Second Regular Session Seventy-third General Assembly STATE OF COLORADO INTRODUCED LLS NO. 22-0703.03 Conrad Imel x2313 HOUSE BILL 22-1349 House Committees Senate Committees Education A BILL FOR AN ACT C ONCERNING IMPROVING DECISION -MAKING TO ENHANCE101 POSTSECONDARY STUDENT SUCCESS .102 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/ .) The bill requires the Colorado commission on higher education (commission) to enact a policy directing the department of higher education (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. The student success measures must include postsecondary HOUSE SPONSORSHIP Duran and Will, SENATE SPONSORSHIP Bridges and Priola, 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. success measures and workforce success measures. The bill requires the department to create and maintain a statewide student success data system that includes institution-specific interfaces and a public interface. The data system includes student success information aligned with the student success measures. An institution interface includes 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. The public interface must allow a user to view and compare student workforce success information for specific institutions of higher education in Colorado. The commission determines the information included in the public interface and how that information is disaggregated by various student populations, such as populations identified by race, ethnicity, gender, and socioeconomic factors. The bill requires the commission to use the data included in the institution and statewide data system to examine educational and workforce success disparities among various student populations. The department may enter into an agreement with a third party to create and maintain the data system. The bill requires the department to update and modernize its data collection systems to facilitate the collection of student success data. The bill requires the general assembly to appropriate $3 million to create the data system. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. Legislative declaration. (1) The general assembly2 finds and declares that:3 (a) The COVID-19 pandemic created economic disruption across4 almost every industry, posing significant challenges to students pursuing5 postsecondary education in preparation to enter the job market and build6 their careers;7 (b) With the infusion of one-time federal funds, Colorado has a8 unique opportunity to drive improvements in the education-to-career9 pipeline and put higher education and workforce development at the10 center of the economic recovery agenda;11 (c) By using these funds to address near-term needs, Colorado can12 invest in structural solutions and make progress on a long-term vision for13 HB22-1349-2- postsecondary success;1 (d) Information about higher education in Colorado is limited for2 the public and consumers, including students and the people who may3 employ them;4 (e) Improving statewide education and workforce outcomes is5 contingent upon data-informed decision-making made possible with6 publicly accessible data;7 (f) The task force created pursuant to House Bill 21-1330, enacted8 in 2021, recommended investing in a statewide data system to enhance9 public transparency of postsecondary and workforce data, with the10 ultimate goal of maintaining a longitudinal framework to connect K-12,11 postsecondary, and workforce data; and12 (g) A data system will better equip faculty, staff, and leadership13 at postsecondary institutions with granular, timely data to inform14 decision-making; uncover equity gaps; increase student success; and15 identify, communicate, and showcase promising practices.16 (2) Therefore, the general assembly declares that the creation of17 a statewide student success data system will provide institutions of higher18 education with actionable metrics of student success and make available19 robust economic opportunity data to empower students as they navigate20 all available education and training options.21 SECTION 2. In Colorado Revised Statutes, add 23-1-139 as22 follows:23 23-1-139. Commission directive - statewide student success24 measures - definitions. (1) (a) N O LATER THAN DECEMBER 31, 2022, THE25 COMMISSION SHALL ENACT A POLICY DIRECTING THE DEPARTMENT TO26 DEVELOP STUDENT SUCCESS MEASURES THAT MEASURE THE PROGRESSION27 HB22-1349 -3- OF STUDENTS THROUGH POSTSECONDARY EDUCATION AND THE IMPACT OF1 POSTSECONDARY PATHWAYS ON A STUDENT 'S CAREER OPPORTUNITIES AND2 SUCCESS.3 (b) T HE STUDENT SUCCESS MEASURES MUST INCLUDE4 POSTSECONDARY SUCCESS MEASURES AND WORKFORCE SUCCESS5 MEASURES. POSTSECONDARY SUCCESS MEASURES INCLUDE , BUT ARE NOT6 LIMITED TO, CREDIT ACCUMULATION , COURSE PASSAGE, COST OF7 ATTENDANCE, RETENTION RATES, CREDENTIAL COMPLETION RATES ,8 STUDENT SUPPORT ACCESS AND EFFECTIVENESS , GRADUATE PROGRAM9 ENROLLMENT, AND STUDENT MOBILITY. WORKFORCE SUCCESS MEASURES10 INCLUDE, BUT ARE NOT LIMITED TO , POSTSECONDARY EMPLOYMENT11 OUTCOMES FOR STUDENTS, JOB PLACEMENTS, EARNINGS, AND THE LENGTH12 OF TIME IT TAKES A STUDENT TO RECOUP THE COST OF COMPLETING A13 CREDENTIAL AT AN INSTITUTION BASED ON THE STUDENT 'S INCREASED14 EARNINGS, KNOWN AS THE PRICE -TO-EARNINGS PREMIUM . THE15 COMMISSION SHALL DETERMINE WHICH SPECIFIC POSTSECONDARY AND16 WORKFORCE SUCCESS MEASURES ARE INCLUDED IN ITS POLICY .17 (2) (a) I N DEVELOPING THE STUDENT SUCCESS MEASURES , THE18 DEPARTMENT SHALL COLLABORATE WITH THE COMMISSION , INSTITUTIONS19 OF HIGHER EDUCATION, THE COLORADO WORKFORCE DEVELOPMENT20 COUNCIL, THE DEPARTMENT OF LABOR AND EMPLOYMENT , THE21 DEPARTMENT OF EDUCATION , AND THE OFFICE OF ECONOMIC22 DEVELOPMENT AND INTERNATIONAL TRADE .23 (b) T HE DEPARTMENT, IN CONSULTATION WITH INSTITUTIONS OF24 HIGHER EDUCATION AND SUBJECT TO THE APPROVAL OF THE COMMISSION ,25 SHALL DETERMINE THE METHODOLOGY USED TO CALCULATE THE26 MEASURES.27 HB22-1349 -4- SECTION 3. In Colorado Revised Statutes, add 23-1-140 as1 follows:2 23-1-140. Student success data system - student success data3 transparency - appropriation - definition - repeal. (1) A S USED IN THIS4 SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES , "INSTITUTION OF5 HIGHER EDUCATION" OR "INSTITUTION" MEANS THE STATE INSTITUTIONS,6 AS DEFINED IN SECTION 23-18-102 (10)(a), THE LOCAL DISTRICT7 COLLEGES, AND THE AREA TECHNICAL COLLEGES .8 (2) (a) T HE DEPARTMENT SHALL CREATE AND MAINTAIN A9 STATEWIDE DATA SYSTEM OF STUDENT SUCCESS INFORMATION TO10 ENHANCE DATA-BASED DECISION-MAKING BY INSTITUTIONS AND THE11 PUBLIC IN ORDER TO INCREASE STUDENT SUCCESS USING THE STUDENT12 SUCCESS MEASURES DETERMINED BY THE COMMISSION . THE DATA SYSTEM13 INCLUDES INSTITUTION INTERFACES DESCRIBED IN SUBSECTION (3) OF THIS14 SECTION AND A PUBLIC INTERFACE. THE DATA SYSTEM MUST HAVE THE15 FUNCTIONALITY TO BE DEVELOPED INTO A LONGITUDINAL DATA SYSTEM16 OVER TIME THAT CONNECTS K-12, POSTSECONDARY, AND WORKFORCE17 INFORMATION.18 (b) (I) T HE COMMISSION SHALL PROVIDE GUIDANCE TO THE19 DEPARTMENT ON THE INFORMATION THAT SHOULD BE INCLUDED IN THE20 DATA SYSTEM TO ALIGN THE DATA SYSTEM WITH THE STUDENT SUCCESS21 MEASURES DEVELOPED PURSUANT TO SECTION 23-1-139.22 (II) E ACH INSTITUTION SHALL REPORT POSTSECONDARY SUCCESS23 INFORMATION TO THE DEPARTMENT THAT THE DEPARTMENT DETERMINES24 NECESSARY FOR INCLUSION IN THE STATEWIDE DATA SYSTEM .25 (III) T HE DEPARTMENT SHALL OBTAIN STUDENT WORKFORCE DATA26 NECESSARY FOR THE DATA SYSTEM BY THE BEST MEANS POSSIBLE ,27 HB22-1349 -5- INCLUDING OBTAINING EMPLOYMENT INFORMATION AND EARNINGS FROM1 THE DEPARTMENT OF LABOR AND EMPLOYMENT , THE COLORADO2 WORKFORCE DEVELOPMENT COUNCIL , OR ANY OTHER INITIATIVE OR3 DATA-SHARING PLATFORM THAT ALLOWS THE DEPARTMENT TO OBTAIN4 WORKFORCE DATA.5 (c) I N DEVELOPING THE DATA SYSTEM , THE DEPARTMENT SHALL6 COLLABORATE WITH THE COLORADO WORKFORCE DEVELOPMENT7 COUNCIL, THE DEPARTMENT OF LABOR AND EMPLOYMENT , THE8 DEPARTMENT OF EDUCATION , AND THE OFFICE OF ECONOMIC9 DEVELOPMENT AND INTERNATIONAL TRADE .10 (d) T HE DEPARTMENT MAY ENTER INTO AN AGREEMENT WITH A11 THIRD PARTY TO CREATE AND MAINTAIN THE DATA SYSTEM AND ANY12 MATERIALS DERIVED FROM THE SYSTEM . IF THE DEPARTMENT ENTERS INTO13 AN AGREEMENT WITH A THIRD PARTY , THE DEPARTMENT SHALL ENSURE14 THAT BOTH THE DEPARTMENT AND THE THIRD PARTY COMPLY WITH ALL15 STATE AND FEDERAL LAWS AND REGULATIONS CONCERNING THE PRIVACY16 OF STUDENT INFORMATION , INCLUDING THE FEDERAL "FAMILY17 E DUCATIONAL RIGHTS AND PRIVACY ACT OF 1974", 20 U.S.C. SEC.18 1232g, AS AMENDED.19 (3) (a) T HE DEPARTMENT SHALL WORK WITH AN INSTITUTION TO20 INCLUDE INFORMATION ON AN INTERFACE THAT IS INTERNAL TO THAT21 INSTITUTION. INFORMATION AVAILABLE ON AN INSTITUTION INTERFACE22 MAY PROVIDE STUDENT SUCCESS DATA THAT IS MORE TIMELY , MORE23 GRANULAR, APPEARS IN A DIFFERENT FORMAT , OR INCLUDES24 FUNCTIONALITY THAT IS DIFFERENT FROM INFORMATION PROVIDED ON THE25 PUBLIC INTERFACE.26 (b) I F AN INSTITUTION MAINTAINS OR INTENDS TO CREATE ITS OWN27 HB22-1349 -6- DATA SYSTEM THAT ALIGNS WITH THE GOALS OF THE STATEWIDE DATA1 SYSTEM AND THE DEPARTMENT DETERMI NES THAT THERE IS SUFFICIENT2 ALIGNMENT, THE DEPARTMENT MAY , WITH THE APPROVAL OF THE3 COMMISSION, ALLOCATE MONEY TO THE INSTITUTION FOR THE CREATION ,4 IMPROVEMENT, OR MAINTENANCE OF THE INSTITUTION 'S DATA SYSTEM5 INSTEAD OF CREATING AN INTERFACE THAT IS INTERNAL TO THAT6 INSTITUTION. THE DEPARTMENT SHALL NOT ALLOCATE TO THE7 INSTITUTION AN AMOUNT GREATER THAN THE COST TO THE DEPARTMENT8 FOR CREATING AN INTERFACE THAT IS INTERNAL TO THE INSTITUTION . AN9 INSTITUTION THAT RECEIVES AN ALLOCATION IS NOT EXEMPT FROM THE10 REQUIREMENT TO REPORT STUDENT EDUCATIONAL SUCCESS INFORMATION11 TO THE DEPARTMENT PURSUANT TO SUBSECTION (2)(b)(II) OF THIS12 SECTION.13 (4) T HE PUBLIC INTERFACE OF THE DATA SYSTEM INCLUDES14 STUDENT SUCCESS INFORMATION THAT IS ALIGNED WITH THE STUDENT15 SUCCESS MEASURES DEVELOPED PURSUANT TO SECTION 23-1-139. THE16 COMMISSION SHALL DETERMINE THE SPECIFIC STUDENT SUCCESS17 INFORMATION THAT MUST BE INCLUDED IN THE PUBLIC INTERFACE ,18 INCLUDING DETERMINING HOW THE INFORMATION IS DISAGGREGATED BY19 STUDENT POPULATIONS, INCLUDING POPULATIONS IDENTIFIED BY RACE ,20 ETHNICITY, GENDER, FIRST-GENERATION STATUS, AND SOCIOECONOMIC21 FACTORS. THE PUBLIC INTERFACE MUST ALLOW A USER TO CONDUCT AN22 INTERACTIVE SEARCH TO VIEW AND COMPARE STUDENT SUCCESS23 INFORMATION FOR SPECIFIC INSTITUTIONS AND CREDENTIAL PROGRAMS SO24 THAT THE USER MAY MAKE INFORMED DECISIONS REGARDING THE25 ECONOMIC OPPORTUNITY AND TRADEOFFS OF VARIOUS EDUCATI ONAL AND26 CAREER TRAINING OPTIONS. THE DEPARTMENT SHALL UPDATE THE DATA27 HB22-1349 -7- IN THE PUBLIC INTERFACE AS FREQUENTLY AS PRACTICABLE , BUT AT LEAST1 ANNUALLY, TO ENSURE THAT COLORADO STUDENTS AND THE PUBLIC HAVE2 THE MOST RELEVANT AND CURRENT INFORMATION AVAILABLE .3 (5) T HE COMMISSION SHALL, IN COLLABORATION WITH THE OFFICE4 IN THE DEPARTMENT THAT IS RESPONSIBLE FOR DEVELOPING POLICY TO5 REMOVE EQUITY GAPS IN POSTSECONDARY EDUCATION IN COLORADO, USE6 THE DATA INCLUDED IN THE INSTITUTION AND STATEWIDE DATA SYSTEM7 TO EXAMINE EDUCATIONAL AND WORKFORCE SUCCESS DISPARITIES8 AMONG VARIOUS STUDENT POPULATIONS , INCLUDING POPULATIONS9 IDENTIFIED BY RACE, ETHNICITY, GENDER, FIRST-GENERATION STATUS,10 AND SOCIOECONOMIC FACTORS .11 (6) I N ORDER TO FACILITATE THE COLLECTION OF STUDENT12 SUCCESS DATA AND INFORMATION FROM INSTITUTIONS OF HIGHER13 EDUCATION, THE DEPARTMENT SHALL UPDATE AND MODERNIZE ITS DATA14 COLLECTION SYSTEMS, INCLUDING ITS STUDENT-UNIT RECORD DATA15 SYSTEM.16 (7) O N OR BEFORE JANUARY 15, 2023, AND ON OR BEFORE17 J ANUARY 15, 2024, THE COMMISSION SHALL SUBMIT A REPORT TO THE18 HOUSE OF REPRESENTATIVES EDUCATION COMMITTEE AND SENATE19 EDUCATION COMMITTEE ON THE WO RK REQUIRED AND ANY BARRIERS20 IDENTIFIED, INCLUDING RECOMMENDATIONS FOR LEGISLATIVE CHANGES21 NECESSARY, TO DELIVER A STATEWIDE LONGITUDINAL DATA SYSTEM THAT22 CONNECTS K-12, POSTSECONDARY EDUCATION , AND WORKFORCE23 INFORMATION.24 (8) (a) F OR THE 2022-23 STATE FISCAL YEAR, THE GENERAL25 ASSEMBLY SHALL APPROPRIATE THREE MILLION DOLLARS FROM THE26 WORKERS, EMPLOYERS, AND WORKFORCE CENTERS CASH FUND CREATED27 HB22-1349 -8- IN SECTION 24-75-231 TO THE DEPARTMENT FOR THE PURPOSES OF THIS1 SECTION. THE MONEY APPROPRIATED PURSUANT TO THIS SUBSECTION (8)2 MUST BE FROM THE MONEY IN THE WORKERS , EMPLOYERS, AND3 WORKFORCE CENTERS CASH FUND THAT ORIGINATED FROM THE GENERAL4 FUND. ANY UNEXPENDED OR UNENCUMBERED MONEY APPROPRIATED5 PURSUANT TO THIS SECTION REMAINS AVAILABLE FOR EXPENDITURE FOR6 THE SAME PURPOSE IN THE 2023-24 STATE FISCAL YEAR WITHOUT FURTHER7 APPROPRIATION.8 (b) T HIS SUBSECTION (8) IS REPEALED, EFFECTIVE DECEMBER 31,9 2024.10 SECTION 4. Act subject to petition - effective date. This act11 takes effect at 12:01 a.m. on the day following the expiration of the12 ninety-day period after final adjournment of the general assembly; except13 that, if a referendum petition is filed pursuant to section 1 (3) of article V14 of the state constitution against this act or an item, section, or part of this15 act within such period, then the act, item, section, or part will not take16 effect unless approved by the people at the general election to be held in17 November 2022 and, in such case, will take effect on the date of the18 official declaration of the vote thereon by the governor.19 HB22-1349 -9-