First Regular Session
Sixty-second General Assembly
LLS NO. 99-0296.01 Beth Braby SENATE BILL 99-086
STATE OF COLORADO
BY SENATOR Thiebaut;
also REPRESENTATIVE Tupa.
EDUCATION
A BILL FOR AN ACT
101 CONCERNING THE CREATION OF AN ACADEMIC ACHIEVEMENT GRANT
102 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 the Colorado commission on higher education (the
"commission") to annually identify students in each high school
graduating class, beginning with the class scheduled to graduate in 1999,
who would be eligible for the academic achievement grant. Requires
local boards of education and the person or entity in charge of any school
other than a public school to submit to the commission lists of eligible
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 toward an
undergraduate degree at a participating institution. To maintain
eligibility, requires participating students to maintain a grade point
average specified by rule and to reapply for the grant annually. Prohibits
a student from continuing to participate in the program if he or she is
suspended or disciplined by the institution for violation of any substantive
rule or policy. Requires notice and a hearing prior to removal of a
student from the program.
Grants the commission rule-making authority for implementation
of the program.
Provides for a set-off of any assistance received pursuant to the
program against the amounts of assistance received from federal sources.
Provides for adjusting or crediting of grants due to information received
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
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from the student after submittal of the initial or renewal application.
Permits the commission to determine what portion of merit-based
funds may be used for academic achievement grants awarded pursuant to
the program. States that moneys used for academic achievement grants
shall be taken only from the portion of appropriations for merit-based
grants contained in the long appropriations bill that is allocated by the
commission for undergraduate in-state students for academic grants.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. Article 3.3 of title 23, Colorado Revised Statutes,
3 is amended BY THE ADDITION OF A NEW PART to read:
4 PART 8
5 COLORADO HELPING OUTSTANDING
6 PUPILS EDUCATIONALLY PROGRAM
7 23-3.3-801. Legislative declaration. (1) THE GENERAL
8 ASSEMBLY HEREBY DECLARES THAT COLORADO SHALL IMPLEMENT A
9 TUITION ASSISTANCE PROGRAM DESIGNED TO ACHIEVE THE FOLLOWING
10 GOALS:
11 (a) TO PROVIDE TUITION ASSISTANCE TO ALL COLORADO STUDENTS
12 WHO MEET THE ELIGIBILITY REQUIREMENTS FOR SUCH ASSISTANCE;
13 (b) TO REWARD ACADEMIC ACHIEVEMENT AND TO PROVIDE AN
14 INCENTIVE FOR HARD WORK IN BOTH SECONDARY SCHOOLS AND IN
15 INSTITUTIONS OF HIGHER EDUCATION IN THIS STATE;
16 (c) TO ENCOURAGE STUDENTS WITH HIGH ACADEMIC ACHIEVEMENT
17 TO ATTEND INSTITUTIONS OF HIGHER EDUCATION IN THIS STATE; AND
18 (d) TO HELP STUDENTS WITH HIGH ACADEMIC ACHIEVEMENT WHO
19 ATTEND INSTITUTIONS OF HIGHER EDUCATION IN THIS STATE TO ATTEND
20 TUITION-FREE TO THE EXTENT POSSIBLE WHEN STATE ASSISTANCE IS
21 COORDINATED WITH FEDERAL ASSISTANCE, INCLUDING BOTH THE FEDERAL
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1 HOPE SCHOLARSHIP CREDIT AND THE LIFETIME LEARNING CREDIT,
2 PURSUANT TO THE FEDERAL "TAXPAYER RELIEF ACT OF 1997", PUBLIC
3 LAW 105-34.
4 23-3.3-802. Definitions. AS USED IN THIS PART 8, UNLESS THE
5 CONTEXT OTHERWISE REQUIRES:
6 (1) "ACADEMIC ACHIEVEMENT GRANT" MEANS THE ANNUAL GRANT
7 RECEIVED BY QUALIFIED STUDENTS PARTICIPATING IN THE ACADEMIC
8 ACHIEVEMENT GRANT PROGRAM ESTABLISHED PURSUANT TO THIS PART 8.
9 (2) "LOCAL BOARD" MEANS THE BOARD OF EDUCATION OF A
10 SCHOOL DISTRICT OR THE PERSON OR ENTITY IN CHARGE AND CONTROL OF
11 ANY SCHOOL OTHER THAN A PUBLIC SCHOOL.
12 (3) "PARTICIPATING INSTITUTION" MEANS AN INSTITUTION OF
13 HIGHER EDUCATION AS DEFINED IN SECTION 23-3.5-102 (3) THAT HAS BEEN
14 DETERMINED BY RULE OF THE COMMISSION TO BE ELIGIBLE FOR
15 PARTICIPATION IN THE ACADEMIC ACHIEVEMENT GRANT PROGRAM
16 ESTABLISHED PURSUANT TO THIS PART 8.
17 (4) "PROGRAM" MEANS THE ACADEMIC ACHIEVEMENT GRANT
18 PROGRAM ESTABLISHED PURSUANT TO THIS PART 8.
19 (5) "QUALIFIED STUDENT" MEANS A STUDENT WHO:
20 (a) HAS CERTIFICATION OF GRADUATION FROM A SCHOOL IN THE
21 STATE PROVIDING SECONDARY EDUCATION OR THE RECOGNIZED
22 EQUIVALENT OF SUCH CERTIFICATION ON OR AFTER MAY 1, 1999;
23 (b) MEETS THE CRITERIA ESTABLISHED BY THE COMMISSION
24 PURSUANT TO SECTION 23-3.3-803 (2);
25 (c) HAS BEEN ACCEPTED TO ATTEND A PARTICIPATING INSTITUTION;
26 AND
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1 (d) MEETS THE DEFINITION OF AN IN-STATE STUDENT PURSUANT TO
2 SECTION 23-3.5-102 (2).
3 (6) "TUITION" SHALL HAVE THE SAME MEANING AS IS GIVEN TO THE
4 PHRASE "QUALIFIED TUITION AND RELATED EXPENSES" UNDER THE
5 FEDERAL "TAXPAYER RELIEF ACT OF 1997", PUBLIC LAW 105-34.
6 23-3.3-803. Grant program - eligibility - procedures. (1) THE
7 COMMISSION SHALL ESTABLISH AN ACADEMIC ACHIEVEMENT GRANT
8 PROGRAM FOR QUALIFIED STUDENTS ATTENDING PARTICIPATING
9 INSTITUTIONS TO BE ADMINISTERED IN ACCORDANCE WITH THIS PART 8.
10 THE PROGRAM SHALL BE IMPLEMENTED BEGINNING WITH THE CLASS
11 SCHEDULED TO GRADUATE FROM HIGH SCHOOL IN 1999 AND ENTER A
12 PARTICIPATING INSTITUTION IN THE FALL OF 1999.
13 (2) THE COMMISSION SHALL ANNUALLY IDENTIFY THE STUDENTS
14 IN EACH HIGH SCHOOL GRADUATING CLASS WHO RANK WITHIN THE
15 QUALIFYING PERCENT OF THE CLASS, AS DETERMINED BY THE COMMISSION,
16 AND WHO MAY RECEIVE ACADEMIC ACHIEVEMENT GRANTS UNDER THIS
17 PART 8. IN THE CASE OF STUDENTS WHO DO NOT HAVE A CLASS RANK,
18 RANK MAY BE DETERMINED BY THE COMMISSION BASED ON NATIONAL
19 ASSESSMENT TEST SCORES OR OTHER OBJECTIVE MEASUREMENTS
20 SPECIFIED BY RULE OF THE COMMISSION.
21 (3) IN ACCORDANCE WITH PROCEDURES ESTABLISHED BY RULE OF
22 THE COMMISSION, EACH LOCAL BOARD SHALL SUBMIT TO THE COMMISSION
23 THE NAMES OF THE STUDENTS IN EACH HIGH SCHOOL GRADUATING CLASS
24 WHO ARE EXPECTED TO MEET THE CRITERIA ESTABLISHED BY THE
25 COMMISSION PURSUANT TO SUBSECTION (2) OF THIS SECTION.
26 (4) THE COMMISSION SHALL SEND TIMELY NOTICE OF THE
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1 PROGRAM TO EACH STUDENT IDENTIFIED AS A QUALIFIED STUDENT
2 RECIPIENT. WITHIN THE TIME ESTABLISHED BY THE COMMISSION,
3 QUALIFIED STUDENTS WHO CHOOSE TO PARTICIPATE IN THE PROGRAM
4 SHALL NOTIFY THE COMMISSION OF THEIR INTENT. ANY QUALIFIED
5 STUDENT WHO CHOOSES TO PARTICIPATE IN THE PROGRAM AND WHO
6 REMAINS ELIGIBLE AS PROVIDED IN SUBSECTION (5) OF THIS SECTION SHALL
7 RECEIVE AN ACADEMIC ACHIEVEMENT GRANT DURING THE TIME THAT THE
8 QUALIFIED STUDENT IS ENROLLED AT A PARTICIPATING INSTITUTION. THE
9 AMOUNT OF THE ACADEMIC ACHIEVEMENT GRANTS AWARDED PURSUANT
10 TO THIS PART 8 SHALL BE DETERMINED BY RULE OF THE COMMISSION IN
11 ACCORDANCE WITH THE PROVISIONS OF SECTION 23-3.3-501. EACH
12 QUALIFIED STUDENT, SO LONG AS HE OR SHE REMAINS ELIGIBLE PURSUANT
13 TO SUBSECTION (5) OF THIS SECTION, MAY CONTINUE IN THE PROGRAM
14 UNTIL THE QUALIFIED STUDENT HAS COMPLETED THE NUMBER OF COURSE
15 CREDIT HOURS REQUIRED IN THE PARTICIPATING INSTITUTION'S COURSE
16 CATALOGUE TO RECEIVE HIS OR HER FIRST BACCALAUREATE DEGREE. THE
17 GRANT SHALL BE PRORATED ACCORDINGLY FOR ANY QUALIFIED STUDENT
18 ATTENDING A PARTICIPATING INSTITUTION ON A LESS THAN FULL-TIME
19 BASIS.
20 (5) (a) TO REMAIN ELIGIBLE FOR THE PROGRAM, A QUALIFIED
21 STUDENT SHALL:
22 (I) MAINTAIN A GRADE POINT AVERAGE AT A LEVEL SPECIFIED IN
23 RULES PROMULGATED BY THE COMMISSION;
24 (II) NOT BE SUSPENDED OR DISCIPLINED FOR VIOLATING ANY
25 PARTICIPATING INSTITUTION'S OR GOVERNING BOARD'S SUBSTANTIVE
26 POLICY OR REGULATION, AS DETERMINED BY RULE OF THE COMMISSION;
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1 AND
2 (III) REAPPLY FOR THE PROGRAM ANNUALLY BY COMPLETING THE
3 APPROPRIATE FORMS AND RETURNING THEM TO THE PARTICIPATING
4 INSTITUTION.
5 (b) IF A QUALIFIED STUDENT FAILS TO MAINTAIN ELIGIBILITY AS
6 SPECIFIED IN PARAGRAPH (a) OF THIS SUBSECTION (5), THE PARTICIPATING
7 INSTITUTION AT WHICH THE STUDENT IS ENROLLED SHALL SUBMIT THE
8 STUDENT'S NAME TO THE COMMISSION AND NOTIFY THE STUDENT THAT THE
9 STUDENT MAY REQUEST A HEARING TO DETERMINE WHETHER HE OR SHE IS
10 ELIGIBLE TO CONTINUE RECEIVING THE ACADEMIC ACHIEVEMENT GRANT.
11 PROCEDURES FOR SUCH HEARING SHALL BE BASED ON RULES
12 PROMULGATED BY THE COMMISSION.
13 23-3.3-804. Program review - audits. THE STATE AUDITOR'S
14 OFFICE SHALL AUDIT THE PROGRAM AT PARTICIPATING INSTITUTIONS
15 BIANNUALLY TO REVIEW RESIDENCY DETERMINATIONS, AWARDS, PAYMENT
16 PROCEDURES, AND ANY OTHER PRACTICES NECESSARY TO ENSURE THAT
17 THE COMMISSION AND PARTICIPATING INSTITUTIONS ARE PROPERLY
18 ADMINISTERING THE PROGRAM.
19 23-3.3-805. Rules. THE COMMISSION IN ACCORDANCE WITH THE
20 "STATE ADMINISTRATIVE PROCEDURE ACT", ARTICLE 4 OF TITLE 24,
21 C.R.S., SHALL PROMULGATE THE RULES NECESSARY TO IMPLEMENT THIS
22 PART 8. THE COMMISSION SHALL TAKE INTO CONSIDERATION ANY
23 FINANCIAL ASSISTANCE AVAILABLE TO STUDENTS THROUGH FEDERAL TAX
24 CREDITS IN DETERMINING THE AMOUNTS OF THE ACADEMIC ACHIEVEMENT
25 GRANTS, SO THAT THE AGGREGATE OF FEDERAL TAX CREDITS AND ANY
26 ACADEMIC ACHIEVEMENT GRANTS RECEIVED BY ANY QUALIFIED STUDENT
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1 DOES NOT EXCEED THE QUALIFIED STUDENT'S TUITION FOR ANY SEMESTER
2 OR ACADEMIC YEAR. THE COMMISSION BY RULE MAY PROVIDE A
3 PROCEDURE WHEREBY AN ACADEMIC ACHIEVEMENT GRANT MAY BE
4 ADJUSTED OR CREDITED LATER IN THE ACADEMIC YEAR OR IN A
5 SUBSEQUENT ACADEMIC YEAR DUE TO INFORMATION RECEIVED FROM THE
6 QUALIFIED STUDENT AFTER SUBMITTAL OF THE INITIAL OR RENEWAL
7 APPLICATION.
8 23-3.3-806. Determination of invalidity. A FINAL JUDICIAL
9 DETERMINATION THAT THIS ARTICLE IS INVALID AS APPLIED TO ANY
10 QUALIFIED STUDENT SHALL NOT OPERATE TO TERMINATE ANY ACADEMIC
11 ACHIEVEMENT GRANT PROVIDED TO ANY OTHER QUALIFIED STUDENT.
12 SECTION 2. 23-3.3-501, Colorado Revised Statutes, is amended
13 to read:
14 23-3.3-501. Scholarship and grant program - funding. The
15 commission shall use a portion of any moneys remaining after meeting
16 the requirements of parts 2 and 3 of this article to provide other programs
17 of financial assistance based upon financial need, merit, talent, or other
18 criteria established by the commission for students enrolled at
19 institutions, INCLUDING ACADEMIC ACHIEVEMENT GRANTS AWARDED
20 PURSUANT TO PART 8 OF THIS ARTICLE. MONEYS TO BE USED FOR THE
21 ACADEMIC ACHIEVEMENT GRANTS AWARDED PURSUANT TO PART 8 OF THIS
22 ARTICLE SHALL BE ALLOCATED ONLY FROM THE PORTION OF
23 APPROPRIATIONS FOR MERIT-BASED GRANTS SPECIFIED IN THE LONG
24 APPROPRIATIONS BILL AND ALLOCATED BY THE COMMISSION FOR
25 ACADEMIC GRANTS TO UNDERGRADUATE IN-STATE STUDENTS. IN NO
26 EVENT SHALL MERIT-BASED GRANTS OTHERWISE ALLOCATED BY THE
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1 COMMISSION, INCLUDING TALENT AND ATHLETIC AWARDS, BE ALLOCATED
2 TO FUND ACADEMIC ACHIEVEMENT GRANTS PURSUANT TO PART 8 OF THIS
3 ARTICLE. IN PROMULGATING RULES FOR ALLOCATING MONEYS TO
4 ACADEMIC ACHIEVEMENT GRANTS, THE COMMISSION SHALL TAKE INTO
5 CONSIDERATION THAT A QUALIFIED STUDENT, AS DEFINED IN SECTION
6 23-3.3-802 (5), MAY RECEIVE OTHER MERIT-BASED AWARDS DIRECTLY
7 FROM PARTICIPATING INSTITUTIONS OR FROM THE COMMISSION AS AN
8 INCOMING FRESHMAN STUDENT, A CONTINUING TRADITIONAL STUDENT, OR
9 A NONTRADITIONAL STUDENT.
10 SECTION 3. Safety clause. The general assembly hereby finds,
11 determines, and declares that this act is necessary for the|~ immediate
|~ 12 preservation of the public peace, health, and safety.