First Regular Session Sixty-seventh General Assembly STATE OF COLORADO INTRODUCED LLS NO. 09-0767.01 Richard Sweetman HOUSE BILL 09-1270 HOUSE SPONSORSHIP Waller, SENATE SPONSORSHIP (None), House Committees Senate Committees Education A BILL FOR AN ACT Concerning extending concurrent enrollment opportunities to students who are not enrolled in public schools. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) Amends the "Postsecondary Enrollment Options Act" to extend concurrent enrollment opportunities to pupils enrolled in private schools and nonpublic, home-based educational programs. Requires the department of education (department) to enter into a cooperative agreement with both the school district of a pupil who enrolls in courses at an institution of higher education and said institution. Requires the department to reimburse any pupil who enrolls in courses at an institution of higher education for the amount of tuition paid for such courses. Requires the department to make information available on its web site and to all schools, public and private, within the boundaries of the state concerning the postsecondary enrollment options for eligible pupils. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Article 35 of title 22, Colorado Revised Statutes, is amended to read: ARTICLE 35 Universal Postsecondary Enrollment Options Act of 2009 22-35-101. Short title. This article shall be known and may be cited as the "Universal Postsecondary Enrollment Options Act of 2009". 22-35-102. Legislative declaration. (1) The general assembly hereby finds, determines, and declares that: (a) High school pupils need to be continually challenged in order to maintain their academic interests; that such challenges must include rigorous academic pursuits; that, for some students, exposure to such academic challenges declines during the last two years of high school as pupils complete their graduation requirements; that there is a high rate of dropouts at the eleventh and twelfth grade levels; that, for some students, courses not that cannot be offered in a high school, home school, or private school environment or courses offered in a different setting may stimulate or maintain their interest; that providing a wider variety of options to high school pupils by encouraging and enabling secondary pupils to enroll in courses offered by state institutions of higher education provides new and exciting academic challenges to such pupils; and that such concurrent enrollment opportunities provide access to excellence in education; and (b) Public high school students are already permitted access to concurrent enrollment opportunities through the "Postsecondary Enrollment Options Act", as it existed prior to the effective date of this article, as amended, and this act should be expanded to allow students of home school and private school environments equal access to such opportunities. (2) The general assembly further finds that any student who enrolls in postsecondary courses pursuant to this article should be expected to show a high degree of maturity and responsibility, especially with regard to the successful completion of such postsecondary courses. The general assembly therefore finds that an important method of fostering such responsibility is to require the student, or his or her family, to pay the tuition costs associated with such postsecondary courses, subject to reimbursement by the school district upon successful completion of such postsecondary courses. 22-35-103. Definitions. For the purposes of this article: (1) "Eligible pupil" means a student who is not more than twenty-one years of age and who is: (a) Enrolled in: (I) The eleventh or twelfth grade of a school district, as defined in section 22-30-103 (13); (II) The eleventh or twelfth grade in a public school of a private school; or (III) A nonpublic, home-based educational program pursuant to section 22-33-104.5 at a level comparable to eleventh or twelfth grade; and (b) Deemed by the pupil and the pupil's parent or legal guardian, with the advice and counsel of the principal of the high school in which the pupil is enrolled, if applicable, to be in need of course work at a higher academic level than the course work that is available to the student. (1) (2) "Institution of higher education" means the Colorado state university - Pueblo, Adams state college, Mesa state college, Metropolitan state college of Denver, Fort Lewis college, Western state college of Colorado, all independent area vocational schools, all junior college district colleges, the university of northern Colorado, Colorado school of mines, the university of Colorado at Denver, the university of Colorado at Colorado Springs, the university of Colorado at Boulder, Colorado state university, all community colleges governed by the state board for community colleges and occupational education, and all nonpublic institutions of higher education. (2) (3) "Nonpublic institution of higher education" means an institution of higher education operating in this state that: (a) Receives no support from general fund moneys in support of its operating costs; (b) Admits as regular students only persons having a certification of graduation from a school providing secondary education or the recognized equivalent of such a certificate; (c) Is accredited by a nationally recognized accrediting agency or association; (d) Provides an educational program for which it awards a bachelor's degree or a graduate degree; (e) Is not either a proprietary institution or an institution operated for profit; and (f) Is not a pervasively sectarian or theological institution or any branch program or campus of an institution of higher education whose principal campus and facilities are located outside this state. 22-35-104. Enrollment in institution of higher education - cooperative agreement. (1) Any eligible pupil who is not more than twenty-one years old and who is enrolled in the eleventh or twelfth grade of a school district, as defined in section 22-30-103 (13), and who is deemed by the pupil and the pupil's parent or legal guardian, with the advice and counsel of the principal of the high school in which such pupil is enrolled, to be in need of course work at a higher academic level than that available at the pupil's school or is deemed by the high school to be in need of a different environment is eligible to may apply to an institution of higher education to allow such the pupil to enroll in such the institution in accordance with the provisions of this article. The Each school district shall notify all students enrolled in the public schools of the school district or residing in the school district and their parents of the opportunity for postsecondary enrollment. This notification shall be given with sufficient time to allow the students and parents to consider this option. (1.5) Notwithstanding the provisions of subsection (1) of this section, a student who is enrolled in any of grades nine through twelve and who demonstrates attainment of postsecondary and workforce readiness pursuant to section 22-7-1016 is eligible to apply to an institution of higher education and enroll in courses at the institution in accordance with the provisions of this article. (2) Any pupil desiring to enroll in an institution of higher education pursuant to the provisions of subsection (1) of this section shall give written notice to the school district of the pupil department of education of the intent to enroll at least two months prior to such enrollment. (2.5) The written notice given pursuant to subsection (2) of this section shall specify the courses in which the pupil intends to enroll. Such courses shall count for credit towards such toward the pupil's graduation requirements unless such the credit is denied by the principal of the high school in which the pupil is enrolled and such denial is upheld by the superintendent and the local board of education on the basis that high school credit is inappropriate or by the parent or other administrator of a nonpublic, home-based educational program in which the pupil is participating. (3) When a pupil enrolls in courses at an institution of higher education for high school credit pursuant to section 22-35-105 (2) or (3) (a) this article, the school district of in which the pupil resides or in which the pupil is enrolled, the department of education, and the institution of higher education in which the pupil desires to enroll shall enter into a cooperative agreement regarding the enrollment of and the funding method for the pupil in such institution of higher education, including, but not limited to: (a) The academic credit to be granted for course work successfully completed by the pupil enrolled in the institution of higher education, which credit shall qualify as high school credit or, for a pupil participating in a nonpublic, home-based educational program, the equivalent thereof; (b) The requirement that such course work qualify as credit applicable toward earning a degree or certificate at the institution of higher education; (c) The requirement that any pupil enrolled pursuant to the provisions of section 22-35-105 (2) or (3) (a) shall be reimbursed by the school district department of education for the amount of tuition paid for such courses, as provided in section 22-35-105 (6); and (d) The financial provisions to be included in such the cooperative agreement pursuant to the provisions of section 22-35-105. (4) Except as provided in subsection (2.5) of this section, each high school pupil enrolled in a course for high school credit offered by an institution of higher education who satisfactorily completes the requirements of the course shall receive appropriate credit toward a high school diploma. (4.5) No A person shall not be required to hold a teacher's license or authorization issued pursuant to the provisions of article 60.5 of this title in order to instruct any pupil who is enrolled in any course offered by an institution of higher education pursuant to the provisions of this article. (5) For purposes of this article, unless the context otherwise requires, "course" means a course offered by an institution of higher education. 22-35-105. Financial provisions - payment of tuition. (1) Any cooperative agreement entered into pursuant to the provisions of this article on or after June 8, 1991, shall include financial provisions which satisfy the requirements of this section. (2) If pupils are enrolled pursuant to the provisions of this article in a course section offered by an institution of higher education solely for high school pupils, either at the request of the school district or upon the initiative of the institution of higher education, the institution of higher education shall be responsible for course content and the quality of instruction and shall be reimbursed by the school district department of education for costs pursuant to the cooperative agreement between such the institution, the department of education, and such the school district of the pupil. In addition, because any such pupil is receiving high school credit for such the course pursuant to the provisions of this subsection (2), (a) The pupil shall be included in the pupil enrollment of the school district in which such pupil is enrolled as determined pursuant to the provisions of section 22-54-103 (10) the department of education, on behalf of the pupil, shall forward to the institution of higher education the amount that is specified in the cooperative agreement entered into by the department, the school district of the pupil, and the institution of higher education pursuant to section 22-35-104 (3); except that the department shall not forward any moneys in excess of those moneys that are sufficient to reimburse the pupil for his or her tuition and textbook expenses at the institution of higher education; (b) The institution of higher education in which such pupil is enrolled shall not include such pupil in determining the number of full-time equivalent students enrolled in said institution pursuant to the provisions of title 23, C.R.S. (c) The school district shall forward to the institution of higher education the amount which is specified in the cooperative agreement made by the school district and the institution of higher education. (3) If pupils enrolled in a school of any school district are enrolled pursuant to the provisions of this article in one or two courses per academic term offered by any institution of higher education for postsecondary students and: (a) If the pupil so enrolled is receiving high school credit for such course the courses: (I) The pupil shall be included in the pupil enrollment of the school district in which such the pupil is enrolled as determined pursuant to the provisions of section 22-54-103 (10); (II) The institution of higher education in which such the pupil is enrolled shall include such the pupil in counting full-time equivalent students pursuant to the provisions of title 23, C.R.S.; (III) Except as otherwise provided in subsection (8) of this section, the pupil or the pupil's parent or guardian shall pay to the institution of higher education the amount of tuition to which the institution of higher education would be entitled on behalf of a regularly enrolled student taking such courses; except that, for any state-supported institution of higher education, such amount of tuition shall not exceed the in-state tuition rate charged by such the state-supported institution of higher education, and, for any nonpublic institution of higher education, such the amount of tuition shall not exceed the average in-state tuition charged by the representative group of comparable state institutions used for purposes of section 23-3.3-101 (1.5) (a), C.R.S. Payment of tuition pursuant to this subparagraph (III) shall be subject to reimbursement by the school district department of education as provided in subsection (6) of this section. (IV) For purposes of this paragraph (a), notwithstanding any law to the contrary, every pupil enrolled in an institution of higher education pursuant to the provisions of this article who otherwise would not be classified as an in-state student for tuition purposes at any state-supported institution of higher education shall be classified as an in-state student for purposes of tuition; (b) (Deleted by amendment, L. 93, p. 1315,  3, effective June 6, 1993.) (c) If the pupil so enrolled is not receiving high school credit for such the course: (I) The institution of higher education in which the pupil is enrolled shall include such the pupil in counting full-time equivalent students pursuant to the provisions of title 23, C.R.S.; (II) It shall be the responsibility of the pupil to pay the amount of tuition to which the institution of higher education would be entitled on behalf of a regularly enrolled student taking such courses. (4) If pupils of any school district are enrolled pursuant to the provisions of this article in three or more courses per academic term offered by any institution of higher education for postsecondary students: (a) The institution of higher education in which such the pupil is enrolled shall include such the pupil in counting full-time equivalent students pursuant to the provisions of title 23, C.R.S.; (b) Unless otherwise provided by the school district and except as otherwise provided in subsection (8) of this section, it shall be the responsibility of the pupil or the pupil's parent or guardian to pay the amount of tuition to which the institution of higher education would be entitled on behalf of a regularly enrolled pupil taking such courses. Tuition paid pursuant to this paragraph (b) for the first two courses per academic term shall be subject to reimbursement by the school district department of education pursuant to subsection (6) of this section. In addition, the school district department of education may choose to reimburse the pupil or the pupil's parent or guardian for the amount of tuition paid for the third and each additional course per academic term. (b.5) (Deleted by amendment, L. 98, p. 131,  3, effective March 27, 1998.) (c) It shall be the decision of the school district whether or not the student should receive high school credit for the courses offered by the institution of higher education. (5) Nothing in this article shall be construed to restrict the ability of institutions of higher education to offer independently courses for college credit independently and outside of the regular school day using school district facilities. (6) Upon passage of any postsecondary course in which a pupil enrolls pursuant to this section, the pupil, or the pupil's parent or guardian, shall present evidence of such passage to the school district department of education and shall receive reimbursement from the school district department of education for the amount of tuition paid for such the course. (7) The provisions of this article shall not apply to any course that is offered under the statewide extended studies program established under section 23-1-109, C.R.S. (8) (a) The school district department of education shall pay the tuition required under subparagraph (III) of paragraph (a) of subsection (3) of this section and tuition for the first two courses per academic term under paragraph (b) of subsection (4) of this section for any pupil who: (I) Is eligible for free or reduced-cost lunch pursuant to the provisions of the federal "National School Lunch Act", 42 U.S.C. sec. 1751 et seq.; or (II) Is enrolled in a nonpublic, home-based educational program pursuant to section 22-33-104.5. (b) In addition, the school district department of education may enter into an agreement with a pupil to pay the tuition required under subparagraph (III) of paragraph (a) of subsection (3) of this section and paragraph (b) of subsection (4) of this section in situations where: (I) Payment of such tuition would constitute a financial hardship for the pupil or the pupil's parent or guardian; and (II) The pupil has shown evidence of responsibility for and commitment to successfully completing postsecondary courses. (c) Prior to paying the tuition for any pupil pursuant to this subsection (8), the school district department of education shall require the pupil and his or her parent or guardian to sign a promise to repay the amount of tuition paid by the school district department of education on the pupil's behalf if the pupil fails or otherwise does not complete the postsecondary course for any reason, without consent of the principal of the high school in which the pupil is enrolled or, if applicable, the parent or other administrator of the pupil's nonpublic, home-based educational program. (d) If any pupil for whom the school district department of education pays tuition pursuant to this subsection (8) does not complete the postsecondary course for any reason, without consent of the principal of the high school in which the pupil is enrolled or, if applicable, the parent or other administrator of the pupil's nonpublic, home-based educational program, or otherwise fails to pass the course, it shall be the responsibility of the pupil, or such the pupil's parent or guardian, to reimburse the school district department of education, as provided in the promise signed pursuant to paragraph (c) of this subsection (8), for the amount of tuition paid by the school district department of education to the institution of higher education pursuant to this article. 22-35-106. Transportation. Neither the school district of a pupil who is enrolled in an institution of higher education pursuant to the provisions of this article nor the department of education shall not be required to provide or to pay for transportation for such pupil to or from said institution of higher education. 22-35-107. Institution of higher education - enrollment - limitations. Any institution of higher education to which a pupil has applied for enrollment pursuant to the provisions of this article may allow such the pupil to enroll in courses offered by such the institution of higher education. Any institution of higher education may limit the number of such pupils which that the institution allows to enroll. Except as otherwise provided in section 22-35-105 (2), any pupil who is allowed to enroll pursuant to the provisions of this article shall be included in the number of full-time equivalent students enrolled in the institution of higher education for the purpose of any limitation imposed on the total number of full-time equivalent students which may enroll in such the institution of higher education. 22-35-108. Exclusion - summer school. The provisions of this article shall not apply to pupils enrolled in institutions of higher education during the period from the termination of the regular school term in the spring until the regular school term convenes in the fall. 22-35-109. Department of education - distribution of information. Every school district The department of education shall make information available on its web site and to the pupils enrolled in the school district and to their parents about all schools, public and private, within the boundaries of the state concerning the postsecondary enrollment options for eligible pupils pursuant to the provisions of this article. 22-35-110. Report to general assembly. (Repealed) 22-35-111. Rules. The state board of education may make such reasonable rules and regulations as it deems necessary for the administration of this article. SECTION 2. Act subject to petition - effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution, (August 4, 2009, if adjournment sine die is on May 6, 2009); except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.