A local education provider of a qualified student who is concurrently enrolled at an institution of higher education shall not be required to provide or pay for transportation for the qualified student to or from the institution.
Source: L. 2009: Entire article R&RE, (HB 09-1319), ch. 286, p. 1309, � 1, effective May 21.
Editor's note: This section is similar to former � 22-35-106 as it existed prior to 2009.
22-35-107. Concurrent enrollment advisory board - created - membership - duties - reports - repeal. (1) There is created in the department the concurrent enrollment advisory board. The board consists of members appointed as provided in this section and has the powers and duties specified in this section. The board is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department, the commissioner of education, and the state board.
(2) The board consists of the following members:
(a) Three representatives from the state system of elementary and secondary education appointed by the commissioner of education, including at least one member who represents a rural public school or school district and at least one member who represents a school district where a relatively low percentage of recent high school graduates have enrolled in institutions of higher education;
(b) Five representatives from the state systems of higher education appointed by the executive director of the department of higher education, including two members who represent the Colorado community college system, one member who represents a public, four-year institution of higher education, one member who represents a local district college, and one member who represents an area technical college;
(c) Five representatives appointed by the governor, including at least one member who has experience in postsecondary student counseling, student admissions, and financial aid; at least one member who has experience in public budgeting and finance; a parent of a student enrolled in public school; and a student enrolled in high school;
(d) The director of accreditation and regional services within the department or his or her designee; and
(e) Two representatives of postsecondary career and technical education programs, one of whom is the director of career and technical education within the state system of community and technical colleges and one of whom represents the state system of elementary and secondary education and is appointed by the state board for community colleges and occupational education.
(3) Each appointing authority shall make its initial appointments no later than October 1, 2009. The governor shall make the initial appointment of a parent and student pursuant to subsection (2)(c) of this section no later than October 1, 2019. Each member of the board serves at the pleasure of the member's appointing authority for a term of three years. The appropriate appointing authority shall fill any vacancies arising during a member's term on the board.
(4) The commissioner of education shall call the first meeting of the board to be held no later than November 15, 2009. At its first meeting, and annually thereafter, the board shall select from among its members a person to serve as chair of the board. The board shall meet upon call of the chair as often as necessary to accomplish its duties as specified in this section.
(5) The board members shall serve without compensation and without reimbursement for expenses. Upon request of the board chair, the department, to the extent possible within existing resources, shall provide meeting space, equipment, and staff services as may be necessary for the board to carry out its duties under this section.
(6) The board has the following duties:
(a) [Editor's note: This version of subsection (6)(a) is effective until July 1, 2026.] Establishing guidelines for the administration of the ASCENT program pursuant to section 22-35-108 (4) and the TREP program pursuant to section 22-35-108.5 (4);
(a) [Editor's note: This version of subsection (6)(a) is effective July 1, 2026.] Establishing guidelines for the administration of the TREP program pursuant to section 22-35-108.5 (4);
(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;
(d) On or before December 1, 2022, considering and making recommendations to the state board and the education committees of the house of representatives and senate, or any successor committees, regarding the feasibility of a waiver process whereby a local education provider, on behalf of a qualified student, could apply to the department for a waiver of certain provisions of section 22-35-108, which waiver would allow the local education provider to designate the student as an ASCENT program participant in the second year following the year in which the qualified student was enrolled in the twelfth grade of the local education provider so long as the qualifying student:
(I) Was so designated in the year directly following the year in which the qualified student was enrolled in the twelfth grade of the local education provider;
(II) Requires fifteen or fewer credit hours of postsecondary course work to achieve a postsecondary credential; and
(III) Is eligible for free or reduced-price lunch pursuant to the federal Richard B. Russell National School Lunch Act, 42 U.S.C. sec. 1751 et seq.;
(IV) This subsection (6)(d) is repealed, effective July 1, 2026.
(e) [Editor's note: This version of subsection (6)(e) is effective until July 1, 2026.] Submitting to the state board for its approval or disapproval recommendations made pursuant to paragraphs (c) and (d) of this subsection (6);
(e) [Editor's note: This version of subsection (6)(e) is effective July 1, 2026.] Submitting to the state board for its approval or disapproval recommendations made pursuant to subsection (6)(c) of this section;
(f) Collaborating with persons from the department of education, the department of labor and employment, the community college system, the local district colleges, area technical colleges, 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 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.
(g) To work with the department of education, the department of higher education, and the community college system that supports the enrollment of first-generation students, low-income students, and students of color in concurrent enrollment programs.
(7) [Editor's note: This version of the introductory portion to subsection (7) is effective until July 1, 2026.] On or before December 1, 2010, and on or before December 1 each year thereafter, the board shall prepare a report and submit it to the state board and the commission. The report, at a minimum, shall include:
(7) [Editor's note: This version of the introductory portion to subsection (7) is effective July 1, 2026.] On or before December 1, 2010, and on or before December 1 each year thereafter, the board shall prepare a report and submit it to the state board and the commission. The report, at a minimum, must include:
(a) (I) Any guidelines that the board has established pursuant to paragraph (a) of subsection (6) of this section; and
(II) This subsection (7)(a) is repealed, effective July 1, 2026.
(b) Any recommendations that the board makes pursuant to paragraph (c) of subsection (6) of this section.
(8) (a) This section is repealed, effective September 1, 2027.
(b) Prior to said repeal, the board shall be reviewed as provided in section 2-3-1203.
Source: L. 2009: Entire article R&RE, (HB 09-1319), ch. 286, p. 1309, � 1, effective May 21; IP(2), (2)(c), and (2)(d) amended and (2)(e) added, (SB 09-285), ch. 425, p. 2374, � 5, effective June 4. L. 2013: (6)(c) amended and (6)(e) added, (HB 13-1219), ch. 104, p. 363, � 11, effective August 7. L. 2015: (6)(f) added, (HB 15-1275), ch. 223, p. 816, � 3, effective May 22. L. 2016: IP(2), (2)(b), and (6)(f) amended, (HB 16-1082), ch. 58, p. 141, � 7, effective August 10. L. 2019: (8) amended, (SB 19-189), ch. 418, p. 3670, � 1, effective June 3; IP(2), (2)(c), and (3) amended, (SB 19-176), ch. 244, p. 2388, � 7, effective August 2. L. 2021: (6)(a) amended, (SB 21-185), ch. 246, p. 1336, � 13, effective September 7. L. 2022: IP(6), (6)(c), and (6)(d) amended, (HB 22-1390), ch. 237, p. 1755, � 23, effective May 26; (1) amended, (SB 22-162), ch. 469, p. 3359, � 27, effective August 10. L. 2024: (6)(g) added and (8)(a) amended, (HB 24-1278), ch. 337, p. 2284, � 2, effective September 1. L. 2025: (6)(a), (6)(e), and IP(7) amended, (SB 25-315), ch. 237, p. 1193, � 9, effective July 1, 2026; (6)(d)(IV) and (7)(a)(II) added by revision, (SB 25-315), ch. 237, pp. 1193, 1201, �� 9, 26.
Cross references: (1) For the legislative declaration in HB 22-1390, see section 1 of chapter 237, Session Laws of Colorado 2022.
(2) For the short title (the Debbie Haskins 'Administration Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
22-35-108. Accelerating students through concurrent enrollment program - objectives - non-tuition expenses - rules - repeal. (1) (a) There is established the accelerating students through concurrent enrollment program, which is available to qualified students who are designated by their enrolling local education providers pursuant to subsection (2)(a) of this section. The objectives of the ASCENT program are to:
(I) Increase the percentage of students who participate in postsecondary education, especially among low-income and traditionally underserved populations;
(II) Decrease the number of students who do not complete high school;
(III) Decrease the amount of time that is required for a student to complete a postsecondary degree or certificate;
(IV) Reduce state expenditures for public education; and
(V) Increase the number of educational pathways available to students.
(b) Notwithstanding any provision of this article 35 to the contrary, a qualified student who is designated by the student's local education provider to be an ASCENT program participant pursuant to subsection (2) of this section may concurrently enroll in postsecondary courses, including academic courses and career and technical education courses, in the year directly following the year in which the qualified student was enrolled in the twelfth grade of the local education provider.
(2) (a) A local education provider may designate a qualified student as an ASCENT program participant if the qualified student:
(I) Has completed or is on schedule to complete at least nine credit hours of postsecondary course work prior to the completion of the qualified student's twelfth-grade year;
(II) Is not in need of a developmental education course;
(III) Has been accepted into a postsecondary degree program at an institution of higher education;
(IV) Has not been designated as an ASCENT program participant in a prior year.
(V) Has completed and submitted a free application for federal student aid or a Colorado application for state financial aid; and
(VI) Has satisfied any other selection criteria established by the board's guidelines, pursuant to subsection (4) of this section.
(b) Each local education provider that designates qualified students to participate in the ASCENT program shall, as provided by state board rule, report to the department the estimated number of ASCENT program participants that the local education provider will enroll for the following school year. The department, as part of its annual budget request to the general assembly, shall report the estimated total number of ASCENT program participants for the following school year.
(c) For the 2025-26 state fiscal year, the local education provider shall not designate a total number of ASCENT program participants that is greater than the total number of ASCENT program participants that it designated in the 2024-25 state fiscal year.
(3) The local education provider of a qualified student who is designated by the local education provider as an ASCENT program participant may include the student in the district's funded pupil count, or, in the case of a qualified student enrolled in an institute charter school, in the funded pupil count of the school's accounting district, as determined pursuant to article 54 of this title 22.
(4) The board shall establish guidelines as necessary for the administration of the ASCENT program, including selection criteria that the local education provider may use to designate qualified students as ASCENT program participants.
(5) For the purposes of part 5 of article 11 of this title 22 concerning school accountability reports, the department shall include ASCENT program participants in the reporting requirements, regardless of whether an ASCENT program participant has completed the participant's graduation requirements.
(6) For purposes of applying the provisions of article 11 of this title 22 concerning school accountability and reporting graduation rates, a qualified student who is an ASCENT program participant must be counted in the enrolling school district's or institute charter school's graduation rate in the school year in which the student completes the school district's or institute charter school's minimum high school graduation requirements. The state board shall promulgate rules for schools and school districts to follow in satisfying state and federal reporting requirements concerning the enrollment status of ASCENT program participants. To the extent practicable, the rules must ensure that schools and school districts are not adversely affected in calculating and reporting the completion of high school graduation requirements by qualified students who have been designated by local education providers as ASCENT program participants. The rules must include, at a minimum, reporting requirements relating to:
(a) The provisions of article 7 of this title 22 concerning educational accountability; and
(b) The provisions of article 11 of this title 22 concerning educational accreditation.
(7) On or before December 1, 2024, the department shall submit a report to the education committees of the house of representatives and the senate, or their successor committees, and the joint budget committee, concerning recommendations to improve the ASCENT program. At a minimum, the report must include:
(a) A sample-based analysis of the expenditures required of local education providers to offer the ASCENT program, including information regarding the amount paid for student tuition; fees; textbooks; transportation; student support services, including counseling; and any other expenditures required of local education providers for general overhead. The report must include information from a sample of schools that designated ASCENT program participants during the 2023-24 budget year and recommendations for future data collections regarding ASCENT program expenditures.
(b) Information provided by districts to the department regarding ASCENT program services and expenditures that have the greatest effect; and
(c) Recommended changes to improve the ASCENT program, including an estimate of how the recommendations would improve outcomes based on the objectives stated pursuant to subsection (1)(a) of this section.
(8) Notwithstanding any law to the contrary, the local education provider shall not designate a qualified student as an ASCENT program participant for the 2026-27 state fiscal year or any state fiscal year thereafter.
(9) This section is repealed, effective July 1, 2029.
Source: L. 2009: Entire article R&RE, (HB 09-1319), ch. 286, p. 1311, � 1, effective May 21; IP(1)(a), (1)(a)(III), and (1)(b) amended, (SB 09-285), ch. 425, p. 2374, � 6, effective June 4. L. 2013: (2)(c)(III) amended, (SB 13-108), ch. 116, p. 399, � 3, effective April 8; IP(2)(a) and (2)(c)(II) amended, (2)(c)(I) and (2)(c)(III) repealed, and (2)(c)(IV) added, (HB 13-1219), ch. 104, p. 363, � 12, effective August 7. L. 2015: (3) amended, (SB 15-138), ch. 188, p. 624, � 1, effective May 13; (3) amended, (HB 15-1270), ch. 195, p. 659, � 7, effective August 5. L. 2017: (5) and (6)(b) amended and (6)(a) repealed, (HB 17-1294), ch. 327, p. 1754, � 1, effective June 5. L. 2019: (2)(a)(II) amended, (HB 19-1206), ch. 133, p. 603, � 13, effective April 25. L. 2022: Entire section amended, (HB 22-1390), ch. 237, p. 1751, � 20, effective May 26. L. 2024: IP(1)(a), (1)(b), (2)(a)(III), (3), and (4) amended and (2)(a)(V), (2)(a)(VI), (2)(c), and (7) added, (HB 24-1393), ch. 74, p. 243, � 1, effective April 18; (3) amended, (HB 24-1448), ch. 236, p. 1533. � 47, effective May 23. L. 2025: (2)(c) amended and (8) and (9) added, (SB 25-315), ch. 237, p. 1190, � 2, effective May 23.
Editor's note: (1) Subsection (2)(b)(II) provided for the repeal of subsection (2)(b), effective July 1, 2012. (See L. 2009, p. 1311.)
(2) Amendments to subsection (3) by HB 24-1393 and HB 24-1448 were harmonized.
Cross references: For the legislative declaration in the 2013 act amending subsection (2)(c)(III), see section 1 of chapter 116, Session Laws of Colorado 2013. For the legislative declaration in HB 19-1206, see section 1 of chapter 133, Session Laws of Colorado 2019. For the legislative declaration in HB 22-1390, see section 1 of chapter 237, Session Laws of Colorado 2022.
22-35-108.5. Teacher recruitment education and preparation (TREP) program - objectives - selection criteria - rules - definition - repeal. (1) (a) There is established the teacher recruitment education and preparation program, referred to in this section as the TREP program. Beginning in the 2022-23 school year, the department shall administer the TREP program pursuant to this section and guidelines established by the board pursuant to subsection (4) of this section and approved by the state board for community colleges and occupational education. The objectives of the TREP program are to:
(I) Increase the number of students who enter the teaching profession;
(II) Increase the percentage of students who participate in postsecondary educator preparation programs, especially among low-income and traditionally underserved populations;
(III) Create a more diverse teacher workforce to reflect the ethnic diversity of the state;
(IV) Decrease the amount of time that is required for a student to complete a postsecondary educator preparation degree or certificate; and
(V) Increase the opportunities to participate in the teaching career pathway.
(b) Notwithstanding any provisions of this article 35 to the contrary, a qualified student who is designated by the department to be a TREP program participant pursuant to subsection (2) of this section may concurrently enroll in postsecondary courses in the two years directly following the year in which the participant was enrolled in the twelfth grade of a local education provider.
(2) (a) Subject to available appropriations, the department may designate as a TREP program participant a qualified student who:
(I) Is following the teaching career pathway created in section 23-60-110 and is on schedule to complete the courses specified in the teaching career pathway for the twelfth grade year and is enrolling in the postsecondary courses identified in the teaching career pathway for the fifth and sixth years;
(II) Is not in need of a developmental education course;
(III) Has been selected for participation in the TREP program by the participant's high school principal or equivalent school administrator;
(IV) Has been accepted into a postsecondary degree program at an institution of higher education; and
(V) Has satisfied any other selection criteria established by guidelines established by the board pursuant to subsection (4) of this section and approved by the state board for community colleges and occupational education.
(b) (I) The department, as part of its annual budget request to the general assembly, shall report the total number of potential TREP program participants for the following school year.
(II) Repealed.
(III) The department shall not designate a greater number of TREP program participants for a school year than the number of participants the general assembly approves for funding in the annual appropriation act for the applicable budget year.
(3) (a) The local education provider that enrolls a qualified student who is designated by the department as a TREP program participant may include the student in the school district's funded pupil count, or, in the case of a student enrolled in an institute charter school, in the funded pupil count of the institute charter school's accounting district as determined pursuant to article 54 of this title 22.
(b) A local education provider that receives extended high school funding, as described in article 54 of this title 22, in a budget year for program participants may expend the funding on behalf of TREP program participants who enroll in an institution of higher education during that budget year and on behalf of the TREP program participants who, by May 1 of that budget year, are admitted to an institution of higher education to participate in the TREP program during the next budget year.
(c) The local education provider shall certify to the department by May 10 of each year the list of TREP program participants who are admitted to an institution of higher education to participate in the TREP program during the next budget year. At the end of the budget year in which the local education provider receives the extended high school funding for TREP program participants, the local education provider shall remit to the department any remaining amount of the funding that the local education provider is not using for a TREP program participant who is included on the certified list.
(4) The board shall establish guidelines for the administration of the TREP program that are approved by the state board for community colleges and occupational education, including but not limited to selection criteria that the department may use pursuant to subsection (2)(a)(V) of this section to designate qualified students as TREP program participants.
(5) For purposes of part 5 of article 11 of this title 22 concerning school accountability reports, the department shall include TREP program participants in the reporting requirements, regardless of whether a TREP program participant has completed the graduation requirements.
(6) For purposes of applying the provisions of article 11 of this title 22 concerning school accountability and reporting graduation rates, a qualified student who is a TREP program participant must be counted in the enrolling school district's or institute charter school's graduation rate in the school year in which the student completes the school district's or institute charter school's minimum high school graduation requirements. The state board of education shall promulgate rules for schools and school districts to follow in satisfying state and federal reporting requirements concerning the enrollment status of TREP program participants. To the extent practicable, the rules must ensure that schools and school districts are not adversely affected in calculating and reporting the completion of high school graduation requirements by qualified students who have been designated by the department as TREP program participants. The rules must include, at a minimum, reporting requirements related to:
(a) The provisions of article 7 of this title 22 concerning educational accountability; and
(b) The provisions of article 11 of this title 22 concerning educational accreditation.
(7) On or before July 1, 2031, the department shall prepare and submit to the education committees of the senate and house of representatives, or any successor committees, a report concerning the outcomes achieved by the TREP program and the effectiveness of the TREP program in meeting the objectives described in section 22-35-108.5 (1). Based on the outcomes achieved and the evaluation of effectiveness, the department shall include in the report a recommendation as to whether the TREP program should be continued, amended, or repealed.
(8) Institutions of higher education that offer a program of off-campus instruction and that have courses included in the guaranteed transfer pathway matrix, as defined in section 23-1-108.5 (2), or that are part of a statewide degree transfer agreement, as described in section 23-1-108 (7), may participate in the TREP program only if the courses are offered at a tuition rate that does not exceed the tuition rate established by the state board for community colleges and occupational education.
Source: L. 2021: Entire section added, (SB 21-185), ch. 246, p. 1326, � 5, effective September 7. L. 2024: (7) amended, (SB 24-135), ch. 34, p. 108, � 7, effective March 22; (3)(a) and (3)(b) amended, (HB 24-1448), ch. 236, p. 1534, � 48, effective May 23. L. 2025: (2)(b)(II) repealed, (SB 25-315), ch. 237, p. 1190, � 3, effective May 23; (8) added, (SB 25-154), ch. 173, p. 725, � 2, effective August 6.