Second Regular Session Sixty-eighth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 12-0730.01 Jane Ritter x4342 SENATE BILL 12-106 SENATE SPONSORSHIP King K., HOUSE SPONSORSHIP (None), Senate Committees House Committees Education A BILL FOR AN ACT Concerning education. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) The bill adds a fourth performance indicator for school and workforce readiness to reflect the number of students who, upon enrollment in an institution of higher education, require remediation course work. Early colleges are added to those institutions that have a guaranteed transfer of core course credits to public institutions of higher education, provided they meet the requirements established by the department of higher education. Early colleges that have been accredited by the department of higher education are granted the authority to award degrees. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 22-11-204, amend (4) as follows: 22-11-204. Performance indicators - measures. (4) The department shall determine the level of attainment of each public high school, each school district, the institute, and the state as a whole on the postsecondary and workforce readiness indicator by using, at a minimum, the following measures: (a) For each public high school, the department shall calculate: (I) The percentages of students enrolled in the eleventh grade in the public high school who score at each achievement level on the standardized, curriculum-based, achievement, college entrance examination administered as a statewide assessment or the percentages of students enrolled in each of the grade levels included in the public high school who score at each achievement level on the postsecondary and workforce readiness assessments administered by the public high school; (II) Beginning with the 2011-12 school year and for each school year thereafter, the percentage of students graduating from the public high school who receive a diploma that includes a postsecondary and workforce readiness endorsement as described in section 22-7-1009 (1) and the percentage who receive a diploma that includes an endorsement for exemplary demonstration of postsecondary and workforce readiness as described in section 22-7-1009 (2); and (III) The graduation and dropout rates, as defined by rule of the state board; and (IV) The number of students who, upon enrollment in an institution of higher education, need remediation course work, as reported by the department of higher education pursuant to section 23-1-113, C.R.S. (b) For each school district and the institute, the department shall calculate: (I) The overall percentages of students enrolled in the eleventh grade in all of the district public high schools or all institute charter high schools who score at each achievement level on the standardized, curriculum-based, achievement, college entrance examination administered as a statewide assessment or the percentages of students enrolled in each of the grade levels included in the public high schools who score at each achievement level on the postsecondary and workforce readiness assessments administered by the public high schools; (II) Beginning with the 2011-12 school year and for each school year thereafter, the overall percentage of all students graduating from the district public high schools or from the institute charter high schools who receive diplomas that are endorsed for postsecondary and workforce readiness as described in section 22-7-1009 (1) and the percentage who receive diplomas that are endorsed for exemplary demonstration of postsecondary and workforce readiness as described in section 22-7-1009 (2); and (III) The overall graduation and dropout rates, as defined by rule of the state board, for the district public high schools or the institute charter high schools; and (IV) The number of students who, upon enrollment in an institution of higher education, need remediation course work, as reported by the department of higher education pursuant to section 23-1-113, C.R.S. (c) For the state, the department shall calculate: (I) The percentages of students enrolled in the eleventh grade in public high schools statewide who score at each achievement level on the standardized, curriculum-based, achievement, college entrance examination administered as a statewide assessment or the percentages of students enrolled in each of the grade levels included in the public high schools statewide who score at each achievement level on the postsecondary and workforce readiness assessments administered by the public high schools; (II) Beginning with the 2011-12 school year and for each school year thereafter, the overall percentage of all students graduating from the public high schools in the state who receive diplomas that are endorsed for postsecondary and workforce readiness as described in section 22-7-1009 (1) and the percentage who receive diplomas that are endorsed for exemplary demonstration of postsecondary and workforce readiness as described in section 22-7-1009 (2); and (III) The statewide graduation and dropout rates, as defined by rule of the state board, for the public high schools in the state; and (IV) The number of students who, upon enrollment in an institution of higher education, need remediation course work, as reported by the department of higher education pursuant to section 23-1-113, C.R.S. SECTION 2. In Colorado Revised Statutes, 23-1-125, amend (5) as follows: 23-1-125. Commission directive - student bill of rights - degree requirements - implementation of core courses - competency test. (5) Nonpublic institutions of higher education - early colleges. (a) (I) A nonpublic institution of higher education or early college may choose to conform its core course requirements with, or adopt core course requirements that meet, the general education course guidelines developed by the department pursuant to subsection (3) of this section and identify the specific courses that meet the general education course guidelines. The nonpublic institution of higher education or early college may require all of the students enrolled in the institution or early college to take the core course requirements that are conformed or adopted as provided in this paragraph (a) or may require only those students who are concurrently enrolled, pursuant to article 35 of title 22, C.R.S., in a high school and in the nonpublic institution of higher education or early college to take said core course requirements. (II) The core course requirements that a nonpublic institution of higher education or early college conforms or adopts pursuant to this paragraph (a) shall comply with the number of credit hours required by the department and shall include courses in each of the subject areas identified by the department. The nonpublic institution of higher education or early college shall submit to the department a description of its core course requirements with the initial review fee established pursuant to paragraph (c) of this subsection (5), and the department shall determine whether the nonpublic institution's or early college's core course requirements comply with the department's general education course guidelines. If the department determines that the nonpublic institution of higher education's or early college's core course requirements comply with the guidelines, then the nonpublic institution's or early college's core course credits shall be transferable to public institutions of higher education, and the nonpublic institution of higher education or early college shall accept transfers of core course credits from the public institutions of higher education. (b) A nonpublic institution of higher education or early college that chooses to seek transferability of its core course credits pursuant to paragraph (a) of this subsection (5) shall, prior to the beginning of each academic year in which it seeks transferability, allow the department to review its general education core course requirements and its general education courses to ensure that they continue to meet the general education core course guidelines. The department may assess a fee as provided in paragraph (c) of this subsection (5) to offset the costs of the annual review. (c) The commission, in consultation with the department, shall establish the amounts of the initial review fee and the annual review fee of a nonpublic institution of higher education's or early college's general education core course requirements and core courses, which amounts shall not exceed the direct and indirect costs incurred by the department in initially reviewing and in annually reviewing the nonpublic institution's or early college's general education core course requirements and core courses. The department is authorized to collect the fees from nonpublic institutions of higher education or early colleges as provided in paragraphs (a) and (b) of this subsection (5). (d) On or before March 1, 2016, the commission shall submit to the education committees of the senate and the house of representatives, or any successor committees, a report concerning the implementation of this subsection (5). At a minimum, the report shall include: (I) The names of the nonpublic institutions of higher education and early colleges that are participating in the general education core course requirements; (II) The number of students who have transferred core course credits to or from a nonpublic institution of higher education or early college; (III) Any issues that have arisen in the course of implementing this subsection (5); and (IV) Any recommendations for changes to this subsection (5). (e) As used in this subsection (5), "nonpublic institution of higher education" means an educational institution operating in this state that: (I) Does not receive state general fund moneys in support of its operating costs; (II) Admits as regular students only persons having a high school diploma or the recognized equivalent of a high school diploma; (III) Is accredited by a regional accrediting agency or association; (IV) Provides an educational program for which it awards a bachelor's degree or a graduate degree; (V) Is authorized by the department of higher education to do business in Colorado pursuant to section 23-2-103.3; (VI) Maintains a physical campus or instructional facility in Colorado; and (VII) Has been determined by the United States department of education to be eligible to administer federal financial aid programs pursuant to Title IV of the federal "Higher Education Act of 1965", as amended. (f) As used in this subsection (5), "early college" shall have the same meaning as set forth in section 22-35-103 (10), C.R.S. SECTION 3. In Colorado Revised Statutes, 23-2-102, add (1.7) as follows: 23-2-102. Definitions. As used in this article, unless the context otherwise requires: (1.7) "Early college" means any school defined in section 22-35-103 (10), C.R.S., or any other institution doing business or maintaining a place of business in the state that offers courses of instruction or study for which credits may be earned and applied toward a degree in a field of endeavor and that has been accredited as an early college by the department. SECTION 4. In Colorado Revised Statutes, amend 23-2-103 as follows: 23-2-103. Awarding degrees. Notwithstanding the provisions of section 7-50-105, C.R.S., or any other law to the contrary, no person, partnership, corporation, company, society, or association doing business in the state of Colorado shall award, bestow, confer, give, grant, convey, or sell to any other person a degree or honorary degree upon which is inscribed, in any language, the word "associate", "bachelor", "baccalaureate", "master", or "doctor", or any abbreviation thereof, or offer courses of instruction or credits purporting to lead to any such degree, except a state college or university, a private college or university, a private occupational school, an early college, or a seminary or bible college and except a school, college, or university which offers courses of instruction or study in compliance with standards prescribed by articles 2, 4, 22, 25, 32, 33, 35, 36, 38, 40, 41, 43, and 64 of title 12, C.R.S. SECTION 5. Act subject to petition - effective date. This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 8, 2012, if adjournment sine die is on May 9, 2012); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2012 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.