Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 22-0436.01 Julie Pelegrin x2700
HOUSE BILL 22-1002
House Committees Senate Committees
Education
A BILL FOR AN ACT
C
ONCERNING EXPANDING STUDENT ACCESS TO ENROLLMENT IN101
POSTSECONDARY COURSES WHILE THE STUDENT IS ENROLLED IN102
HIGH SCHOOL.103
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
Under current law, a qualified student who is selected to
participate in the accelerating students through concurrent enrollment
(ASCENT) program by the department of education (department) may
enroll in postsecondary courses and be included in the pupil enrollment
of a school district, board of cooperative services, or charter school (local
HOUSE SPONSORSHIP
Weissman and Bacon,
SENATE SPONSORSHIP
Buckner,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute. education provider) for funding during the year following the student's
fourth year of high school. The number of students who are selected to
participate in the ASCENT program is limited each year through the
budget process.
The bill removes the limit on the number of program participants
and allows each qualified student selected by the enrolling local education
provider to participate in the program. The bill reduces the number of
postsecondary credits a qualified student must have completed to be
eligible to participate in the ASCENT program. The bill directs the
department to distribute to each local education provider for each
ASCENT program participant an amount equal to 3% of the per-pupil
extended high school funding amount to pay for non-tuition expenses the
qualified student incurs in participating in the postsecondary courses.
Under existing law, a qualified student who fails to complete a
concurrent enrollment course must repay the local education provider for
the amount of tuition, and a local education provider may require a
qualified student to repay the tuition amount if the qualified student earns
a failing grade for a concurrent enrollment course. The bill repeals these
provisions.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, amend 22-35-108 as2
follows:3
22-35-108. Accelerating students through concurrent4
enrollment program - objectives - non-tuition expenses - rules.5
(1) (a) There is hereby
established the accelerating students through6
concurrent enrollment program, Beginning in the 2010-11 school year,7
the department shall administer the ASCENT program pursuant to the8
provisions of this section and guidelines established by the board pursuant9
to subsection (4) of this section. WHICH IS AVAILABLE TO ALL QUALIFIED10
STUDENTS WHO ARE DESIGNATED BY THEIR ENROLLING LOCAL EDUCATION11
PROVIDERS PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION. The12
objectives of the ASCENT program are to:13
(I) Increase the percentage of students who participate in14
HB22-1002-2- postsecondary education, especially among low-income and traditionally1
underserved populations;2
(II) Decrease the number of students who do not complete high3
school;4
(III) Decrease the amount of time that is required for a student to5
complete a postsecondary degree or certificate;6
(IV) Reduce state expenditures for public education; and7
(V) Increase the number of educational pathways available to8
students.9
(b) Notwithstanding any other provision of this article ARTICLE 3510
TO THE CONTRARY , a qualified student who is designated by the11
department A LOCAL EDUCATION PROVIDER to be an ASCENT program12
participant pursuant to subsection (2) of this section may concurrently13
enroll in postsecondary courses, including academic courses and career14
and technical education courses, in the year directly following the year in15
which he or she THE QUALIFIED STUDENT was enrolled in the twelfth16
grade of a THE local education provider.17
(2) (a) Subject to available appropriations, the department may18
designate as an ASCENT program participant any qualified student who19
A
LOCAL EDUCATION PROVIDER MAY DESIGNATE A QUALIFIED STUDENT AS20
AN ASCENT PROGRAM PARTICIPANT IF THE QUALIFIED STUDENT :21
(I) Has completed or is on schedule to complete at least twelve
SIX22
credit hours of postsecondary course work prior to the completion of his23
or her THE QUALIFIED STUDENT'S twelfth-grade year;24
(II) Is not in need of a developmental education course;25
(III) Has been selected for participation in the ASCENT program26
by his or her high school principal or equivalent school administrator;27
HB22-1002
-3- (IV) (III) Has been accepted into a postsecondary degree program1
at an institution of higher education;
AND2
(V) Has satisfied any other selection criteria established by
3
guidelines established by the board pursuant to subsection (4) of this4
section; and5
(VI) (IV) Has not been designated AS an ASCENT program6
participant in any A prior year.7
(b) Repealed.8
(c) (I) Repealed.9
(II) (b) EACH LOCAL EDUCATION PROVIDER THAT DESIGNATES10
QUALIFIED STUDENTS TO PARTICIPATE IN THE ASCENT PROGRAM SHALL,11
AS PROVIDED BY STATE BOARD RULE , REPORT TO THE DEPARTMENT THE12
ESTIMATED NUMBER OF ASCENT PROGRAM PARTICIPANTS THAT THE13
LOCAL EDUCATION PROVIDER WILL ENROLL FOR THE FOLLOWING SCHOOL14
YEAR. The department, as part of its annual budget request to the general15
assembly, shall report the
ESTIMATED total number of potential
ASCENT16
program participants for the following school year.17
(III) Repealed.18
(IV) The department shall not designate a greater number of19
ASCENT program participants for a school year than the number of20
participants that the general assembly approves for funding in the annual21
general appropriation act for the applicable budget year.22
(3) (a) The local education provider of a qualified student who is23
designated by the department as an ASCENT program participant may24
include the student A LOCAL EDUCATION PROVIDER MAY INCLUDE EACH25
QUALIFIED STUDENT WHOM THE LOCAL EDUCATION PROVIDER DESIGNATES26
TO PARTICIPATE IN THE ASCENT PROGRAM PURSUANT TO THIS SECTION27
HB22-1002
-4- in the district's funded pupil count, or, in the case of a QUALIFIED student1
enrolled in an institute charter school, in the
FUNDED PUPIL COUNT OF THE2
school's accounting district, as provided in section 22-54-103 (7).3
(b) A local education provider that receives extended high school
4
funding, as described in section 22-54-104 (4.7), in a budget year for5
ASCENT program participants may expend the funding on behalf of6
ASCENT program participants who enroll in an institution of higher7
education during that budget year and on behalf of ASCENT program8
participants who, by May 1 of that budget year, are admitted to an9
institution of higher education to participate in the ASCENT program10
during the next budget year.11
(c) The local education provider shall certify to the department by12
May 10 of each year the list of ASCENT program participants who are13
admitted to an institution of higher education to participate in the14
ASCENT program during the next budget year. At the end of the budget15
year in which the local education provider receives the extended high16
school funding for ASCENT program participants, the local education17
provider shall remit to the department any remaining amount of the18
funding that the local education provider is not using for an ASCENT19
program participant who is included on the certified list.20
(4) The board shall establish guidelines
AS NECESSARY for the21
administration of the ASCENT program. including but not limited to
22
selection criteria that the department may use pursuant to subparagraph23
(V) of paragraph (a) of subsection (2) of this section to designate24
qualified students as ASCENT program participants.25
(5) For the purposes of part 5 of article 11 of this title 2226
concerning school accountability reports, the department shall include27
HB22-1002
-5- ASCENT program participants in the reporting requirements, regardless1
of whether an ASCENT program participant has completed his or her THE2
PARTICIPANT'S graduation requirements.3
(6) (a) Repealed.4
(b) (6) For purposes of applying the provisions of article 11 of this5
title 22 concerning school accountability and reporting graduation rates,6
a qualified student who is an ASCENT program participant shall MUST7
be counted in the enrolling school district's or institute charter school's8
graduation rate in the school year in which the student completes the9
school district's or institute charter school's minimum high school10
graduation requirements. The state board of education shall promulgate11
rules for schools and school districts to follow in satisfying state and12
federal reporting requirements concerning the enrollment status of13
ASCENT program participants. To the extent practicable, the rules must14
ensure that schools and school districts are not adversely affected in15
calculating and reporting the completion of high school graduation16
requirements by qualified students who have been designated by the17
department LOCAL EDUCATION PROVIDERS as ASCENT program18
participants. The rules must include, at a minimum, reporting19
requirements relating to:20
(I) (a) The provisions of article 7 of this title 22 concerning21
educational accountability; and22
(II) (b) The provisions of article 11 of this title 22 concerning23
educational accreditation.24
(7) (a) F
OR THE 2022-23 BUDGET YEAR AND FOR EACH BUDGET25
YEAR THEREAFTER, THE GENERAL ASSEMBLY SHALL APPROPRIATE MONEY26
TO THE DEPARTMENT THAT THE DEPARTMENT SHALL DISTRIBUTE TO EACH27
HB22-1002
-6- LOCAL EDUCATION PROVIDER THAT DESIGNATES QUALIFIED STUDENTS FOR1
THE ASCENT PROGRAM FOR THE APPLICABLE BUDGET YEAR . THE2
DEPARTMENT SHALL DISTRIBUTE TO EACH LOCAL EDUCATION PROVIDER3
AN AMOUNT EQUAL TO THREE PERCENT OF THE PER -PUPIL EXTENDED HIGH4
SCHOOL FUNDING AMOUNT , ESTABLISHED FOR THE APPLICABLE BUDGET5
YEAR PURSUANT TO SECTION 22-54-104 (4.7), FOR EACH ASCENT6
PROGRAM PARTICIPANT DESIGNATED BY THE LOCAL EDUCATION PROVIDER7
FOR THE APPLICABLE BUDGET YEAR . IN A BUDGET YEAR IN WHICH THE8
GENERAL ASSEMBLY DOES NOT APPROPRIATE A SUFFICIENT AMOUNT TO9
FULLY FUND THE DISTRIBUTIONS DESCRIBED IN THIS SUBSECTION (7)(a),10
THE DEPARTMENT SHALL REDUCE THE AMOUNT OF EACH LOCAL11
EDUCATION PROVIDER'S DISTRIBUTION BY THE SAME PERCENTAGE THAT12
THE DEFICIT BEARS TO THE AMOUNT REQUIRED TO FULLY FUND THE13
DISTRIBUTIONS AUTHORIZED BY THIS SUBSECTION (7)(a).14
(b) I
N DISTRIBUTING MONEY PURSUANT TO SUBSECTION (7)(a) OF15
THIS SECTION TO A LOCAL EDUCATION PROVIDER THAT IS A CHARTER16
SCHOOL, THE DEPARTMENT SHALL DISTRIBUTE THE AMOUNT FOR ASCENT17
PROGRAM PARTICIPANTS WHO ARE ENROLLED BY THE CHARTER SCHOOL TO18
THE CHARTER SCHOOL 'S AUTHORIZER. THE AUTHORIZER SHALL19
DISTRIBUTE TO THE CHARTER SCHOOL ONE HUNDRED PERCENT OF THE20
MONEY RECEIVED FOR THE CHARTER SCHOOL 'S ASCENT PROGRAM21
PARTICIPANTS.22
(c) A
LOCAL EDUCATION PROVIDER THAT RECEIVES A23
DISTRIBUTION OF MONEY PURSUANT TO THIS SUBSECTION (7) SHALL MAKE24
THE ENTIRE AMOUNT OF THE PER-PUPIL DISTRIBUTION AVAILABLE TO EACH25
ASCENT
PROGRAM PARTICIPANT TO USE FOR NON -TUITION EXPENSES26
DIRECTLY INCURRED IN PARTICIPATING IN THE ASCENT PROGRAM,27
HB22-1002
-7- INCLUDING BOOKS, FEES, AND TRANSPORTATION . EACH ASCENT1
PROGRAM PARTICIPANT SHALL SUBMIT RECEIPTS TO THE LOCAL2
EDUCATION PROVIDER FOR THE QUALIFYING NON -TUITION EXPENSES THAT3
THE PARTICIPANT INCURS, AND THE LOCAL EDUCATION PROVIDER SHALL4
REIMBURSE THE PARTICIPANT UP TO THE AMOUNT OF THE PER -PUPIL5
DISTRIBUTION.6
SECTION 2. In Colorado Revised Statutes, 22-35-105, repeal (4)7
as follows:8
22-35-105. Financial provisions - payment of tuition.9
(4) (a) Before paying the tuition for a course in which a qualified student10
concurrently enrolls, the local education provider in which the qualified11
student is enrolled shall require the qualified student and his or her parent12
or legal guardian to sign a document requiring repayment of the amount13
of tuition paid by the local education provider for the course on the14
qualified student's behalf if the qualified student does not complete the15
course for any reason without the consent of the principal of the student's16
high school.17
(b) If a qualified student concurrently enrolled in a course for18
whom a local education provider pays tuition does not complete the19
course for any reason without the consent of the principal of the high20
school in which the qualified student is enrolled, the qualified student or21
the qualified student's parent or legal guardian shall reimburse the local22
education provider, as provided in the document signed pursuant to23
paragraph (a) of this subsection (4), for the amount of tuition paid by the24
local education provider for the course.25
(c) A local education provider may adopt a policy that requires a26
qualified student and his or her parent or legal guardian to sign a27
HB22-1002
-8- document prior to the student's concurrent enrollment in a course, which1
document commits the student or his or her parent or legal guardian to2
reimburse the local education provider for the tuition paid by the local3
education provider for the course in the event that the student receives a4
failing grade in the course.5
SECTION 3. In Colorado Revised Statutes, 22-35-103, amend6
(6)(a) as follows:7
22-35-103. Definitions. As used in this article 35, unless the8
context otherwise requires:9
(6) (a) "Concurrent enrollment" means the simultaneous10
enrollment of a qualified student in a local education provider and in one11
or more postsecondary courses, including academic or career and12
technical education courses, which may include course work related to13
apprenticeship programs or internship programs, at an institution of14
higher education pursuant to the provisions of this article 35, at no tuition15
cost to the qualified student or the qualified student's parent or legal16
guardian. except as provided in section 22-35-105 (4)(c). As provided in17
section 22-35-104 (5) and (6)(b)(II), upon successfully completing a18
concurrent enrollment postsecondary course, the qualified student must19
receive credit that applies to completion of high school graduation20
requirements and postsecondary credit that applies toward completion of21
developmental education courses, applies toward earning a certificate or22
degree awarded through an approved postsecondary career and technical23
education program, is approved by the department of higher education for24
transfer from a two-year institution to a four-year institution in25
satisfaction of prerequisite courses for a specific major, is approved for26
statewide transfer pursuant to section 23-1-125, or is part of a statewide27
HB22-1002
-9- degree transfer agreement pursuant to section 23-1-108 (7)(a).1
SECTION 4. In Colorado Revised Statutes, 22-35-107, amend2
(6) introductory portion, (6)(c), and (6)(d) as follows:3
22-35-107. Concurrent enrollment advisory board - created -4
membership - duties - reports - repeal. (6) The board shall have HAS5
the following duties:6
(c) Making recommendations as necessary to the general7
assembly, the state board, and the commission concerning the8
improvement or updating of state policies relating to concurrent9
enrollment programs, including but not limited to recommendations of10
policies that will allow every local education provider in the state to have11
adequate resources to enter into at least one cooperative agreement; and12
recommendations of a funding allocation model, to be approved by the13
state board on or before July 1, 2013, in the event that the number of14
qualified students identified by local education providers exceeds15
available appropriations pursuant to section 22-35-108 (2);16
(d) On or before December 1, 2010 DECEMBER 1, 2022,17
considering and making recommendations to the state board and the18
education committees of the house of representatives and senate, or any19
successor committees, regarding the feasibility of a waiver process20
whereby a
LOCAL EDUCATION PROVIDER , ON BEHALF OF A qualified21
student, could apply to the department for a waiver of certain provisions22
of section 22-35-108, which waiver would allow the
LOCAL EDUCATION23
PROVIDER TO DESIGNATE THE student to be designated by the department
24
as an ASCENT program participant in the second year following the year25
in which he or she THE QUALIFIED STUDENT was enrolled in the twelfth26
grade of a THE local education provider so long as he or she THE27
HB22-1002
-10- QUALIFYING STUDENT:1
(I) Was so designated in the year directly following the year in2
which he or she THE QUALIFIED STUDENT was enrolled in the twelfth3
grade of a THE local education provider;4
(II) Requires fifteen or fewer credit hours of postsecondary course5
work to achieve a postsecondary credential; and6
(III) Is eligible for free or reduced-cost REDUCED-PRICE lunch7
pursuant to the federal "Richard B. Russell National School Lunch Act",8
42 U.S.C. sec. 1751 et seq.;9
SECTION 5. In Colorado Revised Statutes, 22-35-112, amend10
(2)(g) as follows:11
22-35-112. Reports. (2) On or before February 1, 2011, and on12
or before February 1 each year thereafter through 2016, and on or before13
April 1, 2017, and on or before April 1 each year thereafter, the14
department and the department of higher education shall collaborate to15
prepare and submit to the education committees of the senate and house16
of representatives, or any successor committees, a report concerning the17
concurrent enrollment of qualified students in postsecondary courses,18
including academic courses and career and technical education courses,19
and courses related to apprenticeship programs and internship programs.20
The report must include, but need not be limited to:21
(g) F
OR THE PREVIOUS SCHOOL YEAR, the total number of qualified22
students designated by the department as ASCENT or TREP program
23
participants in the previous school year THAT LOCAL EDUCATION24
PROVIDERS DESIGNATED AS ASCENT PROGRAM PARTICIPANTS AND THE25
TOTAL NUMBER OF QUALIFIED STUDENTS THE DEPARTMENT DESIGNATED26
AS PARTICIPANTS IN THE TEACHER RECRUITMENT EDUCATION AND27
HB22-1002
-11- PREPARATION PROGRAM ;1
SECTION 6. In Colorado Revised Statutes, 22-35-113, amend2
(1)(f) as follows:3
22-35-113. Concurrent enrollment - website. (1) By July 1,4
2020, the department of education and the department of higher5
education, with advice from the state board, shall make available to the6
public a concurrent enrollment website to provide information to students,7
parents, and legal guardians concerning concurrent enrollment options8
and requirements. The departments must ensure that the website is clear,9
easy to navigate, and generally user-friendly. In addition, the website10
must at a minimum:11
(f) Provide information concerning the payment of the costs of12
concurrent enrollment, including tuition, which is not chargeable to the13
student or the student's parent or legal guardian except as provided in14
section 22-35-105 (4)(c), fees and books, which may be chargeable to the15
student or the student's parent or legal guardian, and transportation;16
SECTION 7. In Colorado Revised Statutes, 22-54-114, amend17
(4)(a) as follows:18
22-54-114. State public school fund. (4) (a) For the 1997-9819
fiscal year and fiscal years thereafter, the net amount recovered by the20
department of education during the applicable fiscal year, pursuant to21
school district and institute charter school audits, as overpayments made22
to school districts and institute charter schools and any amount remitted23
by a school district or institute charter school pursuant to section24
22-35-108 (3)(c), that would otherwise be transmitted to the state25
treasurer for deposit in the general fund shall instead be transmitted to the26
state treasurer for deposit in the state public school fund. The amount27
HB22-1002
-12- shall be available for appropriation to the department of education in1
subsequent fiscal years.2
SECTION 8. In Colorado Revised Statutes, 23-18-202, amend3
(5)(c)(III) as follows:4
23-18-202. College opportunity fund - appropriations -5
payment of stipends - reimbursement - report. (5) (c) (III) For an6
eligible undergraduate student who has completed one or more college7
courses while enrolled in high school pursuant to the "Concurrent8
Enrollment Programs Act", article 35 of title 22, or while designated by9
the department of education as an ASCENT program participant pursuant10
to section 22-35-108 or as a TREP program participant pursuant to11
section 22-35-108.5, or while enrolled in a pathways in technology early12
college high school pursuant to article 35.3 of title 22, all college-level13
credit hours earned by the student while so enrolled count against the14
lifetime limitation described in subsection (5)(c)(I) of this section; except15
that credit hours earned from enrollment in a developmental education16
course, as defined in section 23-1-113 (11)(b), do not count against the17
lifetime limitation.18
SECTION 9. Safety clause. The general assembly hereby finds,19
determines, and declares that this act is necessary for the immediate20
preservation of the public peace, health, or safety.21
HB22-1002
-13-