First Regular Session

Sixty-first General Assembly

LLS NO. 97­0336.01 MNC SENATE BILL 97­032

STATE OF COLORADO

BY SENATOR Thiebaut

EDUCATION

A BILL FOR AN ACT

CONCERNING A MERIT­BASED GRANT PROGRAM FOR QUALIFIED IN­STATE STUDENTS.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments which may be subsequently adopted.)

Requires the Colorado commission on higher education to establish a merit­based grant program for qualified students attending state­supported institutions of higher education. Specifies that the program be implemented no later than the fall of 1997 for the high school graduating class of 1997. To remain eligible for the merit­based grant program, requires that students maintain a certain minimum grade point average and not be disciplined or suspended for any violations of school policy.

Requires the state to reimburse participating institutions from the general fund for the tuition amount credited to students in the merit­based grant program who are enrolled at such institutions.

Instructs the state auditor to review biennially the implementation of the merit­based grant program.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  Article 3.3 of title 23, Colorado Revised Statutes, 1995 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW PART to read:

PART 8

MERIT­BASED GRANTS FOR ACADEMIC ACHIEVEMENT

23­3.3­801.  Legislative declaration.  THE GENERAL ASSEMBLY HEREBY DECLARES THAT, BY THE YEAR 2001, ANY COLORADO RESIDENT SEEKING HIS OR HER FIRST POSTSECONDARY DEGREE SHOULD BE ABLE TO ATTEND A STATE­SUPPORTED INSTITUTION OF HIGHER EDUCATION TUITION FREE. ENSURING THAT ALL COLORADO RESIDENTS HAVE THIS OPPORTUNITY WILL BENEFIT THE CITIZENS OF THE STATE. THEREFORE, IT IS THE INTENT OF THE GENERAL ASSEMBLY IN ENACTING THIS PART 8 TO ESTABLISH THE FIRST PHASE OF AN OVERALL STATE PLAN TO ACCOMPLISH THE GOAL SET FORTH IN THIS SECTION.

23­3.3­802.  Definitions. AS USED IN THIS PART 8, UNLESS THE CONTEXT OTHERWISE REQUIRES:

(1)  "LOCAL BOARD" MEANS THE BOARD OF EDUCATION OF A SCHOOL DISTRICT.

(2)  "PARTICIPATING INSTITUTION" MEANS THE UNIVERSITY OF SOUTHERN COLORADO, 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 LOCAL DISTRICT JUNIOR COLLEGES, THE UNIVERSITY OF NORTHERN COLORADO, THE UNIVERSITY OF COLORADO AT DENVER, THE UNIVERSITY OF COLORADO AT COLORADO SPRINGS, THE UNIVERSITY OF COLORADO AT BOULDER, THE SCHOOL OF NURSING AT THE UNIVERSITY OF COLORADO HEALTH SCIENCES CENTER, COLORADO STATE UNIVERSITY, THE COLORADO SCHOOL OF MINES, AND ALL COMMUNITY COLLEGES GOVERNED BY THE STATE BOARD FOR COMMUNITY COLLEGES AND OCCUPATIONAL EDUCATION. "PARTICIPATING INSTITUTION" DOES NOT INCLUDE ANY PRIVATE INSTITUTION.

(3)  "QUALIFIED STUDENT" MEANS A STUDENT GRADUATING FROM A PUBLIC HIGH SCHOOL IN COLORADO ON OR AFTER MAY 1, 1997, WHO RANKS IN THE TOP TWENTY PERCENT OF THE CLASS, WHO HAS BEEN ACCEPTED TO ATTEND A PARTICIPATING INSTITUTION, AND WHO MEETS THE DEFINITION OF IN­STATE STUDENT IN SECTION 23­7­102 (5).

23­3.3­803.  Grant program ­ eligibility ­ procedures. (1)  THE COMMISSION SHALL ESTABLISH A MERIT­BASED GRANT PROGRAM FOR QUALIFIED STUDENTS ATTENDING PARTICIPATING INSTITUTIONS, TO BE ADMINISTERED IN ACCORDANCE WITH THIS PART 8 AND ANY RULES ESTABLISHED BY THE COMMISSION FOR THE IMPLEMENTATION OF THE PROGRAM. THE PROGRAM SHALL BE IMPLEMENTED NO LATER THAN THE FALL SEMESTER OF 1997, FOR THE HIGH SCHOOL GRADUATING CLASS OF 1997.

(2)  IN ACCORDANCE WITH PROCEDURES ESTABLISHED BY THE COMMISSION AND WITHIN THIRTY DAYS AFTER HIGH SCHOOL GRADUATION OR THE ISSUANCE OF HIGH SCHOOL DIPLOMAS, EACH LOCAL BOARD SHALL SUBMIT TO THE COMMISSION THE NAMES OF THE STUDENTS WHO RANK IN THE TOP TWENTY PERCENT OF THE GRADUATING CLASS.

(3)  THE COMMISSION SHALL SEND NOTICE OF THE MERIT­BASED GRANT PROGRAM TO EACH STUDENT IDENTIFIED BY A LOCAL BOARD. WITHIN THE TIME ESTABLISHED BY THE COMMISSION, STUDENTS WHO CHOOSE TO PARTICIPATE IN THE MERIT­BASED GRANT PROGRAM SHALL NOTIFY THE COMMISSION OF THEIR INTENT. ANY QUALIFIED STUDENT WHO CHOOSES TO PARTICIPATE IN THE PROGRAM WILL RECEIVE A MERIT­BASED GRANT IN THE FORM OF A ONE­THOUSAND­DOLLAR PER YEAR TUITION CREDIT AT A PARTICIPATING INSTITUTION AND MAY CONTINUE IN THE MERIT­BASED GRANT PROGRAM FOR THE NUMBER OF COURSE HOURS REQUIRED IN THE INSTITUTION'S COURSE CATALOGUE FOR THE STUDENT TO RECEIVE HIS OR HER FIRST POSTSECONDARY DEGREE.

(4) (a)  TO REMAIN ELIGIBLE FOR THE MERIT­BASED GRANT PROGRAM, A QUALIFIED STUDENT SHALL:

(I)  MAINTAIN A GRADE POINT AVERAGE AT A LEVEL SPECIFIED IN RULES ESTABLISHED BY THE COMMISSION; AND

(II)  NOT BE SUSPENDED OR DISCIPLINED FOR VIOLATING ANY PARTICIPATING INSTITUTION'S OR GOVERNING BOARD'S POLICY OR REGULATION.

(b)  IF A QUALIFIED STUDENT FAILS TO MAINTAIN THE CRITERIA LISTED IN PARAGRAPH (a) OF THIS SUBSECTION (4), THE PARTICIPATING INSTITUTION AT WHICH THE STUDENT IS ENROLLED SHALL SUBMIT THE STUDENT'S NAME TO THE COMMISSION AND NOTIFY THE STUDENT THAT THE STUDENT IS SUBJECT TO A HEARING TO DETERMINE WHETHER HE OR SHE IS QUALIFIED TO CONTINUE RECEIVING THE MERIT­BASED GRANT.

(c)  REMOVAL FROM THE MERIT­BASED GRANT PROGRAM SHALL BE SUBJECT TO NOTICE AND AN OPPORTUNITY TO BE HEARD BASED ON RULES ESTABLISHED BY THE COMMISSION.

(5)  THE GENERAL ASSEMBLY SHALL ANNUALLY APPROPRIATE GENERAL FUND MONEYS TO REIMBURSE PARTICIPATING INSTITUTIONS FOR THE AMOUNT OF TUITION CREDITED TO STUDENTS IN THE MERIT­BASED GRANT PROGRAM.

23­3.3­804.  Program review ­ audits. THE STATE AUDITOR OR THE STATE AUDITOR'S DESIGNEE SHALL AUDIT THE MERIT­BASED GRANT PROGRAM AT PARTICIPATING INSTITUTIONS BIENNIALLY TO REVIEW RESIDENCY DETERMINATIONS, AWARDS, PAYMENT PROCEDURES, AND ANY OTHER PRACTICES NECESSARY TO ENSURE THAT THE COMMISSION AND PARTICIPATING INSTITUTIONS ARE PROPERLY ADMINISTERING THE MERIT­BASED GRANT PROGRAM.

23­3.3­805.  Rules. THE COMMISSION SHALL PROMULGATE ANY RULES NECESSARY TO IMPLEMENT THIS PART 8.

SECTION 2.  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.