Second Regular Session Seventy-third General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 22-0703.03 Conrad Imel x2313 HOUSE BILL 22-1349 House Committees Senate Committees Education Appropriations A BILL FOR AN ACT C ONCERNING IMPROVING DECISION -MAKING TO ENHANCE101 POSTSECONDARY STUDENT SUCCESS, AND, IN CONNECTION102 THEREWITH, MAKING AN APPROPRIATION .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/ .) 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 HOUSE 3rd Reading Unamended April 22, 2022 HOUSE Amended 2nd Reading April 20, 2022 HOUSE SPONSORSHIP Duran and Will, Bacon, Bernett, Bird, Boesenecker, Esgar, Exum, Gonzales-Gutierrez, Herod, Hooton, Jodeh, Kennedy, Kipp, Lindsay, Lontine, McCluskie, McLachlan, Michaelson Jenet, Mullica, Ortiz, Titone, Valdez A., Valdez D. 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. The student success measures must include postsecondary 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 1349-2- invest in structural solutions and make progress on a long-term vision for1 postsecondary success;2 (d) Information about higher education in Colorado is limited for3 the public and consumers, including students and the people who may4 employ them;5 (e) Improving statewide education and workforce outcomes is6 contingent upon data-informed decision-making made possible with7 publicly accessible data;8 (f) The task force created pursuant to House Bill 21-1330, enacted9 in 2021, recommended investing in a statewide data system to enhance10 public transparency of postsecondary and workforce data, with the11 ultimate goal of maintaining a longitudinal framework to connect K-12,12 postsecondary, and workforce data; and13 (g) A data system will better equip faculty, staff, and leadership14 at postsecondary institutions with granular, timely data to inform15 decision-making; uncover equity gaps; increase student success; and16 identify, communicate, and showcase promising practices.17 (2) Therefore, the general assembly declares that the creation of18 a statewide student success data system will provide institutions of higher19 education with actionable metrics of student success and make available20 robust economic opportunity data to empower students as they navigate21 all available education and training options.22 SECTION 2. In Colorado Revised Statutes, add 23-1-139 as23 follows:24 23-1-139. Commission directive - statewide student success25 measures - definitions. (1) (a) N O LATER THAN DECEMBER 31, 2022, THE26 COMMISSION SHALL ENACT A POLICY DIRECTING THE DEPARTMENT TO27 1349 -3- DEVELOP STUDENT SUCCESS MEASURES THAT MEASURE THE PROGRESSION1 OF STUDENTS THROUGH POSTSECONDARY EDUCATION AND THE IMPACT OF2 POSTSECONDARY PATHWAYS ON A STUDENT 'S CAREER OPPORTUNITIES AND3 SUCCESS.4 (b) T HE STUDENT SUCCESS MEASURES MUST INCLUDE5 POSTSECONDARY SUCCESS MEASURES AND WORKFORCE SUCCESS6 MEASURES. THE COMMISSION SHALL PRIORITIZE DEVELOPMENT OF THE7 POSTSECONDARY SUCCESS MEASURES . POSTSECONDARY SUCCESS8 MEASURES MAY INCLUDE, BUT ARE NOT LIMITED TO , CREDIT9 ACCUMULATION, COURSE PASSAGE, COST OF ATTENDANCE, RETENTION10 RATES, CREDENTIAL COMPLETION RATES, STUDENT SUPPORT ACCESS AND11 EFFECTIVENESS, GRADUATE PROGRAM ENROLLMENT , AND STUDENT12 MOBILITY. THE STUDENT SUCCESS MEASURES MUST INCLUDE DATA ON13 NONTRADITIONAL STUDENTS WHO ARE NOT FIRST- TIME, FULL-TIME14 FRESHMAN STUDENTS , INCLUDING GRADUATION RATES FOR15 NONTRADITIONAL STUDENTS, AND CREDENTIAL AND CERTIFICATE16 COMPLETION RATES FOR TRANSFER STUDENTS. THE STUDENT SUCCESS17 MEASURES MUST ALSO INCLUDE MEASURES FOR STUDENT ENROLLMENT18 STATUS TWO, FOUR, AND SIX YEARS AFTER A STUDENT ENROLLS IN AN19 INSTITUTION OF HIGHER EDUCATION. WORKFORCE SUCCESS MEASURES20 MAY INCLUDE, BUT ARE NOT LIMITED TO, POSTSECONDARY EMPLOYMENT21 OUTCOMES FOR STUDENTS, JOB PLACEMENTS, EARNINGS, AND THE LENGTH22 OF TIME IT TAKES A STUDENT TO RECOUP THE COST OF COMPLETING A23 CREDENTIAL AT AN INSTITUTION BASED ON THE STUDENT 'S INCREASED24 EARNINGS, KNOWN AS THE PRICE -TO-EARNINGS PREMIUM . THE25 COMMISSION SHALL DETERMINE WHICH SPECIFIC POSTSECONDARY AND26 WORKFORCE SUCCESS MEASURES ARE INCLUDED IN ITS POLICY .27 1349 -4- (2) (a) IN DEVELOPING THE STUDENT SUCCESS MEASURES , THE1 DEPARTMENT SHALL COLLABORATE WITH THE COMMISSION , EACH2 INSTITUTION OF HIGHER EDUCATION , THE COLORADO WORKFORCE3 DEVELOPMENT COUNCIL, THE DEPARTMENT OF LABOR AND EMPLOYMENT ,4 THE DEPARTMENT OF EDUCATION , THE OFFICE OF ECONOMIC5 DEVELOPMENT AND INTERNATIONAL TRADE, REPRESENTATIVES FROM6 INDUSTRY, AND ORGANIZATIONS THAT SUPPORT CURRENT OR POTENTIAL7 STUDENTS AND PARENTS.8 (b) T HE DEPARTMENT, IN CONSULTATION WITH INSTITUTIONS OF9 HIGHER EDUCATION AND SUBJECT TO THE APPROVAL OF THE COMMISSION ,10 SHALL DETERMINE THE METHODOLOGY USED TO CALCULATE THE11 MEASURES.12 SECTION 3. In Colorado Revised Statutes, add 23-1-140 as13 follows:14 23-1-140. Student success data system - student success data15 transparency - appropriation - definition - repeal. (1) A S USED IN THIS16 SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES , "INSTITUTION OF17 HIGHER EDUCATION" OR "INSTITUTION" MEANS THE STATE INSTITUTIONS,18 AS DEFINED IN SECTION 23-18-102 (10)(a), THE LOCAL DISTRICT19 COLLEGES, AND THE AREA TECHNICAL COLLEGES .20 (2) (a) T HE DEPARTMENT SHALL CREATE AND MAINTAIN A21 STATEWIDE DATA SYSTEM OF STUDENT SUCCESS INFORMATION TO22 ENHANCE DATA-BASED DECISION-MAKING BY INSTITUTIONS AND THE23 PUBLIC IN ORDER TO INCREASE STUDENT SUCCESS USING THE STUDENT24 SUCCESS MEASURES DETERMINED BY THE COMMISSION . THE DATA SYSTEM25 INCLUDES INSTITUTION INTERFACES DESCRIBED IN SUBSECTION (3) OF THIS26 SECTION AND A PUBLIC INTERFACE. THE DATA SYSTEM MUST HAVE THE27 1349 -5- FUNCTIONALITY TO BE DEVELOPED INTO A LONGITUDINAL DATA SYSTEM1 OVER TIME THAT CONNECTS K-12, POSTSECONDARY, AND WORKFORCE2 INFORMATION.3 (b) (I) T HE COMMISSION SHALL PROVIDE GUIDANCE TO THE4 DEPARTMENT ON THE INFORMATION THAT SHOULD BE INCLUDED IN THE5 DATA SYSTEM TO ALIGN THE DATA SYSTEM WITH THE STUDENT SUCCESS6 MEASURES DEVELOPED PURSUANT TO SECTION 23-1-139.7 (II) E ACH INSTITUTION SHALL REPORT POSTSECONDARY SUCCESS8 INFORMATION TO THE DEPARTMENT THAT THE DEPARTMENT DETERMINES9 NECESSARY FOR INCLUSION IN THE STATEWIDE DATA SYSTEM .10 (III) T HE DEPARTMENT SHALL OBTAIN STUDENT WORKFORCE DATA11 NECESSARY FOR THE DATA SYSTEM BY THE BEST MEANS POSSIBLE ,12 INCLUDING OBTAINING EMPLOYMENT INFORMATION AND EARNINGS FROM13 THE DEPARTMENT OF LABOR AND EMPLOYMENT , THE COLORADO14 WORKFORCE DEVELOPMENT COUNCIL , OR ANY OTHER INITIATIVE OR15 DATA-SHARING PLATFORM THAT ALLOWS THE DEPARTMENT TO OBTAIN16 WORKFORCE DATA. THE DEPARTMENT OF LABOR AND EMPLOYMENT, THE17 COLORADO WORKFORCE DEVELOPMENT COUNCIL, AND THE DEPARTMENT18 OF EDUCATION SHALL PROVIDE TO THE DEPARTMENT THE INFORMATION19 THAT THE DEPARTMENT DEEMS NECESSARY TO IMPLEMENT AND OPERATE20 THE DATA SYSTEM.21 (c) THE DEPARTMENT MAY INCLUDE IN THE STATEWIDE DATA22 SYSTEM EMPLOYMENT AND WAGE OUTCOME DATA OF A WORKFORCE23 DEVELOPMENT OR TRAINING PROGRAM THAT JOINS THE DATA SYSTEM. IN24 ORDER TO JOIN THE DATA SYSTEM, A WORKFORCE DEVELOPMENT OR25 TRAINING PROGRAM MUST BE LISTED IN THE ELIGIBLE TRAINING PROVIDER26 LISTS DESCRIBED IN SECTION 8-83-225 (1)(c) OR RECEIVING FUNDING27 1349 -6- UNDER TITLE I OF THE FEDERAL "WORKFORCE INNOVATION AND1 OPPORTUNITY ACT", 29 U.S.C. SEC. 3101 ET SEQ. THE DEPARTMENT MAY2 PROVIDE A USER-FRIENDLY AND ACCESSIBLE OPTION FOR A PROGRAM3 DESCRIBED IN THIS SUBSECTION (2)(c) TO DELIVER DATA TO THE4 DEPARTMENT.5 (d) IN 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 . THE DEPARTMENT SHALL10 ALSO SEEK INPUT FROM EACH INSTITUTION OF HIGHER EDUCATION ,11 COLORADO EMPLOYERS, COLORADO STUDENTS, AND OTHER WORKFORCE12 TRAINING PROVIDERS OFFERING AN INDUSTRY RECOGNIZED CREDENTIAL.13 (e) THE DEPARTMENT MAY ENTER INTO AN AGREEMENT WITH A14 THIRD PARTY TO CREATE AND MAINTAIN THE DATA SYSTEM AND ANY15 MATERIALS DERIVED FROM THE SYSTEM . IF THE DEPARTMENT ENTERS INTO16 AN AGREEMENT WITH A THIRD PARTY , THE DEPARTMENT SHALL ENSURE17 THAT BOTH THE DEPARTMENT AND THE THIRD PARTY COMPLY WITH ALL18 STATE AND FEDERAL LAWS AND REGULATIONS CONCERNING THE PRIVACY19 OF STUDENT INFORMATION , INCLUDING THE FEDERAL "FAMILY20 E DUCATIONAL RIGHTS AND PRIVACY ACT OF 1974", 20 U.S.C. SEC.21 1232g, AS AMENDED.22 (3) (a) T HE DEPARTMENT SHALL WORK WITH AN INSTITUTION TO23 INCLUDE INFORMATION ON AN INTERFACE THAT IS INTERNAL TO THAT24 INSTITUTION. INFORMATION AVAILABLE ON AN INSTITUTION INTERFACE25 MAY PROVIDE STUDENT SUCCESS DATA THAT IS MORE TIMELY , MORE26 GRANULAR, APPEARS IN A DIFFERENT FORMAT , OR INCLUDES27 1349 -7- FUNCTIONALITY THAT IS DIFFERENT FROM INFORMATION PROVIDED ON THE1 PUBLIC INTERFACE.2 (b) I F AN INSTITUTION MAINTAINS OR INTENDS TO CREATE ITS OWN3 DATA SYSTEM THAT ALIGNS WITH THE GOALS OF THE STATEWIDE DATA4 SYSTEM AND THE DEPARTMENT DETERMI NES THAT THERE IS SUFFICIENT5 ALIGNMENT, THE DEPARTMENT MAY , WITH THE APPROVAL OF THE6 COMMISSION, ALLOCATE MONEY TO THE INSTITUTION FOR THE CREATION ,7 IMPROVEMENT, OR MAINTENANCE OF THE INSTITUTION 'S DATA SYSTEM8 INSTEAD OF CREATING AN INTERFACE THAT IS INTERNAL TO THAT9 INSTITUTION. THE DEPARTMENT SHALL NOT ALLOCATE TO THE10 INSTITUTION AN AMOUNT GREATER THAN THE COST TO THE DEPARTMENT11 FOR CREATING AN INTERFACE THAT IS INTERNAL TO THE INSTITUTION . AN12 INSTITUTION THAT RECEIVES AN ALLOCATION IS NOT EXEMPT FROM THE13 REQUIREMENT TO REPORT STUDENT EDUCATIONAL SUCCESS INFORMATION14 TO THE DEPARTMENT PURSUANT TO SUBSECTION (2)(b)(II) OF THIS15 SECTION.16 (4) T HE PUBLIC INTERFACE OF THE DATA SYSTEM INCLUDES17 STUDENT SUCCESS INFORMATION THAT IS ALIGNED WITH THE STUDENT18 SUCCESS MEASURES DEVELOPED PURSUANT TO SECTION 23-1-139. THE19 COMMISSION SHALL DETERMINE THE SPECIFIC STUDENT SUCCESS20 INFORMATION THAT MUST BE INCLUDED IN THE PUBLIC INTERFACE ,21 INCLUDING DETERMINING HOW THE INFORMATION IS DISAGGREGATED BY22 STUDENT POPULATIONS, INCLUDING POPULATIONS IDENTIFIED BY RACE ,23 ETHNICITY, GENDER, FIRST-GENERATION STATUS , DISABILITY, AND24 SOCIOECONOMIC FACTORS . THE PUBLIC INTERFACE MUST ALLOW A USER25 TO CONDUCT AN INTERACTIVE SEARCH TO VIEW AND COMPARE STUDENT26 SUCCESS INFORMATION FOR SPECIFIC INSTITUTIONS AND CREDENTIAL27 1349 -8- PROGRAMS SO THAT THE USER MAY MAKE INFORMED DECISIONS1 REGARDING THE ECONOMIC OPPORTUNITY AND TRADEOFFS OF VARIOUS2 EDUCATIONAL AND CAREER TRAINING OPTIONS . THE DEPARTMENT SHALL3 UPDATE THE DATA IN THE PUBLIC INTERFACE AS FREQUENTLY AS4 PRACTICABLE, BUT AT LEAST ANNUALLY, TO ENSURE THAT COLORADO5 STUDENTS AND THE PUBLIC HAVE THE MOST RELEVANT AND CURRENT6 INFORMATION AVAILABLE.7 (5) (a) THE COMMISSION SHALL, IN COLLABORATION WITH THE8 OFFICE IN THE DEPARTMENT THAT IS RESPONSIBLE FOR DEVELOPING9 POLICY TO REMOVE EQUITY GAPS IN POSTSECONDARY EDUCATION IN10 C OLORADO, USE THE DATA INCLUDED IN THE INSTITUTION AND STATEWIDE11 DATA SYSTEM TO EXAMINE EDUCATIONAL AND WORKFORCE SUCCESS12 DISPARITIES AMONG VARIOUS STUDENT POPULATIONS , INCLUDING13 POPULATIONS IDENTIFIED BY RACE , ETHNICITY, GENDER,14 FIRST-GENERATION STATUS, DISABILITY, AGE, AND SOCIOECONOMIC15 FACTORS.16 (b) IN ORDER TO FURTHER THE GOAL OF USING DATA TO IMPROVE17 INSTITUTIONAL DECISION-MAKING AND BEST PRACTICES, THE COMMISSION18 SHALL FACILITATE INFORMATION SHARING AMONG INSTITUTIONS ABOUT19 PRACTICES IMPLEMENTED BY AN INSTITUTION BASED ON DATA LEARNED20 FROM THE DATA SYSTEM.21 (6) I N ORDER TO FACILITATE THE COLLECTION OF STUDENT22 SUCCESS DATA AND INFORMATION FROM INSTITUTIONS OF HIGHER23 EDUCATION, THE DEPARTMENT SHALL UPDATE AND MODERNIZE ITS DATA24 COLLECTION SYSTEMS, INCLUDING ITS STUDENT-UNIT RECORD DATA25 SYSTEM.26 (7) O N OR BEFORE JANUARY 15, 2023, AND ON OR BEFORE27 1349 -9- JANUARY 15, 2024, THE COMMISSION SHALL SUBMIT A REPORT TO THE1 HOUSE OF REPRESENTATIVES EDUCATION COMMITTEE AND SENATE2 EDUCATION COMMITTEE ON THE WORK REQUIRED AND ANY BARRIERS3 IDENTIFIED, INCLUDING RECOMMENDATIONS FOR LEGISLATIVE CHANGES4 NECESSARY, TO DELIVER A STATEWIDE LONGITUDINAL DATA SYSTEM THAT5 CONNECTS K-12, POSTSECONDARY EDUCATION , AND WORKFORCE6 INFORMATION.7 (8) (a) F OR THE 2022-23 STATE FISCAL YEAR, THE GENERAL8 ASSEMBLY SHALL APPROPRIATE THREE MILLION DOLLARS FROM THE9 WORKERS, EMPLOYERS, AND WORKFORCE CENTERS CASH FUND CREATED10 IN SECTION 24-75-231 TO THE DEPARTMENT FOR THE PURPOSES OF THIS11 SECTION. THE MONEY APPROPRIATED PURSUANT TO THIS SUBSECTION (8)12 MUST BE FROM THE MONEY IN THE WORKERS , EMPLOYERS, AND13 WORKFORCE CENTERS CASH FUND THAT ORIGINATED FROM THE GENERAL14 FUND. ANY UNEXPENDED OR UNENCUMBERED MONEY APPROPRIATED15 PURSUANT TO THIS SECTION REMAINS AVAILABLE FOR EXPENDITURE FOR16 THE SAME PURPOSE IN THE 2023-24 STATE FISCAL YEAR WITHOUT FURTHER17 APPROPRIATION.18 (b) T HIS SUBSECTION (8) IS REPEALED, EFFECTIVE DECEMBER 31,19 2024.20 SECTION 4. Appropriation. For the 2022-23 state fiscal year,21 $3,000,000 is appropriated to the department of higher education. This22 appropriation is from the workers, employers, and workforce centers cash23 fund created in section 24-75-231 (2)(a), C.R.S., is of money that24 originates from the general fund, and is based on an assumption that the25 department will require an additional 1.0 FTE in the FY 2022-23 and FY26 2023-24 state fiscal years. To implement this act, the department may use27 1349 -10- this appropriation for the student success data system. Any money1 appropriated in this section not expended prior to July 1, 2023 is available2 for expenditure in the 2023-24 state fiscal year for the same purpose.3 SECTION 5. Act subject to petition - effective date. This act4 takes effect at 12:01 a.m. on the day following the expiration of the5 ninety-day period after final adjournment of the general assembly; except6 that, if a referendum petition is filed pursuant to section 1 (3) of article V7 of the state constitution against this act or an item, section, or part of this8 act within such period, then the act, item, section, or part will not take9 effect unless approved by the people at the general election to be held in10 November 2022 and, in such case, will take effect on the date of the11 official declaration of the vote thereon by the governor.12 1349 -11-