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Second Regular Session

Sixty-first General Assembly

LLS NO. 98­0319.01 JJC SENATE BILL 98­061

STATE OF COLORADO

BY SENATOR Thiebaut

EDUCATION

A BILL FOR AN ACT

CONCERNING THE CREATION OF AN ACADEMIC ACHIEVEMENT GRANT PROGRAM.

Bill Summary

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

Establishes an academic achievement grant program for qualified students who attend participating institutions of higher education.

Requires local boards of education to submit to the Colorado commission on higher education lists of top students as defined by rule. Requires the commission to send notice of the program to eligible students.

Allows eligible students to receive a tuition credit of up to $1000 per academic year toward an undergraduate degree at a participating institution. Requires eligible students to maintain a grade point average specified by rule and to not be suspended or disciplined by the institution. Provides for notice and a hearing for any proposed removal of a student from the program. Requires the commission to promulgate rules to implement the program.

Provides for a set­off of any assistance received pursuant to the program against the amounts of assistance received from federal sources. Permits the commission to determine what portion of the merit­based funds may be used for academic achievement grants under the act.

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

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

PART 8

COLORADO HELPING OUTSTANDING PUPILS

EDUCATIONALLY PROGRAM

23­3.3­801.  Legislative declaration. (1)  THE GENERAL ASSEMBLY HEREBY DECLARES THAT COLORADO'S GOALS SHOULD BE:

(a)  TO PROVIDE TUITION ASSISTANCE TO ALL COLORADO STUDENTS WHO ARE DESERVING OF SUCH ASSISTANCE;

(b)  TO REWARD ACADEMIC ACHIEVEMENT AND TO PROVIDE AN INCENTIVE FOR HARD WORK IN BOTH SECONDARY SCHOOLS AND IN INSTITUTIONS OF HIGHER LEARNING IN THIS STATE;

(c)  TO ENCOURAGE TOP STUDENTS TO REMAIN IN THIS STATE AND TO ATTEND STATE­SUPPORTED INSTITUTIONS OF HIGHER EDUCATION; AND

(d)  TO HELP TOP STUDENTS IN STATE­SUPPORTED INSTITUTIONS OF HIGHER EDUCATION IN THIS STATE TO ATTEND TUITION­FREE TO THE EXTENT POSSIBLE WHEN STATE ASSISTANCE IS COORDINATED WITH FEDERAL ASSISTANCE, INCLUDING BOTH THE FEDERAL HOPE SCHOLARSHIP CREDIT AND THE LIFETIME LEARNING CREDIT, PURSUANT TO THE FEDERAL "TAXPAYER RELIEF ACT OF 1997", PUBLIC LAW 105­34.

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 WHO GRADUATES FROM A PUBLIC HIGH SCHOOL IN COLORADO ON OR AFTER MAY 1, 1998, WHO RANKS WITHIN THE QUALIFYING PERCENT OF THE CLASS AS DETERMINED BY THE COMMISSION PURSUANT TO SECTION 23­3.3­803 (2), 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 AN ACADEMIC ACHIEVEMENT GRANT PROGRAM FOR QUALIFIED STUDENTS ATTENDING PARTICIPATING INSTITUTIONS TO BE ADMINISTERED IN ACCORDANCE WITH THIS PART 8. THE PROGRAM SHALL BE IMPLEMENTED NO LATER THAN THE FALL SEMESTER OF 1998, FOR THE HIGH SCHOOL GRADUATING CLASS OF 1998.

(2)  THE COMMISSION SHALL ANNUALLY IDENTIFY THE PERCENTAGE OF STUDENTS IN THE HIGH SCHOOL GRADUATING CLASS WHO MAY RECEIVE GRANTS UNDER THIS PART 8.

(3)  IN ACCORDANCE WITH PROCEDURES ESTABLISHED BY THE COMMISSION AND WITHIN THIRTY DAYS AFTER HIGH SCHOOL GRADUATION OR THE ISSUANCE OF HIGH SCHOOL DIPLOMAS, WHICHEVER IS LATER, EACH LOCAL BOARD SHALL SUBMIT TO THE COMMISSION THE NAMES OF THE STUDENTS WHO RANK IN THE PERCENTAGE OF THE GRADUATING CLASS DETERMINED PURSUANT TO SUBSECTION (2) OF THIS SECTION.

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

(5) (a)  TO REMAIN ELIGIBLE FOR THE ACADEMIC ACHIEVEMENT 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 ELIGIBILITY AS SPECIFIED IN PARAGRAPH (a) OF THIS SUBSECTION (5), 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 MAY REQUEST A HEARING TO DETERMINE WHETHER HE OR SHE IS ELIGIBLE TO CONTINUE RECEIVING THE ACADEMIC ACHIEVEMENT GRANT.

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

23­3.3­804.  Program review ­ audits.  THE STATE AUDITOR OR THE STATE AUDITOR'S DESIGNEE SHALL AUDIT THE ACADEMIC ACHIEVEMENT 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 ACADEMIC ACHIEVEMENT GRANT PROGRAM.

23­3.3­805.  Rules.  THE COMMISSION SHALL PROMULGATE ANY RULES NECESSARY TO IMPLEMENT THIS PART 8. THE COMMISSION SHALL TAKE INTO CONSIDERATION ANY ASSISTANCE AVAILABLE THROUGH FEDERAL PROGRAMS IN DETERMINING THE AMOUNTS OF ASSISTANCE AVAILABLE UNDER THIS PART 8, SO THAT THE AGGREGATE OF FEDERAL TAX CREDITS AND ANY ASSISTANCE UNDER THIS PART 8 RECEIVED BY ANY STUDENT DOES NOT EXCEED THE STUDENT'S FULL TUITION FOR ANY SEMESTER OR ACADEMIC YEAR.

23­3.3­806.  Repeal.  THIS PART 8 IS REPEALED, EFFECTIVE JULY 1, 1999.

SECTION 2.  23­3.3­501, Colorado Revised Statutes, is amended to read:

23­3.3­501.  Scholarship and grant program ­ funding. The commission shall use a portion of any moneys remaining after meeting the requirements of parts 2 and 3 of this article to provide other programs of financial assistance based upon financial need, merit, talent, or other criteria established by the commission for students enrolled at institutions, INCLUDING ACADEMIC ACHIEVEMENT GRANTS PURSUANT TO ARTICLE 8 OF THIS TITLE. THE COMMISSION SHALL DETERMINE BY RULE THE PORTION OF ANY MONEYS UNDER THIS SECTION TO BE USED FOR THE ACADEMIC ACHIEVEMENT GRANTS PURSUANT TO ARTICLE 8 OF THIS TITLE.

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.