This information is prepared as an informational service only and should not be relied upon as an official record of action taken by the Colorado General Assembly.
Sixty-first General Assembly
LLS NO. 980294.01 JAP
HOUSE BILL 981162
STATE OF COLORADO
BY REPRESENTATIVE Bacon;
also SENATOR Matsunaka.
REREVISED
EDUCATION
A BILL FOR AN ACT
CONCERNING PAYMENT OF TUITION FOR STUDENTS ENROLLED
IN INSTITUTIONS OF HIGHER EDUCATION THROUGH THE "POSTSECONDARY
ENROLLMENT OPTIONS ACT".
Bill Summary
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments that may be subsequently
adopted.)
Requires any high school pupil who enrolls in courses at an institution of higher education under the "Postsecondary Enrollment Options Act", or the pupil's parent or guardian, to pay the amount of tuition required to enroll in such courses. Requires the school district to provide reimbursement for the amount of tuition paid, upon presentment by the pupil of evidence of passage of the courses.
Requires the school district to pay the tuition for
pupils who are eligible for free or reducedcost school lunch.
Allows the school district to pay the tuition for a pupil if
payment of the tuition would impose a financial hardship on the
pupil or the pupil's parent or guardian and the pupil shows evidence
of a commitment to successfully completing the course. If the
pupil fails to pass the course, requires the pupil, parent, or
guardian to reimburse the school district for the amount of tuition
paid.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 2235102, Colorado Revised Statutes, is amended to read:
2235102. Legislative declaration. (1) The general assembly hereby finds, determines, and declares that high school pupils need to be continually challenged in order to maintain their academic interests; that such challenges must include rigorous academic pursuits; that, for some students, exposure to such academic challenges declines during the last two years of high school as pupils complete their graduation requirements; that there is a high rate of dropouts at the eleventh and twelfth grade levels; that, for some students, courses not offered in high school or courses offered in a different setting may stimulate or maintain their interest; that providing a wider variety of options to high school pupils by encouraging and enabling secondary pupils to enroll in courses offered by state institutions of higher education provides new and exciting academic challenges to such pupils; and that such enrollment opportunities provide access to excellence in education.
(2) THE GENERAL ASSEMBLY FURTHER FINDS THAT ANY STUDENT WHO ENROLLS IN POSTSECONDARY COURSES PURSUANT TO THIS ARTICLE SHOULD BE EXPECTED TO SHOW A HIGH DEGREE OF MATURITY AND RESPONSIBILITY, ESPECIALLY WITH REGARD TO THE SUCCESSFUL COMPLETION OF SUCH POSTSECONDARY COURSES. THE GENERAL ASSEMBLY THEREFORE FINDS THAT AN IMPORTANT METHOD OF FOSTERING SUCH RESPONSIBILITY IS TO REQUIRE THE STUDENT, OR HIS OR HER FAMILY, TO PAY THE TUITION COSTS ASSOCIATED WITH SUCH POSTSECONDARY COURSES, SUBJECT TO REIMBURSEMENT BY THE SCHOOL DISTRICT UPON SUCCESSFUL COMPLETION OF SUCH POSTSECONDARY COURSES.
SECTION 2. 2235104 (3) (c), Colorado Revised Statutes, is amended to read:
2235104. Enrollment in institution of higher education cooperative agreement. (3) When a pupil enrolls in courses at an institution of higher education for high school credit pursuant to section 2235105 (2) or (3) (a), the school district of the pupil and the institution of higher education in which the pupil desires to enroll shall enter into a cooperative agreement regarding the enrollment of and the funding method for the pupil in such institution of higher education, including, but not limited to:
(c) The requirement that any pupil enrolled
pursuant to the provisions of section 2235105 (2)
or (3) (a) shall not be required to
pay any SHALL BE REIMBURSED BY THE
SCHOOL DISTRICT FOR THE AMOUNT OF tuition PAID for such courses,
AS PROVIDED IN SECTION 2235105 (6); and
SECTION 3. 2235105 (3) (a) (III), (4) (b), and (4) (b.5), Colorado Revised Statutes, are amended to read:
2235105. Financial provisions payment of tuition. (3) If pupils of any school district are enrolled pursuant to the provisions of this article in one or two courses per academic term offered by any institution of higher education for postsecondary students and:
(a) If the pupil so enrolled is receiving high school credit for such course:
(III) The
school district shall forward EXCEPT
AS OTHERWISE PROVIDED IN SUBSECTION (8) OF THIS SECTION, THE PUPIL
OR THE PUPIL'S PARENT OR GUARDIAN SHALL PAY to the institution
of higher education the amount of tuition to which the institution
of higher education would be entitled on behalf of a regularly
enrolled student taking such courses; except that, for any statesupported
institution of higher education, such amount of tuition shall
not exceed the instate tuition rate charged by such statesupported
institution of higher education, and, for any nonpublic institution
of higher education, such amount of tuition shall not exceed the
average instate tuition charged by the representative group
of comparable state institutions used for purposes of section
233.3101 (1.5) (a), C.R.S. PAYMENT OF TUITION PURSUANT
TO THIS SUBPARAGRAPH (III) SHALL BE SUBJECT TO REIMBURSEMENT BY
THE SCHOOL DISTRICT AS PROVIDED IN SUBSECTION (6) OF THIS SECTION.
(4) If pupils of any school district are enrolled pursuant to the provisions of this article in three or more courses per academic term offered by any institution of higher education for postsecondary students:
(b) Unless otherwise provided by the school
district AND EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (8) OF
THIS SECTION, it shall be the responsibility of the pupil OR THE
PUPIL'S PARENT OR GUARDIAN for the
third and each additional course per academic term,
to pay the amount of tuition to which the institution of higher
education would be entitled on behalf of a regularly enrolled
student
PUPIL taking such courses. TUITION PAID PURSUANT TO THIS PARAGRAPH
(b) FOR THE FIRST TWO COURSES PER ACADEMIC TERM SHALL BE SUBJECT
TO REIMBURSEMENT BY THE SCHOOL DISTRICT PURSUANT TO SUBSECTION
(6) OF THIS SECTION. IN ADDITION, THE SCHOOL DISTRICT MAY CHOOSE
TO REIMBURSE THE PUPIL OR THE PUPIL'S PARENT OR GUARDIAN FOR THE
AMOUNT OF TUITION PAID FOR THE THIRD AND EACH ADDITIONAL COURSE
PER ACADEMIC TERM.
(b.5) It shall
be the responsibility of the school district to pay the amount
of the tuition to which the institution of higher education would
be entitled on behalf of a regularly enrolled student taking such
courses for the first two courses per academic term; and
SECTION 4. 2235105 (6), Colorado Revised Statutes, is amended, and the said 2235105 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:
2235105. Financial provisions
payment of tuition. (6) Notwithstanding
any other provision of this section, if a pupil, enrolled pursuant
to the provisions of this article, voluntarily drops a course,
without consent of the principal of the high school in which such
pupil is enrolled, it shall be the responsibility of the pupil,
or such pupil's parent or guardian, to reimburse the school district
for the amount of tuition paid by the school district to the institution
of higher education pursuant to this article to enroll such pupil
in such course. UPON PASSAGE OF
ANY POSTSECONDARY COURSE IN WHICH A PUPIL ENROLLS PURSUANT TO
THIS SECTION, THE PUPIL, OR THE PUPIL'S PARENT OR GUARDIAN, SHALL
PRESENT EVIDENCE OF SUCH PASSAGE TO THE SCHOOL DISTRICT AND SHALL
RECEIVE REIMBURSEMENT FROM THE SCHOOL DISTRICT FOR THE AMOUNT
OF TUITION PAID FOR SUCH COURSE.
(8) (a) THE SCHOOL DISTRICT SHALL PAY THE TUITION REQUIRED UNDER SUBPARAGRAPH (III) OF PARAGRAPH (a) OF SUBSECTION (3) OF THIS SECTION AND TUITION FOR THE FIRST TWO COURSES PER ACADEMIC TERM UNDER PARAGRAPH (b) OF SUBSECTION (4) OF THIS SECTION FOR ANY PUPIL WHO IS ELIGIBLE FOR FREE OR REDUCEDCOST LUNCH PURSUANT TO THE PROVISIONS OF THE FEDERAL "NATIONAL SCHOOL LUNCH ACT", 42 U.S.C. SEC. 1751, ET SEQ.
(b) IN ADDITION, THE SCHOOL DISTRICT MAY ENTER INTO AN AGREEMENT WITH A PUPIL TO PAY THE TUITION REQUIRED UNDER SUBPARAGRAPH (III) OF PARAGRAPH (a) OF SUBSECTION (3) OF THIS SECTION AND PARAGRAPH (b) OF SUBSECTION (4) OF THIS SECTION IN SITUATIONS WHERE:
(I) PAYMENT OF SUCH TUITION WOULD CONSTITUTE A FINANCIAL HARDSHIP FOR THE PUPIL OR THE PUPIL'S PARENT OR GUARDIAN; AND
(II) THE PUPIL HAS SHOWN EVIDENCE OF RESPONSIBILITY FOR AND COMMITMENT TO SUCCESSFULLY COMPLETING POSTSECONDARY COURSES.
(c) PRIOR TO PAYING THE TUITION FOR ANY PUPIL PURSUANT TO THIS SUBSECTION (8), THE SCHOOL DISTRICT SHALL REQUIRE THE PUPIL AND HIS OR HER PARENT OR GUARDIAN TO SIGN A PROMISE TO REPAY THE AMOUNT OF TUITION PAID BY THE SCHOOL DISTRICT ON THE PUPIL'S BEHALF IF THE PUPIL FAILS OR OTHERWISE DOES NOT COMPLETE THE POSTSECONDARY COURSE FOR ANY REASON, WITHOUT CONSENT OF THE PRINCIPAL OF THE HIGH SCHOOL IN WHICH THE PUPIL IS ENROLLED.
(d) IF ANY PUPIL FOR WHOM THE SCHOOL DISTRICT PAYS TUITION PURSUANT TO THIS SUBSECTION (8) DOES NOT COMPLETE THE POSTSECONDARY COURSE FOR ANY REASON, WITHOUT CONSENT OF THE PRINCIPAL OF THE HIGH SCHOOL IN WHICH THE PUPIL IS ENROLLED, OR OTHERWISE FAILS TO PASS THE COURSE, IT SHALL BE THE RESPONSIBILITY OF THE PUPIL, OR SUCH PUPIL'S PARENT OR GUARDIAN, TO REIMBURSE THE SCHOOL DISTRICT, AS PROVIDED IN THE PROMISE SIGNED PURSUANT TO PARAGRAPH (c) OF THIS SUBSECTION (8), FOR THE AMOUNT OF TUITION PAID BY THE SCHOOL DISTRICT TO THE INSTITUTION OF HIGHER EDUCATION PURSUANT TO THIS ARTICLE.
SECTION 5. 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.