(1) As used in this section, unless the context otherwise requires:
(a) Graduation attire means attire that a public institution of higher education requires a student to wear as part of the dress code for a graduation ceremony.
(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.
(c) Qualifying student means a student that is a descendant of people who were living in North America prior to the time people from Europe began settling in North America, is an enrolled member of a federally recognized or state- recognized Indian tribe, or is a lineal descendant of a tribally enrolled parent or grandparent.
(d) Tribal regalia means a tribe's traditional dress or recognized objects of religious or cultural significance and includes the following items of cultural significance:
(I) Tribal symbols;
(II) Beads; and
(III) Feathers, in line with the Migratory Bird Treaty Act of 1918.
(e) Tribe means a tribe, band, nation, or Alaskan Native village that is recognized by federal law or that a state formally acknowledges.
(2) A qualifying student may wear and display tribal regalia during a graduation ceremony; except that a qualifying student who is not an enrolled member of a tribe shall not wear eagle feathers. Wearing tribal regalia includes decorating graduation attire with tribal regalia; except that a qualifying student who is not an enrolled member of a tribe shall not decorate with eagle feathers.
(3) (a) An immediate family member of a qualifying student may wear and display tribal regalia during the qualifying student's graduation ceremony if the immediate family member is:
(I) An enrolled member of a tribe;
(II) Eligible to be enrolled as a member of a tribe; or
(III) A lineal descendant of a tribally enrolled parent or grandparent.
(b) Notwithstanding subsection (3)(a) of this section, an immediate family member who is not an enrolled member of a tribe shall not wear eagle feathers.
(4) A public institution of higher education shall not prohibit a qualifying student or immediate family member of the qualifying student from wearing and displaying tribal regalia at a graduation ceremony.
Source: L. 2023: Entire section added, (SB 23-202), ch. 149, p. 633, � 2, effective May 4.
23-1-137.7. Wearing cultural or religious objects at college graduation ceremonies - definitions. (1) As used in this section, unless the context otherwise requires:
(a) Adornment means something attached to, or worn with, but not replacing or covering in its entirety, graduation attire, and is not limited to decorating graduation caps.
(b) Cultural means a recognized practice or tradition of a certain group of people and includes only a protected class based on disability, race, ethnicity, creed, color, sex, sexual orientation, gender identity, gender expression, family composition, religion, age, national origin, or ancestry. Cultural does not include objects related to tribal regalia as defined in section 23-1-137.5, incitement, defamation, fraud, obscenity, child pornography, fighting words, and threats.
(c) Graduation attire means attire that a public institution of higher education requires a student to wear as part of the dress code for a graduation ceremony.
(d) 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.
(e) Student means an individual participating in the graduation ceremony as a graduate.
(2) A student may wear recognized objects of cultural or religious significance as an adornment during the student's graduation ceremony. If a public institution of higher education has a dress code policy, an adornment worn by a student must comply with the public institution of higher education's dress code policy, as long as the dress code policy does not infringe upon a student's gender expression, as defined in section 24-34-301, gender identity, religion, or culture.
(3) A public institution of higher education shall not impose restrictions on what a student may wear under the student's required graduation attire beyond what is required by a public institution of higher education's dress code policy, as long as the dress code policy does not infringe upon a student's gender expression, as defined in section 24-34-301, gender identity, religion, or culture.
(4) (a) This section does not limit a public institution of higher education's ability to prohibit an adornment that is likely to cause a substantial disruption of, or material interference with, the graduation ceremony.
(b) A prohibition imposed by a public institution of higher education pursuant to subsection (4)(a) of this section must be:
(I) Based on evidence of disruption rather than relying on an undifferentiated fear or apprehension of disturbance; and
(II) By the least restrictive means necessary.
(5) On or before the start of the 2024-25 school year, a public institution of higher education shall develop and adopt a policy that aligns with the requirements of this section.
(6) This section applies to all public institutions of higher education graduations.
(7) This section does not limit the rights of certain individuals to wear tribal regalia to a public institution of higher education's graduation, as described in section 23-1-137.5.
Source: L. 2024: Entire section added, (HB 24-1323), ch. 419, p. 2862, � 5, effective June 5.
23-1-138. Commission directive - institutional role and mission - service areas - workforce development - study - report - legislative declaration - repeal. (Repealed)
Source: L. 2021: Entire section added, (HB 21-1330), ch. 377, p. 2508, � 13, effective June 29.
Editor's note: Subsection (4) provided for the repeal of this section, effective July 1, 2022. (See L. 2021, p. 2508.)
23-1-139. Department directive - contract for use of online platform for public benefits. The department shall contract for and facilitate the use of an online platform by any institution of higher education in Colorado, whether public or private, in order to assist students in accessing public benefits. Individual institutions that use the online platform that the department contracts for are required to contribute financially for use of the platform.
Source: L. 2022: Entire section added, (SB 22-182), ch. 356, p. 2542, � 1, effective June 3.
23-1-140. Commission directive - statewide student success measures - definitions. (1) (a) No later than December 31, 2022, the commission shall enact a policy directing the department to develop student success measures that measure the progression of students through postsecondary education and the impact of postsecondary pathways on a student's career opportunities and success.
(b) The student success measures must include postsecondary success measures and workforce success measures. The commission shall prioritize development of the postsecondary success measures. Postsecondary success measures may include, but are not limited to, credit accumulation, course passage, cost of attendance, retention rates, credential completion rates, student support access and effectiveness, graduate program enrollment, and student mobility. The student success measures must include data on nontraditional students who are not first-time, full-time freshman students, including graduation rates for nontraditional students, and credential and certificate completion rates for transfer students. The student success measures must also include measures for student enrollment status two, four, and six years after a student enrolls in an institution of higher education. Workforce success measures may include, but are not limited to, postsecondary employment outcomes for students, job placements, earnings, and the length of time it takes a student to recoup the cost of completing a credential at an institution based on the student's increased earnings, known as the price-to-earnings premium. The commission shall determine which specific postsecondary and workforce success measures are included in its policy.
(2) (a) In developing the student success measures, the department shall collaborate with the commission, each institution of higher education, the Colorado workforce development council, the department of labor and employment, the department of education, the office of economic development and international trade, representatives from industry, and organizations that support current or potential students and parents.
(b) The department, in consultation with institutions of higher education and subject to the approval of the commission, shall determine the methodology used to calculate the measures.
(3) (a) The department shall contribute education and workforce readiness data beginning in the 2025-26 state fiscal year, as necessary, to the Colorado statewide longitudinal data system consistent with the governance practices established by the Colorado statewide longitudinal data system governing board pursuant to section 24-37.5-125 (4).
(b) Upon the department's request, an institution of higher education shall submit to the department any data that the department reasonably requires for purposes of subsection (3)(a) of this section.
Source: L. 2022: Entire section added, (HB 22-1349), ch. 349, p. 2493, � 2, effective August 10. L. 2024: (3) added, (HB 24-1364), ch. 238, p. 1561, � 13, effective May 23.
Cross references: For the legislative declaration in HB 22-1349, see section 1 of chapter 349, Session Laws of Colorado 2022.
23-1-141. Student success data system - student success data transparency - appropriation - definition. (1) 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.
(2) (a) The department shall create and maintain a statewide data system of student success information to enhance data-based decision-making by institutions and the public in order to increase student success using the student success measures determined by the commission. The data system includes institution interfaces described in subsection (3) of this section and a public interface. The data system must have the functionality to be developed into a longitudinal data system over time that connects K-12, postsecondary, and workforce information.
(b) (I) The commission shall provide guidance to the department on the information that should be included in the data system to align the data system with the student success measures developed pursuant to section 23-1-140.
(II) Each institution shall report postsecondary success information to the department that the department determines necessary for inclusion in the statewide data system.
(III) The department shall obtain student workforce data necessary for the data system by the best means possible, including obtaining employment information and earnings from the department of labor and employment, the Colorado workforce development council, or any other initiative or data-sharing platform that allows the department to obtain workforce data. The department of labor and employment, the Colorado workforce development council, and the department of education shall provide to the department the information that the department deems necessary to implement and operate the data system.
(c) The department may include in the statewide data system employment and wage outcome data of a workforce development or training program that joins the data system. In order to join the data system, a workforce development or training program must be listed in the eligible training provider lists described in section 8-83-225 (1)(c) or receiving funding under Title I of the federal Workforce Innovation and Opportunity Act, 29 U.S.C. sec. 3101 et seq. The department may provide a user-friendly and accessible option for a program described in this subsection (2)(c) to deliver data to the department.
(d) In developing the data system, the department shall collaborate with the Colorado workforce development council, the department of labor and employment, the department of education, and the office of economic development and international trade. The department shall also seek input from each institution of higher education, Colorado employers, Colorado students, and other workforce training providers offering an industry recognized credential.
(e) The department may enter into an agreement with a third party to create and maintain the data system and any materials derived from the system. If the department enters into an agreement with a third party, the department shall ensure that both the department and the third party comply with all state and federal laws and regulations concerning the privacy of student information, including the federal Family Educational Rights and Privacy Act of 1974, 20 U.S.C. sec. 1232g, as amended.
(3) (a) The department shall work with an institution to include information on an interface that is internal to that institution. Information available on an institution interface may provide student success data that is more timely, more granular, appears in a different format, or includes functionality that is different from information provided on the public interface.
(b) If an institution maintains or intends to create its own data system that aligns with the goals of the statewide data system and the department determines that there is sufficient alignment, the department may, with the approval of the commission, allocate money to the institution for the creation, improvement, or maintenance of the institution's data system instead of creating an interface that is internal to that institution. The department shall not allocate to the institution an amount greater than the cost to the department for creating an interface that is internal to the institution. An institution that receives an allocation is not exempt from the requirement to report student educational success information to the department pursuant to subsection (2)(b)(II) of this section.
(4) The public interface of the data system includes student success information that is aligned with the student success measures developed pursuant to section 23-1-140. The commission shall determine the specific student success information that must be included in the public interface, including determining how the information is disaggregated by student populations, including populations identified by race, ethnicity, gender, first-generation status, disability, and socioeconomic factors. The public interface must allow a user to conduct an interactive search to view and compare student success information for specific institutions and credential programs so that the user may make informed decisions regarding the economic opportunity and trade-offs of various educational and career training options. The department shall update the data in the public interface as frequently as practicable, but at least annually, to ensure that Colorado students and the public have the most relevant and current information available.
(5) (a) The commission shall, in collaboration with the office in the department that is responsible for developing policy to remove equity gaps in postsecondary education in Colorado, use the data included in the institution and statewide data system to examine educational and workforce success disparities among various student populations, including populations identified by race, ethnicity, gender, first-generation status, disability, age, and socioeconomic factors.
(b) In order to further the goal of using data to improve institutional decision-making and best practices, the commission shall facilitate information sharing among institutions about practices implemented by an institution based on data learned from the data system.
(6) (a) In order to facilitate the collection of student success data and information from institutions of higher education, the department shall update and modernize its data collection systems, including its student-unit record data system.
(b) The department, in collecting data from institutions, may use, when possible, open-source data transparency languages that utilize open, interoperable data formats.
(7) On or before January 15, 2025, and on or before January 15, 2026, the commission shall submit a report to the house of representatives education committee and senate education committee on the work required and any barriers identified, including recommendations for legislative changes necessary, on the progress of the statewide longitudinal data system created in section 24-37.5-125 (2)(a) that connects K-12, postsecondary education, and workforce information.
(8) Repealed.
Source: L. 2022: Entire section added, (HB 22-1349), ch. 349, p. 2494, � 3, effective August 10. L. 2024: (7) amended, (HB 24-1210), ch. 17, p. 44, � 1, effective March 6; (7) amended, (HB 24-1364), ch. 238, p. 1561, � 15, effective May 23.
Editor's note: (1) Amendments to subsection (7) by HB 24-1364 and HB 24-1210 were harmonized.
(2) Subsection (8)(b) provided for the repeal of subsection (8), effective December 31, 2024. (See L. 2022, p. 2494.)
Cross references: For the legislative declaration in HB 22-1349, see section 1 of chapter 349, Session Laws of Colorado 2022.
23-1-142. Commission directive - expansion of forestry and wildfire mitigation degree and certificate programs - simulator - legislative declaration - definitions - repeal. (1) (a) The general assembly finds that:
(I) Colorado communities and forests have suffered significant losses due to the increasing number and severity of wildfire events; and
(II) Colorado lacks sufficient undergraduate degree and certificate programs in forestry, including wildfire mitigation, to meet the significant workforce needs of the state.
(b) Therefore, the general assembly declares that additional investment is necessary to expand existing programs and create additional undergraduate degree and certificate programs across the state in forestry, including wildfire mitigation, to provide a vital workforce for Colorado and to keep the state's forests and communities healthy and safe.
(2) As used in this section, unless the context otherwise requires:
(a) Forestry program means an undergraduate degree or certificate program that will meet forestry workforce needs, including forest health and management and wildfire mitigation.
(b) Public institution of higher education means a state institution of higher education as identified in section 23-18-102 (10)(a), a local district college, or an area technical college.
(c) Simulator means a harvesting simulator used to train students in operations relating to forest management.
(3) (a) Subject to available appropriations, the commission may approve the expansion of existing forestry programs and the creation of new forestry programs at public institutions of higher education. The initial cost for the creation and expansion of forestry programs may be funded through grants approved by the commission. The department may use money appropriated for the 2023-24 and 2024-25 state fiscal years for grants pursuant to this section.
(b) The grant may be used for:
(I) Program design and administrative expenses necessary to expand or create the forestry programs;
(II) The acquisition of a simulator for the forestry program once the program is established, which may be shared with forestry programs at other public institutions of higher education; and
(III) Any other costs associated with expanding existing forestry programs or creating a new forestry program.
(4) If more than one public institution of higher education wishes to expand an existing forestry program or create a new forestry program, the commission, in consultation with the Colorado state forest service, shall determine the location of the programs, prioritizing programs and public institutions of higher education that can provide a trained workforce expeditiously. In addition to other relevant factors, the commission shall consider:
(a) The distribution of forestry programs across the state;
(b) The need for a forestry workforce in the surrounding community or region of the state;
(c) The projected student interest in the forestry programs at the competing locations; and
(d) Accessibility and equity.
(5) This section is repealed, effective July 1, 2027.
Source: L. 2023: Entire section added, (SB 23-005), ch. 172, p. 846, � 5, effective May 12.
23-1-143. Commission directive - first-generation-serving institution designation - legislative declaration - definitions. (1) The general assembly finds and declares that:
(a) In 2017, the Colorado commission on higher education, in its master plan, Colorado Rises: Advancing Education and Talent Development, set a statewide attainment goal for sixty-six percent of Colorado's adult population to hold a postsecondary credential;
(b) Colorado has made progress, but as of 2023, the state has still not met this goal;
(c) One of the ways to increase the number of people holding a postsecondary credential is to increase the number of first-generation students attending institutions of higher education;
(d) By recognizing and designating institutions of higher education that serve a large number of first-generation students, the state shows incoming students at those institutions that the students may share a sense of belonging with others of similar backgrounds and that the institutions are committed to meeting the needs of first-generation students;
(e) Institutions of higher education serving first-generation students incur increased costs; and
(f) It is therefore necessary to establish a designation to recognize state institutions of higher education serving first-generation students.
(2) As used in this section, unless the context otherwise requires:
(a) First-generation-serving institution means a state institution of higher education:
(I) Whose average resident first-generation undergraduate student population share, as defined in section 23-18-302, for the most recent year that the information is available and the two previous years equals or exceeds the statewide average resident first-generation undergraduate student population share as reported by the department for the fall 2022 term; or
(II) That has secured a First Scholars Network of Institutions designation from the Center for First-generation Student Success or a similarly rigorous independent third-party designation.
(b) State institution of higher education has the same meaning as public institution of higher education as defined in section 23-4.5-102.
(3) Within thirty days after the annual public release of enrollment, retention, and graduation data from each state institution of higher education in 2024 and each year thereafter, the department shall:
(a) Identify institutions of higher education that meet the definition of first-generation-serving institutions for that school year;
(b) Post on the department's website the names of the first-generation-serving institutions for that school year; and
(c) Notify each first-generation-serving institution and the Colorado general assembly of the designations.
Source: L. 2024: Entire section added, (HB 24-1082), ch. 61, p. 207, � 1, effective August 7.