use this appropriation for the purposes described in this section.
(c) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.
(d) Subject to annual appropriation by the general assembly, the department may expend money from the fund for the purposes described in this section.
(6) On or before December 29, 2023, and on or before December 31, 2025, the department of higher education shall submit a report to the education committees of the senate and house of representatives, or any successor committees, regarding the implementation of this section. The report must include data collected by institutions to measure the total number of credits, credentials, certificates, and professional licenses earned in each pathway at each institution, as practicable. The report must include the data for the state as a whole and for each institution, in total and disaggregated by race, ethnicity, and gender.
(7) (a) Nothing in this section supersedes or replaces the curriculum or program standards of a construction industry registered apprenticeship program that is registered and approved by the United States department of labor or the state apprenticeship agency.
(b) Nothing in this section supersedes or replaces any statutory or regulatory training requirement for a professional license or credential regulated by the department of regulatory agencies.
(8) This section is repealed, effective July 1, 2026.
C.R.S. § 23-5-145.7 Funding for nondegree credential programs - duty - policy - appropriation - report - definitions - repeal
23-5-145.7. Funding for nondegree credential programs - duty - policy - appropriation - report - definitions - repeal. (Repealed)
C.R.S. § 23-5-145.8 Credential quality standards - report - definitions
23-5-145.8. Credential quality standards - report - definitions. (1) As used in this section, unless the context otherwise requires:
(a) "Apprenticeship certificate of completion" means a certificate awarded to an apprentice in recognition of the successful completion of a registered apprenticeship program.
(b) "Colorado talent report" means the report prepared pursuant to section 24-46.3-103.
(c) "Department" means the department of higher education created and existing pursuant to section 24-1-114.
(d) "Industry certification" means a credential awarded by an industry-recognized third party or industry-governing board based on an individual demonstrating by assessment that the individual has acquired the designated knowledge, skills, and abilities related to a specific occupation or skill. Industry certifications may be time-limited dependent upon the occupation or industry.
(e) "International standard classification of education" or "ISCED" means a comprehensive framework for organizing education and training programs that applies uniform and internationally agreed-upon classifications to facilitate comparisons of education and training programs across countries.
(f) "Nondegree credential" means a postsecondary certificate, apprenticeship certificate of completion, professional license, or industry certification.
(g) "Postsecondary certificate" means a credential awarded by an institution of higher education at an undergraduate level based on completion of all requirements for a program of study, including coursework and exams. Postsecondary certificates are not time-limited and do not require renewal. "Postsecondary certificate" does not include a degree or a credential awarded by an institution of higher education after completion of a bachelor's degree in the same pathway.
(h) "Quality nondegree credentials framework" means the quality and in-demand nondegree credentials framework developed pursuant to section 23-5-145.6 (2) to assess certifications, occupational licenses, apprenticeship certificates of completion, non-credit certificates, micro-credentials, and sub-baccalaureate for-credit certificates and establishes a rubric for evaluating credentials in state-recognized programs.
(i) "Stackable credential pathway" means a sequence of degree or nondegree credentials earned through various means, including through assessment of prior learning, that may be accumulated over time and move an individual along a career pathway or up a career ladder.
(j) "State institution of higher education" or "institution" has the same meaning as set forth in section 23-1-135.
(2) (a) The state of Colorado formally recognizes the quality nondegree credentials framework developed pursuant to section 23-5-145.6 (2) as the primary tool for evaluating and ensuring the quality of nondegree credentials offered within the state.
(b) The department, in collaboration with the Colorado work force development council, the department of education, the department of labor and employment, the Colorado office of economic development, and the Colorado community college system shall ensure the effective integration of the quality nondegree credentials framework within the state's education and workforce systems.
within the state.
(b) The department, in collaboration with the Colorado work force development council, the department of education, the department of labor and employment, the Colorado office of economic development, and the Colorado community college system shall ensure the effective integration of the quality nondegree credentials framework within the state's education and workforce systems.
(c) Beginning January 1, 2026, and annually thereafter, the department, in collaboration with the Colorado work force development council, the department of education, the department of labor and employment, and the Colorado office of economic development, shall evaluate nondegree credentials offered through state-recognized programs to ensure the credentials meet the quality standards set forth in the quality nondegree credentials framework. State-recognized programs that are required to ensure nondegree credential offerings meet the quality standards set forth in the quality nondegree credentials framework include, but are not limited to:
(I) The career development success program created pursuant to section 22-54-138; and
(II) The stackable credential pathways identified pursuant to section 23-5-145.6 (3).
(d) Beginning January 1, 2026, and annually thereafter, the department, in collaboration with the department of education, the department of labor and employment, and the Colorado office of economic development, shall supply the state workforce development council with a list of quality nondegree credential programs that meet the quality standards set forth in the quality nondegree credentials framework for inclusion in the Colorado talent report produced pursuant to section 24-46.3-103 (3)(a) and in a credential registry endorsed by the state.
(3) (a) The department shall engage state agencies, educational institutions, international organizations, industry associations, and other stakeholders to study and make recommendations concerning the adoption of ISCED as the state's standard framework for classifying nondegree credentials and ISCED's wider application in the state's education and workforce systems. On or before July 31, 2025, the department shall complete a stakeholder engagement process to inform a report. The stakeholder engagement process must:
(I) Solicit input from employers and their industry or trade associations;
(II) Solicit input from state institutions of higher education;
(III) Solicit input from the Colorado department of labor and employment, including the office of future of work and the state apprenticeship agency, the state workforce development council, and the Colorado department of education student pathways unit; and
(IV) Leverage the resources and tools of the ISCED community.
(b) The department shall study and make recommendations concerning how ISCED equivalency levels may be:
(I) Implemented as the state's standard framework for organizing and classifying nondegree credentials;
(II) Assigned to credentials or packages of credentials identified and approved pursuant to section 23-5-145.6 (3) and (4);
(III) Assigned to registered apprenticeships;
(IV) Widely adopted by stakeholders to facilitate alignment of education and training programs and associated qualifications; and
(V) Effectively integrated within the state's education and workforce systems.
(c) On or before July 31, 2025, the department shall report its findings and recommendations to the education committees of the senate and house of representatives, or any successor committees.
Widely adopted by stakeholders to facilitate alignment of education and training programs and associated qualifications; and
(V) Effectively integrated within the state's education and workforce systems.
(c) On or before July 31, 2025, the department shall report its findings and recommendations to the education committees of the senate and house of representatives, or any successor committees.
(d) On or before July 31, 2025, using the process recommended pursuant to subsection (3)(b) of this section, the department shall assign ISCED equivalency levels to the credentials included in the stackable credential pathways identified and approved pursuant to section 23-5-145.6 (3) and (4). The ISCED alignment process must consider credential program rigor and relevance.
(4) The department shall implement this section subject to available appropriations.
C.R.S. § 23-5-146 Sexual misconduct - policies - confidential resources - training - reports - definitions
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;
(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
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.
(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.
ed 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;
(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.
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 two-year 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.
(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.
C.R.S. § 23-5-147 Sexual misconduct advisory committee - membership - duties - report - legislative declaration - definitions
23-5-147. Sexual misconduct advisory committee - membership - duties - report - legislative declaration - definitions. (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 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).
(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;
(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.
ndards 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) Repealed.
C.R.S. § 23-5-148 Dental therapy training programs - authorization to grant advanced standing - definition
23-5-148. Dental therapy training programs - authorization to grant advanced standing - definition. (1) As used in this section, "state institution of higher education" has the same meaning as set forth in section 23-18-102 (10)(a).
(2) A state institution of higher education offering an accredited dental therapy training program may grant advanced standing toward completion of an accredited dental therapy program if a student demonstrates past completion of curriculum that meets or exceeds the content standards for one or more courses that comprise the dental therapy curriculum accredited by the American Dental Association's commission on dental accreditation, or its successor organization.
C.R.S. § 23-5-149 Epinephrine auto-injectors at institutions of higher education - immunity - short title
23-5-149. Epinephrine auto-injectors at institutions of higher education - immunity - short title. (1) The short title of this section is "Sydney Meegan's Law".
(2) Each institution of higher education, as defined in section 23-18-102, shall acquire and stock a supply of epinephrine auto-injectors.
(3) Each institution of higher education is encouraged, but is not required, to:
(a) Place epinephrine auto-injectors in reasonable quantities to ensure availability for use by a person perceived to be experiencing anaphylaxis; and
(b) Store epinephrine auto-injectors in an emergency public access station pursuant to article 47 of title 25.
(4) Notwithstanding article 47 of title 25, any person is permitted to retrieve and use an epinephrine auto-injector pursuant to this section.
(5) Immediately after using an epinephrine auto-injector, the person is encouraged to make a 911 emergency call.
(6) An institution of higher education is encouraged to accept a donation of a supply of epinephrine auto-injectors that meets standards established by the federal food and drug administration. An institution of higher education shall also accept gifts, grants, and donations, including in-kind donations, designated for obtaining a supply of epinephrine auto-injectors.
(7) Each institution of higher education shall adopt a policy concerning the placement of epinephrine auto-injectors that focuses on areas where students gather in the largest volumes, including in dormitories and dining halls.
(8) A person who acts reasonably and in good faith to furnish or administer an epinephrine auto-injector, including an expired epinephrine auto-injector, to an individual the person reasonably believes to be experiencing anaphylaxis may assert the immunity set forth in section 25-47-107.
C.R.S. § 23-5-150 Transfer credit review process and nontransferable credit - notice - definition
23-5-150. Transfer credit review process and nontransferable credit - notice - definition. (1) An institution shall provide a student with a determination regarding the acceptance or denial of the student's request and required documentation for transfer credit within thirty days after the student is admitted to the institution.
(2) An institution shall publish the institution's process and timeline for reviewing and making a decision regarding transfer credit requests on the institution's website. The institution shall update its website within thirty days after making a change to its process and timeline for reviewing and issuing decisions regarding transfer credit requests.
(3) As used in this section, unless the context otherwise requires, "institution" means a "public institution of higher education" as defined in section 23-4.5-102.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-23.docxFetched: 10/6/2026