HOUSE 3rd Reading Unamended April 20, 2015 HOUSE Amended 2nd Reading April 17, 2015First Regular Session Seventieth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 15-0470.01 Julie Pelegrin x2700 HOUSE BILL 15-1326 HOUSE SPONSORSHIP Moreno and Esgar, SENATE SPONSORSHIP Garcia, House Committees Senate Committees Education A BILL FOR AN ACT Concerning prohibiting consideration of the accreditation status of an entity that awards a high school diploma in determining a student's postsecondary opportunities. 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 prohibits the Colorado commission on higher education and institutions of higher education from considering the accreditation status of the school district or the state charter school institute from which a student graduates in making admissions decisions and in awarding financial assistance, grants, and scholarships, including the college opportunity fund stipend. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 23-1-113, amend (1) (b) as follows: 23-1-113. Commission directive - admission standards for baccalaureate and graduate institutions of higher education - policy - definitions. (1) (b) The standards established for first-time admitted freshman students shall use a combination of high school academic performance indicators and national assessment test scores for eligibility criteria. The academic performance indicators may include, but are not limited to, grade point average, class rank, and content standard performance level assessments. The criteria established and the specified performance levels shall be consistent with the role and mission established for each state-supported institution of higher education. In considering the high school academic performance indicators, the commission and the governing boards may take into account the rigor of a student's high school academic preparation and the academic content of the courses taken. The academic standards shall not include consideration of the accreditation status of the Colorado school district or the Colorado institute charter school from which a first-time admitted freshman student graduates. In lieu of the established statewide criteria, each governing board may use additional criteria for up to twenty percent of the freshmen students annually admitted to each institution under the governing board's control. Students who meet the minimum criteria for admission are not guaranteed admission to the institution to which they have applied, but they are eligible for consideration. SECTION 2. In Colorado Revised Statutes, 23-3.3-102, amend (3) as follows: 23-3.3-102. Assistance program authorized - procedure - audits. (3) (a) Each state institution shall administer a financial assistance program according to policies and procedures established by the governing board of the institution. Each private institution of higher education, as defined in section 23-18-102 (9), that participates in the program of financial assistance established pursuant to this section shall administer a financial assistance program according to policies and procedures established by the governing board of the institution. Each participating nonpublic institution that is not a private institution of higher education shall administer a financial assistance program according to policies and procedures established by the commission. Each institution shall fund its assistance program using state moneys allocated to the institution and institutional moneys. (b) The policies and procedures for administering a financial assistance program shall not include consideration of the accreditation status of the Colorado school district or Colorado institute charter school from which a student graduates in determining the student's eligibility for financial assistance or the amount of financial assistance the student may receive. SECTION 3. In Colorado Revised Statutes, 23-3.3-701, amend (1) as follows: 23-3.3-701. Colorado nursing scholarship program. (1) (a) The general assembly hereby authorizes the commission to establish a nursing scholarship program. Such program shall be administered in accordance with policies and procedures established by the commission. The general assembly may appropriate annually an amount for the support of such program. (b) The policies and procedures for administering the nursing scholarship program shall not include consideration of the accreditation status of the Colorado school district or Colorado institute charter school from which a student graduates in determining the student's eligibility for or the amount of a nursing scholarship. SECTION 4. In Colorado Revised Statutes, 23-3.3-901, amend (3) (d) as follows: 23-3.3-901. Teach Colorado grant initiative created - award of grants - legislative declaration. (3) (d) The commission shall adopt such additional guidelines as may be necessary for administration of the teach Colorado grant initiative, including but not limited to the application process, criteria for awarding grants in addition to those specified in subsection (4) of this section, and the amount of grants to be awarded. The guidelines must ensure that an institution of higher education that participates in the teach Colorado grant initiative does not consider the accreditation status of the Colorado school district or Colorado institute charter school from which a student graduates in determining the student's eligibility for or the amount of a scholarship. SECTION 5. In Colorado Revised Statutes, 23-3.3-1004, add (4) (a) (II.5) as follows: 23-3.3-1004. Colorado opportunity scholarship initiative advisory board - created - duties - rules. (4) The board shall hold its first meeting on or before November 1, 2014, at a time and place to be designated by the executive director or by his or her designee. The board shall meet at least four times each year and shall carry out the following duties: (a) Promulgate rules for administration of the initiative, including but not limited to the following: (II.5) Rules that ensure that the accreditation status of the Colorado school district or Colorado institute charter school from which a student graduates is not considered in determining the student's eligibility for or the amount of a grant from the initiative; SECTION 6. In Colorado Revised Statutes, 23-3.5-103, amend (2) as follows: 23-3.5-103. Grant program authorized - administration. (2) The commission shall determine, by guideline, the institutions of higher education eligible for participation in the grant program, and each eligible institution of higher education shall recommend in-state students to the commission for receipt of a grant. The commission and an eligible institution of higher education shall not consider the accreditation status of the Colorado school district or Colorado institute charter school from which a student graduates in recommending or awarding grants to in-state students. SECTION 7. In Colorado Revised Statutes, 23-3.7-103, amend (2) as follows: 23-3.7-103. Tuition assistance grant program - authorization - administration. (2) An in-state student may apply to an eligible nonpublic institution of higher education for a grant at any time after his or her acceptance by such nonpublic institution of higher education. The commission shall award grants, out of moneys in the fund created in section 23-3.7-107, for such students to such institutions in accordance with criteria established by the commission. In establishing this criteria the commission shall include, but not be limited to, the consideration of need and merit. The criteria shall also include: (a) A prohibition against the awarding of any financial assistance pursuant to this article to a student who is pursuing a professional degree in theology; except that the prohibition described in this section shall not apply to financial assistance that is awarded to a student from a federal program, including but not limited to Title IV of the federal "Higher Education Act of 1965", 20 U.S.C. sec. 1070, as amended; and (b) A requirement that a nonpublic institution of higher education that seeks to award financial assistance to a student pursuant to this article certify that the student is not pursuing a professional degree in theology; and (c) A prohibition against considering the accreditation status of the Colorado school district or Colorado institute charter school from which a student graduates in awarding grants. SECTION 8. In Colorado Revised Statutes, 23-18-201, amend (1) as follows: 23-18-201. College opportunity fund program - creation - eligibility - guidelines. (1) (a) There is hereby created in the department of higher education the college opportunity fund program, which shall be administered by the Colorado student loan program. The college opportunity fund, created in section 23-18-202, shall be a trust fund for the benefit of eligible undergraduate students. It shall consist of a stipend for each undergraduate student in Colorado who applies for the stipend and who is admitted and registers to attend a state or participating private institution of higher education and is determined to be eligible by the Colorado student loan program to receive a stipend. An eligible undergraduate student may use the stipend for undergraduate courses and graduate-level courses that apply toward the student's undergraduate degree that are taken at a state or participating private institution of higher education at a fixed rate per credit hour, set annually by the general assembly. (b) In determining an undergraduate student's eligibility to receive a stipend, the Colorado student loan program shall not consider the accreditation status of the Colorado school district or Colorado institute charter school from which a student graduates. SECTION 9. 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.