Notwithstanding any other provision of law to the contrary, any person holding a license to practice medicine in this state may accept employment from any public or private university, college, junior or community college, school district, or private nonprofit school to examine and treat the students of such a university, college, or school, and, if no increase in staff or expenditures is required by the university, college, or school, the spouses of such students.
Source: L. 69: p. 1065, � 1. C.R.S. 1963: � 124-1-12. L. 81: Entire section amended, p. 1095, � 1, effective June 4.
23-5-111. Educational benefits for dependents of prisoners of war and military personnel missing in action - definitions. (Repealed)
Source: L. 73: p. 1319, � 1. C.R.S. 1963: � 124-1-13. L. 79: Entire section repealed, p. 830, � 2, effective June 19.
Cross references: For present provisions concerning educational benefits for dependents of certain military personnel, see �� 23-3.3-201 and 23-3.3-204.
23-5-111.4. Tuition for members of the National Guard - definitions. (Repealed)
Source: L. 79: Entire section added, p. 831, � 1, effective July 1. L. 85: (2) and (3) amended, p. 778, � 1, effective May 10. L. 88: (3) amended, p. 858, � 7, effective July 1. L. 90: (3) amended, pp. 1154, 1142, �� 4, 7, effective July 1. L. 91: (2) to (5) amended and (6) to (9) added, p. 546, � 1, effective May 18. L. 96: (1) to (3) amended, p. 367, � 1, effective April 17; (3) amended, p. 11, � 1, effective August 7; (8) repealed, p. 1238, � 86, effective August 7. L. 99: (2)(a), (2)(b)(II), (2)(b)(IV), (2)(c), (3), (6), IP(7), and (7)(b) amended, p. 1138, � 1, effective August 4. L. 2002: (2)(a), (2)(c), (4), (5), (6), IP(7), IP(7)(a), (7)(b), and (9) amended, p. 356, � 9, effective July 1; (3) amended, p. 708, � 7, effective July 1, 2003. L. 2004: (2)(a.5) added and (9)(a) amended, pp. 1156, 1155, �� 3, 2, effective July 1. L. 2005: (2)(a.5), (2)(b)(IV), (2)(d), (3), (5), (6), and IP(7) amended, p. 257, � 1, effective July 1. L. 2007: (4) repealed, p. 1622, � 4, effective July 1. L. 2008: (3)(a) amended, p. 371, � 1, effective April 10. L. 2011: (3)(a) amended, (SB 11-265), ch. 292, p. 1367, � 20, effective August 10. L. 2012: (3)(a) amended, (HB 12-1080), ch. 189, p. 759, � 15, effective May 19; (3)(a) amended, (SB 12-148), ch. 125, p. 426, � 11, effective July 1; (3)(a) amended, (HB 12-1331), ch. 254, p. 1270, � 14, effective August 1. L. 2016: (3)(a) amended, (HB 16-1082), ch. 58, p. 145, � 17, effective August 10. L. 2017: (3)(a) and (9)(a) amended, (SB 17-174), ch. 10, p. 32, � 2, effective March 1. L. 2018: Entire section repealed, (HB 18-1228), ch. 103, p. 787, � 3, effective August 8.
Editor's note: This section was relocated to � 23-7.4-302 in 2018.
23-5-111.5. Educational benefits for dependents of deceased or permanently disabled National Guardsman - definitions. (Repealed)
Source: L. 77: Entire section added, p. 1107, � 1, effective August 1. L. 79: Entire section repealed, p. 830, � 2, effective June 19.
Cross references: For present provisions concerning educational benefits for dependents of certain National Guard personnel, see �� 23-3.3-201 and 23-3.3-205.
23-5-112. Gifts and bequests to institutions of higher education - venture development investment funds. (1) All state institutions of higher education are authorized to receive gifts and bequests of money or property which may be tendered to any such institution by will or gift. The governing board of such institution is authorized, subject to the terms of any gift or bequest and to provisions of any applicable law, to hold such funds or property in trust or invest or sell them and use either principal or interest or the proceeds of sale for the benefit of such institutions or the students or others for whose benefit such institutions are conducted.
(2) When a governing board of an institution of higher education is offered a gift of property, whether real or personal, which directly or indirectly involves significant ongoing expenditures, the institution shall require in connection therewith an endowment sufficient to fund such expenses. This subsection (2) shall not apply when the gift has been approved by the Colorado commission on higher education with the understanding that acceptance will require an allocation of state funding and the commission is satisfied that provision therefor can be made within available resources. The commission shall prepare a statement of procedures of review and of criteria to be applied in its review of any such gifts, which shall have the approval of the governor and joint budget committee.
(3) Nonprofit entities such as foundations, institutes, and similar organizations organized for the sole benefit of one or more state institutions of higher education are entitled to receive gifts and bequests of money or property which may be tendered to any such entity by will or gift. Such gifts and bequests are subject to audit by the state auditor or the state auditor's designee. If the entity is entirely separate and apart from the institution, if no employees of the institution serve as staff or as voting members of the entity's board, and if the funds and accounts of the entity are entirely separate from those of the institution, such gifts and bequests are subject to annual audit to be performed by an independent accounting firm engaged by the entity if determined in advance to be satisfactory to the legislative audit committee. The state auditor shall have access to all of the accountant's work papers. If, alternatively, the separate relationship does not prevail, members and employees of the board of the entity may include staff members or employees of the institution, and such gifts and bequests are subject to audit by the state auditor or the state auditor's designee.
(4) (a) Each state institution of higher education may elect to establish a venture development investment fund for the purpose of facilitating the commercialization of research projects conducted at a research institution of the institution or a research institution that has an office of technology transfer. A venture development fund may be administered by a nonprofit entity such as a foundation, institute, or similar organization that is affiliated with the institution.
(b) The purposes of a venture development investment fund established by a state institution of higher education pursuant to this section shall include, but need not be limited to, providing the following:
(I) Capital for entrepreneurial programs that are associated with the institution;
(II) Opportunities for students of the institution to gain experience in applying research to commercial activities;
(III) Proof-of-concept funding for the purpose of transforming research and development concepts into commercially viable products or services; and
(IV) Entrepreneurial opportunities for persons who are interested in transforming research into viable commercial ventures that create jobs in Colorado.
(c) Each state institution of higher education and each nonprofit entity, such as a foundation, institute, or similar organization, that is affiliated with a state institution of higher education is authorized to seek and accept gifts, grants, and donations to facilitate the establishment of a venture development investment fund.
(d) Individuals, businesses, and other entities are encouraged to donate moneys to research institutions of state institutions of higher education for the purpose of advancing the commercialization of research projects at the research institutions.
Source: L. 73: p. 1321, � 1. C.R.S. 1963: � 124-1-14. L. 2009: (4) added, (HB 09-1242), ch. 345, p. 1809, � 1, effective August 5. L. 2017: (3) amended, (SB 17-294), ch. 264, p. 1398, � 58, effective May 25.
23-5-113. Collection of loans and outstanding obligations - state educational institutions. (1) Notwithstanding the provisions of section 24-30-202.4, C.R.S., the governing board of any state educational institution may promulgate rules and regulations relating to procedures for collecting any loans or other outstanding obligations owed to such institution. The institution may employ private counsel or a collection agency to handle the collection of any such loan or obligation. Employment of private counsel or a collection agency shall be in accordance with the rules and regulations, but in no event shall the fees paid to the private counsel or collection agency exceed forty percent of the amount recovered.
(2) The institution is authorized to write off, release, or compromise any debt or obligation due the institution, but only in accordance with the rules and regulations applicable thereto.
Source: L. 83: Entire section added, p. 792, � 2, effective June 3. L. 2010: Entire section amended, (SB 10-003), ch. 391, p. 1850, � 27, effective June 9.
Cross references: For the legislative declaration in the 2010 act amending this section, see section 1 of chapter 391, Session Laws of Colorado 2010.
23-5-113.5. Prohibition on withholding transcripts and diplomas - postsecondary institution - remedy - definitions. (1) As used in this section, unless the context otherwise requires:
(a) Administrator means an administrator of the Uniform Consumer Credit Code designated pursuant to section 5-6-103.
(b) Debt means any money, obligation, claim, or sum, due or owing, or alleged to be due or owing, from a current or former student, but does not include a fee charged to a current or former student for the actual cost of providing a transcript or diploma.
(c) Financial aid funds means financial aid funds that a current or former student owes to a postsecondary institution under Title IV, or to the state, due to miscalculation, withdrawal, misinformation, or any other reason, not including the standard repayment of student loans.
(d) Postsecondary institution means a public institution of higher education, as defined in section 23-4.5-102 (7); a private institution of higher education, as defined in section 23-18-102 (9); or a private occupational school, as defined in section 23-2-102 (13).
(e) Room and board fees means any money, obligation, claim, or sum, due or owing, or alleged to be due or owing, from a current or former student for the provision of contractually agreed upon on-campus housing or meal services plans.
(f) Student loan ombudsperson means the student loan ombudsperson designated in section 5-20-104.
(2) (a) A postsecondary institution may refuse to provide a transcript or diploma to a current or former student on the grounds that the student owes a debt for tuition, room and board fees, or financial aid funds.
(b) Notwithstanding subsection (2)(a) of this section, a postsecondary institution shall not refuse to provide a transcript or diploma to a current or former student:
(I) On the grounds that the student owes a debt other than a debt for tuition, room and board fees, or financial aid funds; or
(II) If the student can demonstrate that the transcript or diploma is needed for one of the following exemptions:
(A) A job application;
(B) Transferring to another postsecondary institution;
(C) Applying for state, federal, or institutional financial aid;
(D) Pursuit of opportunities in the military or National Guard; or
(E) Pursuit of other postsecondary opportunities.
(c) Subsection (2)(b)(II) of this section does not apply to a foreign student, as defined in section 23-1-113.5.
(3) If a postsecondary institution provides a current or former student a transcript or diploma pursuant to subsection (2)(b) of this section, the postsecondary institution shall not:
(a) Condition provision of the transcript or diploma on payment of a debt;
(b) Charge a higher fee to obtain the transcript or diploma or provide less favorable treatment in response to the transcript or diploma request because the requesting current or former student owes a debt; or
(c) Otherwise use transcript or diploma issuance as a tool for debt collection.
(4) (a) Each postsecondary institution shall adopt a policy that outlines the process by which a student may obtain a transcript or diploma and the circumstances under which a transcript or diploma may be withheld pursuant to subsection (2) of this section from a current or former student who owes a debt. At a minimum, the policy must include:
(I) A reasonable process for verification of conditions a current or former student may demonstrate to receive an exemption pursuant to subsection (2) of this section;
(II) An opportunity to establish a payment plan for the debt;
(III) Identification of the point at which a student will no longer be able to register for classes due to the debt owed; and
(IV) Identification of the point at which a student may be subject to a transcript, diploma, or registration hold, including the time frames and amounts for which the holds are to be used and the lowest amount of debt at which the institution will assign the debt to a third-party collection agency.
(b) The postsecondary institution shall post the policy described in subsection (4)(a) of this section and the procedures for filing a complaint with the student loan ombudsperson and the administrator on the postsecondary institution's website and provide the policy and the procedures to students as part of the information shared relating to the cost of attendance that includes any additional fees, financial aid, scholarships, or other information.
(5) (a) Beginning July 1, 2024, each postsecondary institution shall annually report to the department of higher education concerning transcript and registration holds, including:
(I) The postsecondary institution's policy developed pursuant to subsection (4)(a) of this section;
(II) The number of students for whom the postsecondary institution is withholding official transcripts, diplomas, and registration privileges; and
(III) The number of past-due student accounts assigned to third-party collection agencies, including the number of students who are eligible for federal Pell grants.
(b) Beginning January 2025, and each January thereafter, the department of higher education shall annually report on the information described in subsection (5)(a) of this section at the department's annual hearing pursuant to the State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act, part 2 of article 7 of title 2.
(6) (a) The student loan ombudsperson may provide information to the public regarding the limits described in this section on withholding a transcript or diploma. The student loan ombudsperson and the administrator may receive complaints from current or former students who have had a transcript withheld.
(b) Beginning January 2025, and each January thereafter, the attorney general's office shall compile data on the complaints received by the student loan ombudsperson and the administrator pursuant to subsection (6)(a) of this section and annually report the data through the annual hearing for the department of law held pursuant to the State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act, part 2 of article 7 of title 2.
Source: L. 2022: Entire section added, (HB 22-1049), ch. 118, p. 549, � 1, effective April 21.
23-5-114. National direct student loans - authority to separately collect advances. Each advance remitted to an individual by a state-supported institution of higher education pursuant to the terms of a national direct student loan program master agreement shall constitute a separate obligation for purposes of institutional collection procedures and jurisdictional limits under section 13-6-403, C.R.S.
Source: L. 83: Entire section added, p. 793, � 2, effective June 3.