(1) On or before September 1, 2013, the commission shall implement a policy whereby, except as limited in this section, each institution of higher education in the state shall waive all tuition costs, including any mandatory fees associated with attendance at the institution, for an exonerated person, as defined in section 13-65-101 (3), C.R.S., and for any child of an exonerated person or custodial child of an exonerated person, as defined in section 13-65-101 (2), C.R.S., if:
(a) The exonerated person, or the child or custodial child of the exonerated person, satisfies the criteria described in subsection (2) of this section;
(b) The exonerated person, or the child or custodial child of the exonerated person, satisfies the admission requirements of the institution; and
(c) The exonerated person, or the child or custodial child of the exonerated person, remains in satisfactory academic standing in accordance with the academic policies of the institution.
(2) To receive a tuition waiver from an institution of higher education as described in subsection (1) of this section, an exonerated person or child or custodial child of an exonerated person shall apply to the institution and request such waiver in writing not later than two years after the later of the following dates:
(a) The date upon which a court issued to the state court administrator directions to compensate an exonerated person pursuant to section 13-65-103, C.R.S.; or
(b) In the case of a child or custodial child of an exonerated person, the date upon which the child graduated from high school.
(3) The policy described in subsection (1) of this section must be implemented by all state-supported institutions of higher education, including but not limited to all postsecondary institutions in the state supported in whole or in part by state funds, including community colleges, extension programs of the state-supported universities and colleges, local district colleges, and area technical colleges.
Source: L. 2013: Entire section added, (HB 13-1230), ch. 409, p. 2425, � 4, effective June 5. L. 2016: (3) amended, (HB 16-1082), ch. 58, p. 143, � 12, effective August 10.
Cross references: For the legislative declaration in the 2013 act adding this section, see section 1 of chapter 409, Session Laws of Colorado 2013.
23-1-133. Commission directive - bachelor of science degree in nursing program - Aims community college - approval.
(1) Repealed.
(2) (a) In determining whether to approve a bachelor of science degree in nursing program as a completion degree to students who have or are pursuing an associate degree in nursing or a practical nursing certificate for Aims community college pursuant to section 23-71-102 (1)(b)(II)(B), the commission shall consider the following criteria:
(I) Whether Aims community college provides data demonstrating workforce and student demand for the degree program;
(II) The regional and professional accreditation requirements for the degree program, if applicable, and whether the college can satisfy those requirements, as appropriate, at both the institutional and program levels;
(III) Whether Aims community college can demonstrate that providing the degree program within its service area is cost-effective for the student and Aims community college;
(IV) Whether Aims community college can demonstrate that the degree program is sufficiently distinguishable from:
(A) An existing degree program at a state four-year institution of higher education that is provided to a student who resides in Aims community college's geographic service area, as defined by the commission pursuant to section 23-1-109 (2), without the student having to change his or her residence; or
(B) A degree program that has been successfully offered previously in conjunction with a state four-year institution of higher education, which degree program will be reinstated sooner than the degree program could be offered by the community college; and
(V) Whether the degree program could be provided through a statewide transfer agreement pursuant to section 23-1-108 (7) with an accredited state four-year institution in Aims community college's geographic service area or with an accredited state four-year institution of higher education that has a statewide service area, as defined by the commission pursuant to section 23-1-109 (2), that will deliver an existing bachelor of science degree in nursing program in Aims community college's geographic service area sooner than the degree program could be offered by Aims community college.
(b) In addition, in determining whether to approve a bachelor of science degree in nursing program, the commission:
(I) Shall consider whether Aims community college has met the criteria set forth in subsections (2)(a)(I) to (2)(a)(IV) of this section and whether the proposed degree program is in the best interests of the state of Colorado;
(II) Shall consult with Aims community college and state four-year institutions of higher education concerning whether the collaboration described in subparagraph (V) of paragraph (a) of this subsection (2) is feasible; and
(III) May consult with any state four-year institution of higher education that shares the same geographic service area, as defined by the commission pursuant to section 23-1-109 (2), concerning the proposed degree program to inform the commission of any anticipated systemwide effects of the new degree program.
Source: L. 2014: Entire section added, (SB 14-004), ch. 13, p. 119, � 4, effective August 6. L. 2021: (1) repealed and IP(2)(a), (2)(a)(V), IP(2)(b), and (2)(b)(I) amended (HB 21-1330), ch. 377, p. 2504, � 7, effective June 29. L. 2022: IP(2)(a) amended, (SB 22-003), ch. 71, p. 368, � 2, effective August 10.
Cross references: For the legislative declaration in SB 14-004, see section 1 of chapter 13, Session Laws of Colorado 2014. For the legislative declaration in HB 21-1330, see section 1 of chapter 377, Session Laws of Colorado 2021.
23-1-134. Commission directive - open educational resources - course notice - report - definitions. (1) The commission shall adopt guidelines to require public institutions of higher education to ensure that, beginning in the fall of 2021, students are informed prior to course registration, and beginning no later than the fall of 2025, students are also informed at the point of course registration, concerning which courses and sections use open educational resources or other low-cost materials.
(2) The department shall review the policies pertaining to the creation and use of open educational resources, including open licensing policies, adopted by public institutions of higher education throughout the state. The department shall identify and determine the efficacy of any provisions included in said policies that expand the use and promote the sustainability of open educational resources.
(3) Notwithstanding the requirement in section 24-1-136 (11)(a)(I), on or before October 1, 2021, and on or before December 1 each year thereafter through December 1, 2026, the department shall prepare and shall submit to the commission, the council, the joint budget committee, and the education committees of the senate and the house of representatives, or any successor committees, a report concerning implementation and development of open educational resources around the state. The department shall work with the council in preparing the report, and the public institutions of higher education shall collaborate with the department and council in providing the information necessary for the report. At a minimum, the report must include:
(a) The degree to which all public institutions of higher education are adopting open educational resources support programs and ensuring universal awareness of open educational resources among faculty and students;
(b) Descriptions and evaluations of the efficacy of provisions included in open educational resources policies across the state that expand the use and promote the sustainability of open educational resources;
(c) The number and percentage of the courses offered by the public institutions of higher education that use open educational resources as the primary resources for the course;
(d) The number and percentage of the degree programs offered by the public institutions of higher education that are zero-textbook-cost degree programs;
(e) The open educational resources created and shared by grant program recipients;
(f) The number of open educational resources revised and adopted by grant program recipients;
(g) For public institutions of higher education that receive a grant through the grant program or that employ faculty or staff that receive a grant, the course enrollment, completion, and pass rates for courses that use open educational resources compared to courses that do not use these resources and the enrollment and completion rates for zero-textbook-cost degree programs compared to other degree programs; and
(h) The summarized information concerning implementation of the grant program as described in section 23-4.5-104 (4)(a).
(4) As used in this section:
(a) Council means the open educational resources council created in section 23-4.5-103.
(b) Grant program means the open educational resources grant program created in section 23-4.5-104.
(c) Public institution of higher education has the same meaning as provided in section 23-4.5-102 (7).
(d) Zero-textbook-cost degree program has the same meaning as provided in section 23-4.5-102 (8).
Source: L. 2017: Entire section added, (SB 17-258), ch. 191, p. 693, � 1, effective May 3. L. 2018: Entire section R&RE, (HB 18-1331), ch. 186, p. 1259, � 2, effective April 30. L. 2021: Entire section amended, (SB 21-215), ch. 97, p. 389, � 7, effective May 5. L. 2024: IP(3) amended, (SB 24-135), ch. 34, p. 111, � 13, effective March 22.
23-1-135. Department directive - undergraduate degree and certificate programs - annual return on investment report - definition - repeal. (1) (a) The general assembly finds and declares that:
(I) Colorado's economic growth depends upon a strong workforce with the education and training necessary to succeed in twenty-first-century careers;
(II) Colorado's state system of higher education is the primary source of education and training for Coloradans pursuing these careers;
(III) Further, Colorado's system of higher education must meet the postsecondary education needs of all of its residents, including providing reasonable access to higher education statewide, in order for Colorado to succeed in meeting its goals for an educated workforce;
(IV) With future state funding levels for higher education uncertain due to competing demands on the state's budget, the state has an obligation to taxpayers and to consumers of higher education in Colorado to make the best possible use of state resources; and
(V) Ensuring that state policymakers and consumers of higher education have access to information concerning undergraduate degree and certificate programs, including student costs and average debt, as well as employment and earnings outcomes, is critical to evaluating higher education program choices as well as Colorado's economic and workforce goals.
(b) Therefore, the general assembly declares that it is appropriate for the department of higher education to prepare an annual return on investment report that includes an analysis of student costs and employment outcomes of undergraduate degree or certificate programs offered at Colorado public institutions of higher education.
(2) As used in this section, unless the context otherwise requires, institution of higher education or institution means the state institutions, as defined in section 23-18-102 (10)(a), the local district colleges, and the area technical colleges.
(3) (a) On or before July 31, 2019, and on or before July 31 each year thereafter, the department of higher education shall prepare a return on investment report of undergraduate degree and certificate programs offered by institutions of higher education. The department, in consultation with the governing boards of the institutions, shall determine the designation of degree and certificate programs for purposes of the return on investment report.
(b) The return on investment report must include information concerning the undergraduate degree and certificate programs offered at each institution including, at a minimum:
(I) [Editor's note: This version of subsection (3)(b)(I) is effective until July 1, 2026.] The number of students enrolled in the undergraduate degree or certificate program and the number of degrees and certificates awarded annually for the program, specifically identifying the number of high school students enrolled and the number of degrees and certificates awarded through the career development success program created in section 22-54-138;
(I) [Editor's note: This version of subsection (3)(b)(I) is effective July 1, 2026.] The number of students enrolled in the undergraduate degree or certificate program and the number of degrees and certificates awarded annually for the program; specifically identifying the number of high school students enrolled and the number of degrees and certificates awarded;
(II) The average time to completion for students completing the undergraduate degree or certificate program and the average number of credits earned by students completing the degree or certificate program;
(III) The average cost for completion of the undergraduate degree or certificate program, including mandatory program and institutional fees, for a student with in-state tuition classification;
(IV) The average student loan debt for students in the undergraduate degree or certificate program;
(V) The employment rate of undergraduate degree or certificate program graduates. For purposes of the report, information relating to the employment rate includes the number of individual graduates, the number of individual graduates matched through available data sources, and the number of individual graduates that are not included in the employment rate, with an explanation of why the graduates are excluded from the employment rate.
(VI) The average annual earnings of undergraduate degree or certificate program graduates one, five, and ten years after graduation or completion; and
(VII) Any other information necessary to complete the return on investment report.
(4) Notwithstanding section 24-1-136 (11)(a)(I), the department shall annually submit the return on investment report to the education committees of the house of representatives and of the senate, or any successor committees, and shall post the report on the department's website for public access.
(4.5) The department may collect the data necessary to calculate return on investment metrics similar to the information described in subsection (3)(b) of this section from a private occupational school, as defined by section 23-64-103 (20), approved by the private occupational school board; or an out-of-state public institution, as defined by section 23-2-102 (9), private college or university, as defined by section 23-2-102 (11), private nonprofit college or university, as defined by section 23-2-102 (12), private occupational school, as defined by section 23-2-102 (13), or seminary or religious training institution, as defined by section 23-2-102 (14), authorized by the commission. The department may include the collected information in the return on investment report.
(5) This section is repealed, effective July 1, 2027.
Source: L. 2018: Entire section added, (HB 18-1226), ch. 246, p. 1519, � 1, effective August 8. L. 2020: (4.5) added, (HB 20-1280), ch. 96, p. 376, � 1, effective September 14. L. 2021: (3)(b)(I) amended, (SB 21-119), ch. 383, p. 2567, � 3, effective September 7. L. 2025: (3)(b)(I) amended, (SB 25-315), ch. 237, p. 1197, � 18, effective July 1, 2026.
Cross references: For the legislative declaration in SB 21-119, see section 1 of chapter 383, Session Laws of Colorado 2021.
23-1-136. Department directive - federal student loan repayment and forgiveness program information. In addition to any other powers and duties set forth in law, the department shall annually distribute to the governing board for each state institution of higher education informational materials received from the department of personnel pursuant to section 24-5-102 relating to federal student loan repayment programs and student loan forgiveness programs.
Source: L. 2019: Entire section added, (SB 19-057), ch. 35, p. 115, � 8, effective August 2.
23-1-137. Prohibition on use of American Indian mascots - exemptions - definitions. (1) As used in this section, unless the context otherwise requires:
(a) American Indian mascot means a name, symbol, or image that depicts or refers to an American Indian tribe, individual, custom, or tradition that is used as a mascot, nickname, logo, letterhead, or team name for the school.
(b) Public institution of higher education means a public college, university, community college, area technical college, educational center, local district college, or junior college that is supported in whole or in part by general fund money.
(2) (a) Except as provided for in subsection (2)(b) of this section, on or after June 1, 2022, a public institution of higher education in the state is prohibited from using an American Indian mascot. Any public institution of higher education that is using such an American Indian mascot as of June 1, 2022, must immediately cease use of such American Indian mascot.
(b) The prohibition set forth in subsection (2)(a) of this section does not apply to:
(I) Any agreement that exists prior to June 30, 2021, between a federally recognized Indian tribe and a public institution of higher education. A public institution of higher education that is a party to such an agreement is held to a high standard and expected to honor the agreement. The federally recognized Indian tribe has the right and ability to revoke any such agreement at any time at its discretion.
(II) Any public institution of higher education that is operated by a federally recognized Indian tribe or with the approval of a federally recognized Indian tribe and existing within the boundaries of such tribe's reservation.
(3) For each month during which a public institution of higher education uses an American Indian mascot after June 1, 2022, the public institution of higher education shall pay a fine of twenty-five thousand dollars to the state treasurer, who shall credit the money received to the state education fund created in section 17 (4) of article IX of the state constitution.
Source: L. 2021: Entire section added, (SB 21-116), ch. 370, p. 2441, � 4, effective June 28. L. 2022: (1)(b) amended, (SB 22-212), ch. 421, p. 2974, � 46, effective August 10.
Cross references: For the legislative declaration in SB 21-116, see section 1 of chapter 370, Session Laws of Colorado 2021.