Second Regular Session Seventieth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 16-0639.01 Julie Pelegrin x2700 HOUSE BILL 16-1128 HOUSE SPONSORSHIP Lundeen, Carver, Priola, Becker J. SENATE SPONSORSHIP (None), House Committees Senate Committees Education A BILL FOR AN ACT Concerning equalizing student access to concurrent enrollment. 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 amends the existing "Concurrent Enrollment Programs Act" to require all school districts, charter schools, and BOCES schools (local education providers) and all public institutions of higher education to provide concurrent enrollment opportunities for qualified students enrolled in high school. A qualified student who seeks to concurrently enroll in one or more postsecondary courses must apply to the school district superintendent or, if the qualified student is enrolled in a charter school or school operated by a board of cooperative services (BOCES school), to the school principal, specifying the institution of higher education and the postsecondary course or courses in which the qualified student seeks to enroll. The superintendent or principal may deny the qualified student's request to concurrently enroll only on the basis of documented evidence that the qualified student is not behaviorally or academically prepared to enroll in postsecondary courses. If a superintendent or principal denies a qualified student's request to enroll, the denial must be in writing with the reasons for the denial. The qualified student may appeal the denial to the governing board of the local education provider, and the governing board shall consider the appeal no later than the next regular meeting. If the governing board denies the appeal, the qualified student may appeal the denial to the state board of education, and the state board shall consider the appeal no later than its next regular meeting. Each local education provider must publicize the availability of concurrent enrollment to students and parents at least twice each school year. Under existing law, a local education provider may enter into a cooperative agreement with one or more institutions of higher education. In addition to other provisions, the terms of the cooperative agreement must specify the amount of tuition that the local education provider pays to the institution of higher education, which generally does not exceed the local community college tuition rate. Under the bill, cooperative agreements are no longer required, and issues that were previously required to be addressed in cooperative agreements are specified in the bill. If a qualified student concurrently enrolls, the local education provider that enrolls the qualified student must pay to the enrolling institution of higher education an amount equal to 5% of the local education provider's per pupil revenue for each credit hour in which the qualified student enrolls. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 22-35-102, amend (1) (g) as follows: 22-35-102. Legislative declaration. (1) The general assembly hereby finds that: (g) All of the state's high schools should eventually must develop equitable access to concurrent enrollment programs to provide the infrastructure necessary to improve high school retention, to motivate young people to take seriously the need to become postsecondary- and workforce-ready, and to accelerate students' progress toward a postsecondary credential. SECTION 2. In Colorado Revised Statutes, 22-35-103, add (13.3) as follows: 22-35-103. Definitions. As used in this article, unless the context otherwise requires: (13.3) "Per pupil revenue" means: (a) For a school district, the amount of the school district's total program for the applicable budget year, as calculated pursuant to section 22-54-104, divided by the school district's funded pupil count, as defined in section 22-54-103, for the applicable budget year; (b) For a BOCES, the per pupil revenue of the school district that includes the student who is enrolled in the high school operated by the BOCES in its pupil enrollment for the applicable budget year; (c) For a district charter school, the amount of funding that the district charter school receives for the applicable budget year, as calculated pursuant to section 22-30.5-112 or 22-30.5-112.1, whichever applies, divided by the number of pupils enrolled in the district charter school for the applicable budget year; and (d) For an institute charter school, the amount of funding that the institute charter school receives for the applicable budget year, as calculated pursuant to section 22-30.5-513, divided by the number of pupils enrolled in the institute charter school for the applicable budget year. SECTION 3. In Colorado Revised Statutes, add 22-35-103.5 as follows: 22-35-103.5. Concurrent enrollment - availability. (1) Each local education provider shall allow qualified students enrolled by the local education provider to concurrently enroll in institutions of higher education in accordance with this article. Each local education provider shall pay to the enrolling institution of higher education the amount described in section 22-35-105 for each qualified student who enrolls in a postsecondary course; except that this article does not require a local education provider to expend an amount of money for concurrent enrollment in a budget year that exceeds the amount the local education provider receives as the state share of total program pursuant to the "Public School Finance Act of 1994", article 54 of this title, for the budget year. A local education provider that is a district charter school is deemed to receive from the state a percentage of its per pupil revenue, as calculated pursuant to section 22-30.5-112 or 22-30.5-112.1, that is equal to the percentage of total program that the district charter school's authorizer receives as state share pursuant to section 22-54-106. (2) Each public institution of higher education shall allow qualified students to concurrently enroll in postsecondary courses, including academic or career and technical education courses, which may include course work related to apprenticeship programs or internship programs, in accordance with this article. Each public institution of higher education that concurrently enrolls a qualified student is eligible to receive payment of a stipend from the college opportunity fund program, part 2 of article 18 of title 23, C.R.S., on behalf of the qualified student in addition to the amount paid by the local education provider pursuant to section 22-35-105. (3) Each private institution of higher education is encouraged to allow qualified students to concurrently enroll in postsecondary courses, including academic or career and technical education courses, which may include course work related to apprenticeship programs or internship programs, in accordance with this article. A private institution of higher education that concurrently enrolls a qualified student is eligible to receive payment of fifty percent of a stipend from the college opportunity fund program, part 2 of article 18 of title 23, C.R.S., on behalf of the qualified student, if the private institution of higher education is participating in the college opportunity fund program, in addition to the amount paid by the local education provider pursuant to section 22-35-105. SECTION 4. In Colorado Revised Statutes, 22-35-104, amend (1) (a), (1) (b), (2) (a) (III), (2) (b), (2) (c), (3), (4) (a), (6), (7), (8), and (9); repeal (10); and add (2) (b.3) and (2) (b.5) as follows: 22-35-104. Enrollment in an institution of higher education. (1) (a) A qualified student enrolled in a high school of a school district who has applied to and received approval from the superintendent of the school district or his or her designee, or a qualified student enrolled in a district charter school, an institute charter school, or a high school of a BOCES who has applied to and received approval from the chief administrator of the district charter school, an institute charter school, or a high school of a BOCES, pursuant to subsection (2) of this section may, in accordance with the provisions of this article, register with and concurrently enroll in an institution of higher education in accordance with the provisions of this article selected by the qualified student. (b) Each local education provider shall annually notify all students and parents or legal guardians of students enrolled in the local education provider of the opportunity for concurrent enrollment by qualified students in postsecondary courses, including academic courses and career and technical education courses, which may include course work related to apprenticeship programs and internship programs. Each local education provider shall provide the notice at least twice during each school year. (2) (a) (III) In applying for concurrent enrollment approval, a qualified student shall use the standard application form created and made publicly available by his or her local education provider pursuant to paragraph (c) of this subsection (2). At a minimum, the qualified student must specify in the application the institution of higher education and the course or courses in which the qualified student seeks to enroll. (b) If a superintendent of a school district, the superintendent's designee, or a chief administrator of a district charter school, institute charter school, or high school of a BOCES receives a timely application from a qualified student pursuant to paragraph (a) of this subsection (2), the superintendent, superintendent's designee, or chief administrator of a district charter school, institute charter school, or high school of a BOCES shall approve or disapprove the application and notify the student of the decision within thirty days after receiving the application. In considering applications, the superintendent, designee, or chief administrator shall give priority consideration to qualified students who, by the time they would concurrently enroll, will have completed the high school graduation requirements and are applying for concurrent enrollment to begin earning credits toward a postsecondary degree or certificate or, if required to complete basic skills courses, to complete the courses during the remainder of the twelfth-grade year may deny a student's application only if there is valid, documented evidence that the student is behaviorally or academically unprepared to enroll in postsecondary course work. If a superintendent, designee, or chief administrator denies a student's application, the superintendent, designee, or chief administrator must provide the denial and the reasons for the denial in writing to the student and the student's parents. (b.3) Within ten days after a superintendent, designee, or chief administrator denies a student's application, the student may submit to the governing board of the local education provider in which the student is enrolled a notice of appeal that includes the written denial of the student's application. The student must also file the notice of appeal with the superintendent, designee, or chief administrator within ten days after the denial. Within five days after receiving the notice of appeal, the superintendent, designee, or chief administrator shall submit to the governing board the documented evidence upon which the denial is based. The governing board shall decide whether to reverse or uphold the denial no later than the next regular meeting of the governing board. The governing board may uphold the denial only if it finds after a de novo review that there is valid, documented evidence that the student is behaviorally or academically unprepared to enroll in postsecondary course work. If the governing board reverses the denial, it shall notify the superintendent, designee, or chief administrator, and the superintendent, designee, or chief administrator shall approve the student's application. (b.5) Within ten days after a governing board upholds the denial of a student's application, the student may submit to the state board a notice of appeal that includes the original written denial of the application. The student must also file the notice of appeal with the superintendent, designee, or chief administrator within ten days after the governing board upholds the denial. Within five days after receiving the notice of appeal, the superintendent, designee, or chief administrator shall submit to the state board the documented evidence upon which the denial is based. The state board shall decide whether to reverse or uphold the denial no later than the next regular meeting of the state board. The state board may uphold the denial only if it finds after a de novo review that there is valid, documented evidence that the student is behaviorally or academically unprepared to enroll in postsecondary course work. If the state board reverses the denial, it shall notify the superintendent, designee, or chief administrator, and the superintendent, designee, or chief administrator shall approve the student's application. (c) On or before July 1, 2011, and thereafter, Each local education provider that has entered into a cooperative agreement shall create and make publicly available a standard concurrent enrollment application form for use by a qualified student pursuant to this subsection (2). In creating the application form, the local education provider shall refer to the guidelines established by rules promulgated by the state board pursuant to section 22-35-111 (1) (a). The application form shall must require, at a minimum, a qualified student to specify the institution of higher education and the courses in which he or she seeks to concurrently enroll. (3) A qualified student who seeks to concurrently enroll in an institution of higher education shall must establish, in consultation with the administration of his or her local education provider, an academic plan of study that describes all of the courses that the student intends to complete to satisfy his or her remaining requirements for graduation from the local education provider. Prior to Before the qualified student's concurrent enrollment student may concurrently enroll in the institution of higher education, the principal, a counselor, or a teacher advisor of the qualified student's local education provider shall must approve the academic plan of study. In approving an academic plan of study, a principal, counselor, or teacher advisor shall apply the guidelines established by rules promulgated by the state board pursuant to section 22-35-111 (1) (b). If a qualified student's plan of study is not approved, the student may rewrite the plan of study to cure the defects and resubmit the plan of study for approval. (4) (a) A qualified student who intends to concurrently enroll in a postsecondary course, including an academic course or a career and technical education course, at an institution of higher education shall must satisfy the minimum prerequisites for the course prior to his or her enrollment before enrolling in the course. (6) (a) A local education provider that seeks to allow students to concurrently enroll in postsecondary courses, including academic courses and career and technical education courses, which may include course work related to apprenticeship programs and internship programs, at an institution of higher education shall may enter into a cooperative agreement agreements with the institution one or more institutions of higher education to address issues that are not governed by this article and that are related to the concurrent enrollment of qualified students enrolled by the local education provider. (b) A cooperative agreement must include, but need not be limited to: A local education provider and an institution of higher education shall jointly establish an academic program of study for each qualified student enrolled by the local education provider who concurrently enrolls in the institution. The academic program of study must include the academic plan of study approved under subsection (3) of this section and a plan by which the local education provider must make available to the student ongoing counseling and career planning. (I) The amount of academic credit to be granted for course work successfully completed by a qualified student concurrently enrolled in the institution of higher education; (II) A requirement that course work completed by a qualified student through concurrent enrollment at the institution of higher education qualify as basic skills credit or academic credit applicable toward earning a degree or certificate at the institution; (III) A requirement that the local education provider pay the tuition for each course completed by a qualified student through concurrent enrollment at the institution of higher education in an amount that shall be negotiated by the local education provider and the institution pursuant to the provisions of section 22-35-105 (3); (IV) A requirement that the local education provider and the institution of higher education establish an academic program of study for each qualified student who concurrently enrolls in the institution, which academic program of study shall include the academic plan of study established pursuant to subsection (3) of this section and a plan by which the local education provider shall make available to the student ongoing counseling and career planning; (V) A confirmation by the local education provider of the qualified student's uniquely identifying student number, which shall be retained by the institution of higher education for the purposes described in section 23-18-202 (5) (c) (I) (B), C.R.S.; (VI) Language authorizing the payment of stipends from the college opportunity fund program, part 2 of article 18 of title 23, C.R.S., on behalf of the qualified student; except that a cooperative agreement need not include this language if the institution of higher education that is a party to the cooperative agreement does not receive stipends from the college opportunity fund program; (VII) Consideration and identification of ways in which qualified students who concurrently enroll in postsecondary courses, including academic courses or career and technical education courses, which may include course work related to apprenticeship programs and internship programs, can remain eligible for interscholastic high school activities; and (VIII) Other financial provisions that the local education provider and the institution of higher education may elect to include in the agreement pursuant to the provisions of section 22-35-105 (5). (c) An institution of higher education that enters into a cooperative agreement with a local education provider shall provide a copy of the cooperative agreement to the department of higher education, which shall retain the copy. If the cooperative agreement contemplates the provision of career and technical education courses, which may include course work related to apprenticeship programs or internship programs, to qualified students, the institution shall also provide a copy of the cooperative agreement to the state board for community colleges and occupational education, which shall retain the copy Each local education provider shall identify ways in which qualified students who concurrently enroll in postsecondary courses, including academic courses and career and technical education courses, which may include course work related to apprenticeship programs and internship programs, can remain eligible for interscholastic high school activities. (d) (I) The local education provider that enrolls a qualified student who concurrently enrolls in an institution of higher education shall confirm the qualified student's uniquely identifying student number to the enrolling institution of higher education. The institution of higher education shall retain the uniquely identifying student number for the purposes described in section 23-18-202 (5) (c) (I) (B), C.R.S. (II) The provisions of subparagraph (I) of this paragraph (d) do not apply if the enrolling institution of higher education does not participate in the college opportunity fund program. (e) Course work that a qualified student completes through concurrent enrollment at an institution of higher education qualifies as basic skills credit or academic credit applicable toward earning a degree or certificate at the institution. The institution of higher education shall credit the qualified student with the same number of credit hours for the courses completed that a student otherwise enrolled at the institution would receive for the same courses. (7) A postsecondary instructor shall not be is not 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 a qualified student who is concurrently enrolled in a course offered by an institution of higher education. (8) (a) A district charter school may elect to allow that enrolls a qualified student of the district charter school to who concurrently enroll pursuant to the provisions of a cooperative agreement that is entered into by either: enrolls in an institution of higher education is responsible for paying to the institution of higher education the amount described in section 22-35-105 for each course that the qualified student completes. (I) The school district of the district charter school and an institution of higher education; or (II) The district charter school and an institution of higher education. (b) If a district charter school elects to allow a qualified student of the district charter school to concurrently enroll pursuant to the provisions of a cooperative agreement that is entered into by the school district of the district charter school and an institution of higher education: (I) The district charter school shall be responsible for paying the tuition for each course that is completed by the qualified student pursuant to the cooperative agreement; and (II) The qualified student of the district charter school shall not concurrently enroll unless, not later than sixty days before the end of the academic term that immediately precedes the intended term of concurrent enrollment, he or she applies for approval of concurrent enrollment from the superintendent of the school district or his or her designee, and the superintendent or his or her designee grants such approval or waives this time limitation, as described in subsection (2) of this section. (c) If a district charter school elects to allow a qualified student of the district charter school to concurrently enroll as described in subparagraph (I) or (II) of paragraph (a) of this subsection (8), nothing in this article shall be interpreted to entitle the district charter school to any moneys from the school district of the district charter school other than those moneys to which the district charter school is entitled pursuant to the provisions of this title. (9) A student who concurrently enrolls at an institution of higher education pursuant to this article shall not be is not disqualified or otherwise rendered ineligible for any state-based financial assistance for which he or she would otherwise be eligible as an entering student at the institution. (10) (a) Each public institution of higher education is strongly encouraged to allow the concurrent enrollment of qualified students pursuant to this article. (b) Nothing in this article shall be interpreted to require an institution of higher education to allow the concurrent enrollment of qualified students pursuant to this article or to require an institution of higher education to enter into a cooperative agreement with a local education provider; except that an institution of higher education that elects to allow the concurrent enrollment of a qualified student pursuant to this article shall enter into a cooperative agreement with the local education provider of the student as described in subsection (6) of this section. SECTION 5. In Colorado Revised Statutes, amend 22-35-105 as follows: 22-35-105. Financial provisions - payment of tuition. (1) A cooperative agreement shall include financial provisions that satisfy the requirements of this section. (2) If a qualified student concurrently enrolls in a course offered by an institution of higher education, the institution shall be is responsible for course content, placement of the student in the course, and the quality of instruction. In addition, because the qualified student is receiving academic credit at his or her local education provider for the course pursuant to section 22-35-104 (5): (a) The qualified student shall be is included in the funded pupil count of his or her school district or, in the case of a student enrolled in an institute charter school, of the school's accounting district, as determined pursuant to the provisions of section 22-54-103 (7); and (b) The institution of higher education shall include the qualified student in determining the number of full-time equivalent students enrolled in the institution pursuant to the provisions of title 23, C.R.S. (3) (a) A cooperative agreement shall establish the tuition rate at which the local education provider shall pay the institution of higher education for any courses in which a qualified student of the local education provider concurrently enrolls at the institution. The tuition rate shall not exceed: The local education provider that enrolls a qualified student who concurrently enrolls in one or more postsecondary courses, including academic courses and career and technical education courses, shall pay to the enrolling institution of higher education an amount equal to five percent of the local education provider's per pupil revenue for the applicable budget year for each credit hour in which the qualified student enrolls. (I) For a course offered by a public community college, a public junior college, or an area vocational school, the student share of the tuition rate established for Colorado residents enrolled in the course, which tuition rate is established by the state board for community colleges and occupational education pursuant to section 23-60-202 (1) (c) (I), C.R.S.; except that, if the local education provider is located outside the boundaries of every community college service area, as assigned by the commission pursuant to section 23-60-207, C.R.S., the tuition rate shall not exceed the actual student share of the resident tuition rate of the nearest Colorado public institution of higher education. (II) For a course offered by any other institution of higher education, the student share of the tuition rate established for Colorado residents enrolled in a general studies course at a community college, which tuition rate is established by the state board for community colleges and occupational education pursuant to section 23-60-202 (1) (c) (I), C.R.S.; except that, if the local education provider is located outside the boundaries of every community college service area, as assigned by the commission pursuant to section 23-60-207, C.R.S., the tuition rate shall not exceed the actual student share of the resident tuition rate of the nearest Colorado public institution of higher education. (b) Nothing in This subsection (3) shall be interpreted to does not prohibit an institution of higher education from charging tuition or associated fees to a qualified student or his or her parent or legal guardian in addition to the tuition amount paid by the student's local education provider to the institution pursuant to paragraph (a) of this subsection (3). (4) (a) Before paying the tuition for a course in which a qualified student concurrently enrolls, the local education provider in which the qualified student is enrolled shall require the qualified student and his or her parent or legal guardian to sign a document requiring repayment of the amount of tuition paid by the local education provider for the course on the qualified student's behalf if the qualified student does not complete the course for any reason without the consent of the principal of the student's high school. (b) If a qualified student concurrently enrolled in a course for whom a local education provider pays tuition does not complete the course for any reason without the consent of the principal of the high school in which the qualified student is enrolled, the qualified student or the qualified student's parent or legal guardian shall reimburse the local education provider, as provided in the document signed pursuant to paragraph (a) of this subsection (4), for the amount of tuition paid by the local education provider for the course. (c) A local education provider may adopt a policy that requires a qualified student and his or her parent or legal guardian to sign a document prior to before the student's concurrent enrollment in a course, which document commits the student or his or her parent or legal guardian to reimburse the local education provider for the tuition amount paid by the local education provider for the course in the event that the student receives a failing grade in the course. (5) A local education provider and an institution of higher education may elect to include in their a cooperative agreement other financial provisions that are not inconsistent with the provisions of this section. SECTION 6. In Colorado Revised Statutes, 22-35-107, amend (6) introductory portion, (6) (c), and (6) (f); and repeal (6) (b) as follows: 22-35-107. Concurrent enrollment advisory board - created - membership - duties - reports - repeal. (6) The board shall have has the following duties: (b) Advising and assisting local education providers and institutions of higher education in preparing cooperative agreements; (c) Making recommendations as necessary to the general assembly, the state board, and the commission concerning the improvement or updating of state policies relating to concurrent enrollment programs, including but not limited to recommendations of policies that will allow every local education provider in the state to have adequate resources to enter into at least one cooperative agreement and recommendations of a funding allocation model, to be approved by the state board on or before July 1, 2013, in the event that the number of qualified students identified by local education providers exceeds available appropriations pursuant to section 22-35-108 (2); (f) Collaborating with persons from the department of education, the department of labor and employment, the community college system, the local district junior colleges, area vocational schools, and the Colorado work force development council created in section 24-46.3-101, C.R.S., to create a set of standard recommendations to advise and assist local education providers in creating cooperative agreements to include approving concurrent enrollment in course work related to apprenticeship programs and internship programs as options within a local education provider's concurrent enrollment program. The board shall complete the standard recommendations and make them available to local education providers by January 1, 2016. SECTION 7. In Colorado Revised Statutes, amend 22-35-109 as follows: 22-35-109. Institution of higher education - enrollment - limitations. (1) An A public institution of higher education to which a qualified student applies for concurrent enrollment may shall allow the student to enroll in courses offered by the institution, An so long as the student meets the academic requirements for each course in which the student seeks to concurrently enroll. A private institution of higher education to which a qualified student applies for concurrent enrollment may allow the student to enroll in courses offered by the institution. A private institution of higher education may limit the number of qualified students that the institution allows to enroll. (2) If an a public institution of higher education refuses to allow a qualified student to concurrently enroll in a course because the student does not meet the academic requirements for the course, the institution shall provide a written explanation of its refusal to the student and the student's local education provider. SECTION 8. In Colorado Revised Statutes, 22-35-112, amend (2) (f); and repeal (2) (a) as follows: 22-35-112. Reports. (2) On or before February 1, 2011, and on or before February 1 each year thereafter, the department and the department of higher education shall collaborate to prepare and submit to the education committees of the senate and house of representatives, or any successor committees, a report concerning the concurrent enrollment of qualified students in postsecondary courses, including academic courses and career and technical education courses, and courses related to apprenticeship programs and internship programs. The report must include, but need not be limited to: (a) The number and names of local education providers and institutions of higher education that have entered into cooperative agreements, including cooperative agreements concerning course work related to apprenticeship programs and internship programs; (f) The total tuition costs amounts paid by local education providers to institutions of higher education in the previous school year on behalf of qualified students who participated in concurrent enrollment programs in the previous school year, including subtotals for each local education provider and each institution of higher education; SECTION 9. In Colorado Revised Statutes, 22-35-109.5, amend (3) (e) as follows: 22-35-109.5. Community colleges - dropout recovery programs - definitions. (3) The agreement between a community college and a local education provider to operate a dropout recovery program pursuant to this section shall specify, at a minimum, that: (e) The local education provider shall pay the student share of the tuition for each course in which a student enrolls through the dropout recovery program in an amount negotiated by the local education provider and the community college. The local education provider and the community college may agree to additional financial provisions. that are not inconsistent with the provisions of section 22-35-105. SECTION 10. 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 10, 2016, if adjournment sine die is on May 11, 2016); 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 2016 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.