HOUSE 3rd Reading Unamended April 7, 2015 HOUSE Amended 2nd Reading April 6, 2015First Regular Session Seventieth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 15-0702.01 Julie Pelegrin x2700 HOUSE BILL 15-1146 HOUSE SPONSORSHIP Wilson, SENATE SPONSORSHIP Todd, House Committees Senate Committees Education Appropriations A BILL FOR AN ACT Concerning creation of the Colorado student leaders institute, and, in connection therewith, making an appropriation. 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 creates the Colorado student leaders institute (institute), which is an annual, 4-week, summer residential educational program for students who have just completed ninth or tenth grade. The institute is hosted by the university of Colorado at Denver (university). The institute combines courses, lectures, and seminars, with enrichment classes in music, art, and theater. Students who participate in the institute must also complete a history research project as part of a competition held during the institute and complete a public service practicum. Each student who successfully completes the institute will receive 3 hours of postsecondary academic credit from the university. To apply to the institute, a student who attends a public school that is not a charter school must be nominated by the superintendent of the school district in which the student enrolls. A student who attends a charter school or a private school must be nominated by the school principal. The institute is overseen by an executive board that consists of senators and representatives appointed by the senate president and the speaker of the house; educators and persons from the community who are appointed by the governor; and the chancellor of the university, the commissioner of education, and the executive director of the department of higher education, or their designees. The executive board reviews applications and selects students to participate in the institute, selects the faculty and courses for the institute, and appoints an executive director to manage the institute. The executive board may also appoint an advisory board to assist in raising funds and marketing for the institute. The executive director is responsible for contracting with the university, creating the application and establishing timelines for submitting applications and selecting participants, soliciting faculty members for the institute, and counseling students who participate in the institute, through the first year in which they enroll in a postsecondary institution. With the executive board's approval, the executive director may hire additional persons to assist with counseling. The institute is funded by appropriations, which may include appropriations from the state education fund. In addition, the executive board may accept gifts, grants, and donations for the operations of the institute. The institute is repealed, effective July 1, 2019. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, add article 97 to title 22 as follows: ARTICLE 97 Colorado Student Leaders Institute 22-97-101. Legislative declaration. (1) The general assembly finds that: (a) The state is committed to increasing the number of students who graduate from a Colorado high school, enroll in a Colorado institution of higher education, and graduate with a postsecondary credential in two to four academic years; (b) Several states have implemented a summer residential education program for high school students who demonstrate exceptional intellectual curiosity, creativity, and maturity. While participating in the summer program, students attend classes, lectures, seminars, concerts, art exhibits, theatrical performances, and films and have the opportunity to learn independently and from distinguished faculty, staff members, and guest lecturers. (c) The summer residential education programs implemented in other states have: (I) Successfully developed a civic voice among the states' best students so that they graduate from high school as civic participants; (II) Prepared motivated students to participate in a competitive workforce; (III) Helped to create young leaders who are energized to find solutions for the pressing issues facing their states; and (IV) Motivated students to remain in their home states for their postsecondary education and careers; and (d) A high percentage of the students who have participated in the summer residential education programs have subsequently enrolled in postsecondary education in their home states and earned a baccalaureate degree in four years. (2) The general assembly finds, therefore, that it is in the best interests of the state to establish the Colorado student leaders institute using the model of summer residential education programs implemented in other states and to appropriate state moneys to ensure the successful operations of the institute for the benefit of Colorado high school students. (3) The general assembly further finds that, for purposes of section 17 of article IX of the state constitution, the Colorado student leaders institute is an accountable program that assists students in meeting state academic standards and may therefore receive funding from the state education fund created in section 17 (4) of article IX of the state constitution. 22-97-102. Definitions. As used in this article, unless the context otherwise requires: (1) "Executive board" means the executive board of the Colorado student leaders institute appointed pursuant to section 22-97-104. (2) "Executive director" means the executive director of the institute appointed by the executive board pursuant to section 22-97-104 (3) (b). (3) "Institute" means the Colorado student leaders institute created in section 22-97-103. 22-97-103. Colorado student leaders institute - created - applications. (1) There is created the Colorado student leaders institute, which is a competitive residential summer academic program for students who are entering tenth or eleventh grade in the coming fall semester. The institute operates for four weeks each summer during which time students who are accepted to the institute attend college-level classes, lectures, and seminars as well as enrichment activities, including concerts and theatrical productions. The institute shall not charge tuition, room and board, or other fees. Subject to available appropriations, up to one hundred thirty-six students may participate in the institute in 2015 and 2016 and up to one hundred ninety-two students may participate in the institute in 2017 and 2018. (2) (a) The institute shall annually offer classes in at least the following three areas: (I) Science, technology, engineering, arts, and mathematics; (II) Language arts; and (III) Global studies. (b) The institute shall annually provide enrichment activities for students who participate in the institute, which must include but need not be limited to activities relating to visual expression and music appreciation. (c) In addition to participating in classes and enrichment activities, students who participate in the institute must: (I) Complete a history research project for a competition held during the term of the institute; and (II) Complete a public service practicum that includes a final report of findings and recommendations to the general assembly for legislative action. (3) (a) To apply to participate in the institute: (I) A student who is enrolled in a public school that is not a charter school must be nominated by the superintendent of the school district in which the student is enrolled; and (II) A student who is enrolled in a charter school or in a private school must be nominated by the principal of the school. (b) A student who is nominated must submit an application to the executive board that is in the form and meets the requirements established by the executive director. (4) A student who is accepted to the institute and who is eligible for free or reduced-price lunch pursuant to the "National School Lunch Act", 42 U.S.C. sec. 1751 et seq., may apply to the executive board for a stipend to cover the roundtrip cost of transportation from the student's home to the institute. Subject to available appropriations, the executive board shall award the travel stipends to eligible students in the order in which it receives applications. (5) The institution of higher education that the executive director selects pursuant to section 22-97-104 (4) (b) to host the institute shall award three hours of postsecondary academic credit to each student who successfully completes the institute. The school district or high school in which each student is enrolled is encouraged to apply the academic credit hours that a student receives for completing the institute toward completing the student's high school graduation requirements. 22-97-104. Colorado student leaders institute - executive board - executive director - duties. (1) An executive board appointed pursuant to subsection (2) of this section shall oversee the operations of the institute, including supervising the executive director appointed pursuant to paragraph (b) of subsection (3) of this section and annually selecting students to participate in the institute. (2) (a) The executive board consists of fourteen members as follows: (I) The president of the senate shall appoint two senators to serve as members of the executive board, one of whom is a member of the majority party and one of whom is a member of the minority party. In appointing a minority party member, the president shall consult with the senate minority leader. (II) The speaker of the house of representatives shall appoint two representatives to serve as members of the executive board, one of whom is a member of the majority party and one of whom is a member of the minority party. In appointing a minority party member, the speaker shall consult with the house minority leader. (III) The governor shall appoint seven persons to serve as members of the executive board as follows: (A) Two persons who are employed as teachers in public high schools, one of whom is employed in a rural school district; (B) Two persons who are employed as teaching faculty in a Colorado institution of higher education; and (C) Three persons from the community who have interest and experience in education. (IV) The commissioner of education, or his or her designee, the executive director of the department of higher education, or his or her designee, and the chief administrative officer of the institution of higher education that hosts the institute, or his or her designee, shall serve as members of the executive board. (b) The appointed members of the executive board serve two-year terms and may be appointed to successive two-year terms. If a vacancy arises on the executive board, the original appointing authority shall appoint a person to fill the vacancy for the remainder of the term. (c) The members of the executive board serve without compensation and without reimbursement for expenses. (d) The president of the senate, the speaker of the house of representatives, and the governor shall appoint members to the executive board no later than July 1, 2015. In making appointments, the governor shall ensure that the persons appointed are representative of the gender and racial diversity within the state and that they represent areas throughout the state. (3) The executive board has the following duties and powers: (a) The executive board shall oversee and direct the operations of the institute, including reviewing the student applications received, annually selecting students to participate in the institute, and annually selecting the faculty and courses for the institute, taking into account the recommendations of the executive director. In reviewing applications and selecting students to participate in the institute, the executive board shall ensure that: (I) At least fifty percent of the students selected to attend the institute each year: (A) Are eligible for free or reduced-cost lunch pursuant to the federal "National School Lunch Act", 42 U.S.C. sec. 1751 et seq.; or (B) Would be the first generation in their immediate families to attend an institute of higher education; and (II) At least two students from each county in the state are selected to participate in each of years 2015 and 2016 and three students from each county in the state are selected to participate in each of years 2017 and 2018. (b) (I) The executive board shall appoint an executive director to manage the institute and shall oversee the work of the executive director. Pursuant to section 13 (2) of article XII of the state constitution, the position of executive director is declared to be educational in nature and not under the state personnel system. The executive director serves as an independent contractor whose annual pay under the contract in each year shall not exceed the average salary of all teachers employed in public secondary schools throughout the state for that year. The person appointed to be the executive director must: (A) Be a current or former educator in Colorado who has experience teaching in a high school classroom or employed as teaching faculty at a Colorado institution of higher education; (B) Demonstrate experience organizing, administering, and marketing education programs; and (C) Demonstrate experience in counseling students enrolled in grades nine through twelve. (II) (A) Except as otherwise provided in sub-subparagraph (B) of this subparagraph (II), a person who applies to be the executive director must, at the time of applying, submit to the Colorado bureau of investigation a complete set of the applicant's fingerprints, taken by a qualified law enforcement agency, to obtain a fingerprint-based criminal history record check through the Colorado bureau of investigation and the federal bureau of investigation to determine whether the applicant has a criminal history. The applicant shall pay to the Colorado bureau of investigation the fee established by the bureau for conducting the criminal history record check. Upon completion of the criminal history record check, the bureau shall forward the results to the executive board. (B) In lieu of the requirements of sub-subparagraph (A) of this subparagraph (II), a person may submit with his or her application documentation from the department of education that demonstrates that the person holds an active educator's license that is issued pursuant to article 60.5 of this title and that the license is in good standing. (c) The executive board may appoint an advisory board consisting of persons in the community who are supportive of education to assist the executive board in marketing the institute and soliciting public and private gifts, grants, and donations for the institute. Any persons appointed to an advisory board pursuant to this paragraph (c) serve without compensation and without reimbursement for expenses. (4) The executive director has the following duties: (a) To manage the operations of the institute; (b) To issue a request for proposals for a public or private institution of higher education to host the institute, which includes but is not limited to providing space for classes, lectures, and seminars and providing living and eating facilities for students who participate in the institute. The executive director, with the approval of the executive board, shall select and enter into a contract on behalf of the institute with the public or private institution of higher education in accordance with the applicable provisions of the "Procurement Code", articles 101 to 112 of title 24, C.R.S. The institute may enter into a multi-year contract with a public or private institution of higher education, subject to annual review and renewal. (c) To establish requirements for and create the form of the applications that students submit to participate in the institute and establish the timelines for submitting applications and selecting participants; (d) To annually solicit educators to participate as faculty for the institute and annually recommend to the executive board faculty and courses for the institute; (e) To provide educational and career counseling for students who participate in the institute, continuing through each student's first year of postsecondary enrollment. If the number of students to whom the executive director provides counseling exceeds two hundred fifty students, the executive director, with the approval of the executive board, may hire one or more persons to assist in counseling students. Any person hired pursuant to this paragraph (e) must comply with the requirements specified in subparagraph (II) of paragraph (b) of subsection (3) of this section. (f) To perform any additional tasks that the executive board may assign as necessary to implement the institute. 22-97-105. Colorado student leaders institute - funding - cash fund created. (1) The general assembly shall annually appropriate moneys to the department of education to pay the direct and indirect costs that the executive board and the executive director incur in operating the institute, including but not limited to costs relating to the executive director and any additional persons the executive board may hire pursuant to section 22-97-103 (4) (e), the institution that the institute contracts with pursuant to section 22-97-103 (4) (b), and stipends for the institute faculty members. (2) In addition to the amount appropriated pursuant to subsection (1) of this section, the executive board, with the assistance of an advisory board if appointed, may solicit, accept, and expend public or private gifts, grants, or donations to implement the institute. The executive board shall transmit any moneys that it receives pursuant to this section to the state treasurer. The state treasurer shall deposit the moneys in the Colorado student leaders institute cash fund, referred to in this section as the "cash fund", which is created in the state treasury. The moneys in the cash fund are continuously appropriated to the executive board for the direct and indirect costs incurred in implementing the institute. The state treasurer may invest as provided by law any moneys in the cash fund that are not expended for the purposes of this article. The state treasurer shall credit to the cash fund all interest and income derived from the investment and deposit of moneys in the cash fund. Any unexpended and unencumbered moneys remaining in the cash fund at the end of a fiscal year must remain in the cash fund and shall not be credited to another fund; except that the state treasurer shall credit any unexpended and unencumbered moneys remaining in the fund as of June 30, 2019, to the state education fund created in section 17 (4) of article IX of the state constitution. (3) The department of education shall act as the fiscal agent for the institute. The commissioner of education, or his or her designee, shall approve all expenditures that the executive board or the executive director incurs and pay the expenditures by vouchers and warrants drawn as provided by law from moneys appropriated to the department of education pursuant to subsection (1) of this section or from moneys credited to the cash fund pursuant to subsection (2) of this section. 22-97-106. Repeal of article. This article is repealed, effective July 1, 2019. SECTION 2. Appropriation. For the 2015-16 state fiscal year, $356,260 is appropriated to the department of education. This appropriation is from the state education fund created in section 17 (4) (a) of article IX of the state constitution and is based on an assumption that the department will require an additional 1.2 FTE. To implement this act, the department may use this appropriation for the Colorado student leaders institute. SECTION 3. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.