Colorado 2022 Regular Session

Colorado House Bill HB1002 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	Second Regular Session
2	2	Seventy-third General Assembly
3	3	STATE OF COLORADO
4	4	INTRODUCED
5	5
6	6
7	7	LLS NO. 22-0436.01 Julie Pelegrin x2700
8	8	HOUSE BILL 22-1002
9	9	House Committees Senate Committees
10	10	Education
11	11	A BILL FOR AN ACT
12	12	C
13	13	ONCERNING EXPANDING STUDENT ACCESS TO ENROLLMENT IN101
14	14	POSTSECONDARY COURSES WHILE THE STUDENT IS ENROLLED IN102
15	15	HIGH SCHOOL.103
16	16	Bill Summary
17	17	(Note: This summary applies to this bill as introduced and does
18	18	not reflect any amendments that may be subsequently adopted. If this bill
19	19	passes third reading in the house of introduction, a bill summary that
20	20	applies to the reengrossed version of this bill will be available at
21	21	http://leg.colorado.gov
22	22	.)
23	23	Under current law, a qualified student who is selected to
24	24	participate in the accelerating students through concurrent enrollment
25	25	(ASCENT) program by the department of education (department) may
26	26	enroll in postsecondary courses and be included in the pupil enrollment
27	27	of a school district, board of cooperative services, or charter school (local
28	28	HOUSE SPONSORSHIP
29	29	Weissman and Bacon,
30	30	SENATE SPONSORSHIP
31	31	Buckner,
32	32	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
33	33	Capital letters or bold & italic numbers indicate new material to be added to existing statute.
34	34	Dashes through the words indicate deletions from existing statute. education provider) for funding during the year following the student's
35	35	fourth year of high school. The number of students who are selected to
36	36	participate in the ASCENT program is limited each year through the
37	37	budget process.
38	38	The bill removes the limit on the number of program participants
39	39	and allows each qualified student selected by the enrolling local education
40	40	provider to participate in the program. The bill reduces the number of
41	41	postsecondary credits a qualified student must have completed to be
42	42	eligible to participate in the ASCENT program. The bill directs the
43	43	department to distribute to each local education provider for each
44	44	ASCENT program participant an amount equal to 3% of the per-pupil
45	45	extended high school funding amount to pay for non-tuition expenses the
46	46	qualified student incurs in participating in the postsecondary courses.
47	47	Under existing law, a qualified student who fails to complete a
48	48	concurrent enrollment course must repay the local education provider for
49	49	the amount of tuition, and a local education provider may require a
50	50	qualified student to repay the tuition amount if the qualified student earns
51	51	a failing grade for a concurrent enrollment course. The bill repeals these
52	52	provisions.
53	53	Be it enacted by the General Assembly of the State of Colorado:1
54	54	SECTION 1. In Colorado Revised Statutes, amend 22-35-108 as2
55	55	follows:3
56	56	22-35-108. Accelerating students through concurrent4
57	57	enrollment program - objectives - non-tuition expenses - rules.5
58	58	(1) (a) There is hereby
59	59	established the accelerating students through6
60	60	concurrent enrollment program, Beginning in the 2010-11 school year,7
61	61	the department shall administer the ASCENT program pursuant to the8
62	62	provisions of this section and guidelines established by the board pursuant9
63	63	to subsection (4) of this section. WHICH IS AVAILABLE TO ALL QUALIFIED10
64	64	STUDENTS WHO ARE DESIGNATED BY THEIR ENROLLING LOCAL EDUCATION11
65	65	PROVIDERS PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION. The12
66	66	objectives of the ASCENT program are to:13
67	67	(I) Increase the percentage of students who participate in14
68	68	HB22-1002-2- postsecondary education, especially among low-income and traditionally1
69	69	underserved populations;2
70	70	(II) Decrease the number of students who do not complete high3
71	71	school;4
72	72	(III) Decrease the amount of time that is required for a student to5
73	73	complete a postsecondary degree or certificate;6
74	74	(IV) Reduce state expenditures for public education; and7
75	75	(V) Increase the number of educational pathways available to8
76	76	students.9
77	77	(b) Notwithstanding any other provision of this article ARTICLE 3510
78	78	TO THE CONTRARY , a qualified student who is designated by the11
79	79	department A LOCAL EDUCATION PROVIDER to be an ASCENT program12
80	80	participant pursuant to subsection (2) of this section may concurrently13
81	81	enroll in postsecondary courses, including academic courses and career14
82	82	and technical education courses, in the year directly following the year in15
83	83	which he or she THE QUALIFIED STUDENT was enrolled in the twelfth16
84	84	grade of a THE local education provider.17
85	85	(2) (a) Subject to available appropriations, the department may18
86	86	designate as an ASCENT program participant any qualified student who19
87	87	A
88	88	LOCAL EDUCATION PROVIDER MAY DESIGNATE A QUALIFIED STUDENT AS20
89	89	AN ASCENT PROGRAM PARTICIPANT IF THE QUALIFIED STUDENT :21
90	90	(I) Has completed or is on schedule to complete at least twelve
91	91	SIX22
92	92	credit hours of postsecondary course work prior to the completion of his23
93	93	or her THE QUALIFIED STUDENT'S twelfth-grade year;24
94	94	(II) Is not in need of a developmental education course;25
95	95	(III) Has been selected for participation in the ASCENT program26
96	96	by his or her high school principal or equivalent school administrator;27
97	97	HB22-1002
98	98	-3- (IV) (III) Has been accepted into a postsecondary degree program1
99	99	at an institution of higher education;
100	100	AND2
101	101	(V) Has satisfied any other selection criteria established by
102	102	3
103	103	guidelines established by the board pursuant to subsection (4) of this4
104	104	section; and5
105	105	(VI) (IV) Has not been designated AS an ASCENT program6
106	106	participant in any A prior year.7
107	107	(b) Repealed.8
108	108	(c) (I) Repealed.9
109	109	(II) (b) EACH LOCAL EDUCATION PROVIDER THAT DESIGNATES10
110	110	QUALIFIED STUDENTS TO PARTICIPATE IN THE ASCENT PROGRAM SHALL,11
111	111	AS PROVIDED BY STATE BOARD RULE , REPORT TO THE DEPARTMENT THE12
112	112	ESTIMATED NUMBER OF ASCENT PROGRAM PARTICIPANTS THAT THE13
113	113	LOCAL EDUCATION PROVIDER WILL ENROLL FOR THE FOLLOWING SCHOOL14
114	114	YEAR. The department, as part of its annual budget request to the general15
115	115	assembly, shall report the
116	116	ESTIMATED total number of potential
117	117	ASCENT16
118	118	program participants for the following school year.17
119	119	(III) Repealed.18
120	120	(IV) The department shall not designate a greater number of19
121	121	ASCENT program participants for a school year than the number of20
122	122	participants that the general assembly approves for funding in the annual21
123	123	general appropriation act for the applicable budget year.22
124	124	(3) (a) The local education provider of a qualified student who is23
125	125	designated by the department as an ASCENT program participant may24
126	126	include the student A LOCAL EDUCATION PROVIDER MAY INCLUDE EACH25
127	127	QUALIFIED STUDENT WHOM THE LOCAL EDUCATION PROVIDER DESIGNATES26
128	128	TO PARTICIPATE IN THE ASCENT PROGRAM PURSUANT TO THIS SECTION27
129	129	HB22-1002
130	130	-4- in the district's funded pupil count, or, in the case of a QUALIFIED student1
131	131	enrolled in an institute charter school, in the
132	132	FUNDED PUPIL COUNT OF THE2
133	133	school's accounting district, as provided in section 22-54-103 (7).3
134	134	(b) A local education provider that receives extended high school
135	135	4
136	136	funding, as described in section 22-54-104 (4.7), in a budget year for5
137	137	ASCENT program participants may expend the funding on behalf of6
138	138	ASCENT program participants who enroll in an institution of higher7
139	139	education during that budget year and on behalf of ASCENT program8
140	140	participants who, by May 1 of that budget year, are admitted to an9
141	141	institution of higher education to participate in the ASCENT program10
142	142	during the next budget year.11
143	143	(c) The local education provider shall certify to the department by12
144	144	May 10 of each year the list of ASCENT program participants who are13
145	145	admitted to an institution of higher education to participate in the14
146	146	ASCENT program during the next budget year. At the end of the budget15
147	147	year in which the local education provider receives the extended high16
148	148	school funding for ASCENT program participants, the local education17
149	149	provider shall remit to the department any remaining amount of the18
150	150	funding that the local education provider is not using for an ASCENT19
151	151	program participant who is included on the certified list.20
152	152	(4) The board shall establish guidelines
153	153	AS NECESSARY for the21
154	154	administration of the ASCENT program. including but not limited to
155	155	22
156	156	selection criteria that the department may use pursuant to subparagraph23
157	157	(V) of paragraph (a) of subsection (2) of this section to designate24
158	158	qualified students as ASCENT program participants.25
159	159	(5) For the purposes of part 5 of article 11 of this title 2226
160	160	concerning school accountability reports, the department shall include27
161	161	HB22-1002
162	162	-5- ASCENT program participants in the reporting requirements, regardless1
163	163	of whether an ASCENT program participant has completed his or her THE2
164	164	PARTICIPANT'S graduation requirements.3
165	165	(6) (a) Repealed.4
166	166	(b) (6) For purposes of applying the provisions of article 11 of this5
167	167	title 22 concerning school accountability and reporting graduation rates,6
168	168	a qualified student who is an ASCENT program participant shall MUST7
169	169	be counted in the enrolling school district's or institute charter school's8
170	170	graduation rate in the school year in which the student completes the9
171	171	school district's or institute charter school's minimum high school10
172	172	graduation requirements. The state board of education shall promulgate11
173	173	rules for schools and school districts to follow in satisfying state and12
174	174	federal reporting requirements concerning the enrollment status of13
175	175	ASCENT program participants. To the extent practicable, the rules must14
176	176	ensure that schools and school districts are not adversely affected in15
177	177	calculating and reporting the completion of high school graduation16
178	178	requirements by qualified students who have been designated by the17
179	179	department LOCAL EDUCATION PROVIDERS as ASCENT program18
180	180	participants. The rules must include, at a minimum, reporting19
181	181	requirements relating to:20
182	182	(I) (a) The provisions of article 7 of this title 22 concerning21
183	183	educational accountability; and22
184	184	(II) (b) The provisions of article 11 of this title 22 concerning23
185	185	educational accreditation.24
186	186	(7) (a) F
187	187	OR THE 2022-23 BUDGET YEAR AND FOR EACH BUDGET25
188	188	YEAR THEREAFTER, THE GENERAL ASSEMBLY SHALL APPROPRIATE MONEY26
189	189	TO THE DEPARTMENT THAT THE DEPARTMENT SHALL DISTRIBUTE TO EACH27
190	190	HB22-1002
191	191	-6- LOCAL EDUCATION PROVIDER THAT DESIGNATES QUALIFIED STUDENTS FOR1
192	192	THE ASCENT PROGRAM FOR THE APPLICABLE BUDGET YEAR . THE2
193	193	DEPARTMENT SHALL DISTRIBUTE TO EACH LOCAL EDUCATION PROVIDER3
194	194	AN AMOUNT EQUAL TO THREE PERCENT OF THE PER -PUPIL EXTENDED HIGH4
195	195	SCHOOL FUNDING AMOUNT , ESTABLISHED FOR THE APPLICABLE BUDGET5
196	196	YEAR PURSUANT TO SECTION 22-54-104 (4.7), FOR EACH ASCENT6
197	197	PROGRAM PARTICIPANT DESIGNATED BY THE LOCAL EDUCATION PROVIDER7
198	198	FOR THE APPLICABLE BUDGET YEAR . IN A BUDGET YEAR IN WHICH THE8
199	199	GENERAL ASSEMBLY DOES NOT APPROPRIATE A SUFFICIENT AMOUNT TO9
200	200	FULLY FUND THE DISTRIBUTIONS DESCRIBED IN THIS SUBSECTION (7)(a),10
201	201	THE DEPARTMENT SHALL REDUCE THE AMOUNT OF EACH LOCAL11
202	202	EDUCATION PROVIDER'S DISTRIBUTION BY THE SAME PERCENTAGE THAT12
203	203	THE DEFICIT BEARS TO THE AMOUNT REQUIRED TO FULLY FUND THE13
204	204	DISTRIBUTIONS AUTHORIZED BY THIS SUBSECTION (7)(a).14
205	205	(b) I
206	206	N DISTRIBUTING MONEY PURSUANT TO SUBSECTION (7)(a) OF15
207	207	THIS SECTION TO A LOCAL EDUCATION PROVIDER THAT IS A CHARTER16
208	208	SCHOOL, THE DEPARTMENT SHALL DISTRIBUTE THE AMOUNT FOR ASCENT17
209	209	PROGRAM PARTICIPANTS WHO ARE ENROLLED BY THE CHARTER SCHOOL TO18
210	210	THE CHARTER SCHOOL 'S AUTHORIZER. THE AUTHORIZER SHALL19
211	211	DISTRIBUTE TO THE CHARTER SCHOOL ONE HUNDRED PERCENT OF THE20
212	212	MONEY RECEIVED FOR THE CHARTER SCHOOL 'S ASCENT PROGRAM21
213	213	PARTICIPANTS.22
214	214	(c) A
215	215	LOCAL EDUCATION PROVIDER THAT RECEIVES A23
216	216	DISTRIBUTION OF MONEY PURSUANT TO THIS SUBSECTION (7) SHALL MAKE24
217	217	THE ENTIRE AMOUNT OF THE PER-PUPIL DISTRIBUTION AVAILABLE TO EACH25
218	218	ASCENT
219	219	PROGRAM PARTICIPANT TO USE FOR NON -TUITION EXPENSES26
220	220	DIRECTLY INCURRED IN PARTICIPATING IN THE ASCENT PROGRAM,27
221	221	HB22-1002
222	222	-7- INCLUDING BOOKS, FEES, AND TRANSPORTATION . EACH ASCENT1
223	223	PROGRAM PARTICIPANT SHALL SUBMIT RECEIPTS TO THE LOCAL2
224	224	EDUCATION PROVIDER FOR THE QUALIFYING NON -TUITION EXPENSES THAT3
225	225	THE PARTICIPANT INCURS, AND THE LOCAL EDUCATION PROVIDER SHALL4
226	226	REIMBURSE THE PARTICIPANT UP TO THE AMOUNT OF THE PER -PUPIL5
227	227	DISTRIBUTION.6
228	228	SECTION 2. In Colorado Revised Statutes, 22-35-105, repeal (4)7
229	229	as follows:8
230	230	22-35-105. Financial provisions - payment of tuition.9
231	231	(4) (a) Before paying the tuition for a course in which a qualified student10
232	232	concurrently enrolls, the local education provider in which the qualified11
233	233	student is enrolled shall require the qualified student and his or her parent12
234	234	or legal guardian to sign a document requiring repayment of the amount13
235	235	of tuition paid by the local education provider for the course on the14
236	236	qualified student's behalf if the qualified student does not complete the15
237	237	course for any reason without the consent of the principal of the student's16
238	238	high school.17
239	239	(b) If a qualified student concurrently enrolled in a course for18
240	240	whom a local education provider pays tuition does not complete the19
241	241	course for any reason without the consent of the principal of the high20
242	242	school in which the qualified student is enrolled, the qualified student or21
243	243	the qualified student's parent or legal guardian shall reimburse the local22
244	244	education provider, as provided in the document signed pursuant to23
245	245	paragraph (a) of this subsection (4), for the amount of tuition paid by the24
246	246	local education provider for the course.25
247	247	(c) A local education provider may adopt a policy that requires a26
248	248	qualified student and his or her parent or legal guardian to sign a27
249	249	HB22-1002
250	250	-8- document prior to the student's concurrent enrollment in a course, which1
251	251	document commits the student or his or her parent or legal guardian to2
252	252	reimburse the local education provider for the tuition paid by the local3
253	253	education provider for the course in the event that the student receives a4
254	254	failing grade in the course.5
255	255	SECTION 3. In Colorado Revised Statutes, 22-35-103, amend6
256	256	(6)(a) as follows:7
257	257	22-35-103. Definitions. As used in this article 35, unless the8
258	258	context otherwise requires:9
259	259	(6) (a) "Concurrent enrollment" means the simultaneous10
260	260	enrollment of a qualified student in a local education provider and in one11
261	261	or more postsecondary courses, including academic or career and12
262	262	technical education courses, which may include course work related to13
263	263	apprenticeship programs or internship programs, at an institution of14
264	264	higher education pursuant to the provisions of this article 35, at no tuition15
265	265	cost to the qualified student or the qualified student's parent or legal16
266	266	guardian. except as provided in section 22-35-105 (4)(c). As provided in17
267	267	section 22-35-104 (5) and (6)(b)(II), upon successfully completing a18
268	268	concurrent enrollment postsecondary course, the qualified student must19
269	269	receive credit that applies to completion of high school graduation20
270	270	requirements and postsecondary credit that applies toward completion of21
271	271	developmental education courses, applies toward earning a certificate or22
272	272	degree awarded through an approved postsecondary career and technical23
273	273	education program, is approved by the department of higher education for24
274	274	transfer from a two-year institution to a four-year institution in25
275	275	satisfaction of prerequisite courses for a specific major, is approved for26
276	276	statewide transfer pursuant to section 23-1-125, or is part of a statewide27
277	277	HB22-1002
278	278	-9- degree transfer agreement pursuant to section 23-1-108 (7)(a).1
279	279	SECTION 4. In Colorado Revised Statutes, 22-35-107, amend2
280	280	(6) introductory portion, (6)(c), and (6)(d) as follows:3
281	281	22-35-107. Concurrent enrollment advisory board - created -4
282	282	membership - duties - reports - repeal. (6) The board shall have HAS5
283	283	the following duties:6
284	284	(c) Making recommendations as necessary to the general7
285	285	assembly, the state board, and the commission concerning the8
286	286	improvement or updating of state policies relating to concurrent9
287	287	enrollment programs, including but not limited to recommendations of10
288	288	policies that will allow every local education provider in the state to have11
289	289	adequate resources to enter into at least one cooperative agreement; and12
290	290	recommendations of a funding allocation model, to be approved by the13
291	291	state board on or before July 1, 2013, in the event that the number of14
292	292	qualified students identified by local education providers exceeds15
293	293	available appropriations pursuant to section 22-35-108 (2);16
294	294	(d) On or before December 1, 2010 DECEMBER 1, 2022,17
295	295	considering and making recommendations to the state board and the18
296	296	education committees of the house of representatives and senate, or any19
297	297	successor committees, regarding the feasibility of a waiver process20
298	298	whereby a
299	299	LOCAL EDUCATION PROVIDER , ON BEHALF OF A qualified21
300	300	student, could apply to the department for a waiver of certain provisions22
301	301	of section 22-35-108, which waiver would allow the
302	302	LOCAL EDUCATION23
303	303	PROVIDER TO DESIGNATE THE student to be designated by the department
304	304	24
305	305	as an ASCENT program participant in the second year following the year25
306	306	in which he or she THE QUALIFIED STUDENT was enrolled in the twelfth26
307	307	grade of a THE local education provider so long as he or she THE27
308	308	HB22-1002
309	309	-10- QUALIFYING STUDENT:1
310	310	(I) Was so designated in the year directly following the year in2
311	311	which he or she THE QUALIFIED STUDENT was enrolled in the twelfth3
312	312	grade of a THE local education provider;4
313	313	(II) Requires fifteen or fewer credit hours of postsecondary course5
314	314	work to achieve a postsecondary credential; and6
315	315	(III) Is eligible for free or reduced-cost REDUCED-PRICE lunch7
316	316	pursuant to the federal "Richard B. Russell National School Lunch Act",8
317	317	42 U.S.C. sec. 1751 et seq.;9
318	318	SECTION 5. In Colorado Revised Statutes, 22-35-112, amend10
319	319	(2)(g) as follows:11
320	320	22-35-112. Reports. (2) On or before February 1, 2011, and on12
321	321	or before February 1 each year thereafter through 2016, and on or before13
322	322	April 1, 2017, and on or before April 1 each year thereafter, the14
323	323	department and the department of higher education shall collaborate to15
324	324	prepare and submit to the education committees of the senate and house16
325	325	of representatives, or any successor committees, a report concerning the17
326	326	concurrent enrollment of qualified students in postsecondary courses,18
327	327	including academic courses and career and technical education courses,19
328	328	and courses related to apprenticeship programs and internship programs.20
329	329	The report must include, but need not be limited to:21
330	330	(g) F
331	331	OR THE PREVIOUS SCHOOL YEAR, the total number of qualified22
332	332	students designated by the department as ASCENT or TREP program
333	333	23
334	334	participants in the previous school year THAT LOCAL EDUCATION24
335	335	PROVIDERS DESIGNATED AS ASCENT PROGRAM PARTICIPANTS AND THE25
336	336	TOTAL NUMBER OF QUALIFIED STUDENTS THE DEPARTMENT DESIGNATED26
337	337	AS PARTICIPANTS IN THE TEACHER RECRUITMENT EDUCATION AND27
338	338	HB22-1002
339	339	-11- PREPARATION PROGRAM ;1
340	340	SECTION 6. In Colorado Revised Statutes, 22-35-113, amend2
341	341	(1)(f) as follows:3
342	342	22-35-113. Concurrent enrollment - website. (1) By July 1,4
343	343	2020, the department of education and the department of higher5
344	344	education, with advice from the state board, shall make available to the6
345	345	public a concurrent enrollment website to provide information to students,7
346	346	parents, and legal guardians concerning concurrent enrollment options8
347	347	and requirements. The departments must ensure that the website is clear,9
348	348	easy to navigate, and generally user-friendly. In addition, the website10
349	349	must at a minimum:11
350	350	(f) Provide information concerning the payment of the costs of12
351	351	concurrent enrollment, including tuition, which is not chargeable to the13
352	352	student or the student's parent or legal guardian except as provided in14
353	353	section 22-35-105 (4)(c), fees and books, which may be chargeable to the15
354	354	student or the student's parent or legal guardian, and transportation;16
355	355	SECTION 7. In Colorado Revised Statutes, 22-54-114, amend17
356	356	(4)(a) as follows:18
357	357	22-54-114. State public school fund. (4) (a) For the 1997-9819
358	358	fiscal year and fiscal years thereafter, the net amount recovered by the20
359	359	department of education during the applicable fiscal year, pursuant to21
360	360	school district and institute charter school audits, as overpayments made22
361	361	to school districts and institute charter schools and any amount remitted23
362	362	by a school district or institute charter school pursuant to section24
363	363	22-35-108 (3)(c), that would otherwise be transmitted to the state25
364	364	treasurer for deposit in the general fund shall instead be transmitted to the26
365	365	state treasurer for deposit in the state public school fund. The amount27
366	366	HB22-1002
367	367	-12- shall be available for appropriation to the department of education in1
368	368	subsequent fiscal years.2
369	369	SECTION 8. In Colorado Revised Statutes, 23-18-202, amend3
370	370	(5)(c)(III) as follows:4
371	371	23-18-202. College opportunity fund - appropriations -5
372	372	payment of stipends - reimbursement - report. (5) (c) (III) For an6
373	373	eligible undergraduate student who has completed one or more college7
374	374	courses while enrolled in high school pursuant to the "Concurrent8
375	375	Enrollment Programs Act", article 35 of title 22, or while designated by9
376	376	the department of education as an ASCENT program participant pursuant10
377	377	to section 22-35-108 or as a TREP program participant pursuant to11
378	378	section 22-35-108.5, or while enrolled in a pathways in technology early12
379	379	college high school pursuant to article 35.3 of title 22, all college-level13
380	380	credit hours earned by the student while so enrolled count against the14
381	381	lifetime limitation described in subsection (5)(c)(I) of this section; except15
382	382	that credit hours earned from enrollment in a developmental education16
383	383	course, as defined in section 23-1-113 (11)(b), do not count against the17
384	384	lifetime limitation.18
385	385	SECTION 9. Safety clause. The general assembly hereby finds,19
386	386	determines, and declares that this act is necessary for the immediate20
387	387	preservation of the public peace, health, or safety.21
388	388	HB22-1002
389	389	-13-