Colorado 2022 2022 Regular Session

Colorado House Bill HB1349 Amended / Bill

Filed 05/06/2022

                    Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 22-0703.03 Conrad Imel x2313
HOUSE BILL 22-1349
House Committees Senate Committees
Education Education
Appropriations 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
SENATE
3rd Reading Unamended
May 5, 2022
SENATE
Amended 2nd Reading
May 4, 2022
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, Ginal, Hansen, Jaquez Lewis, Moreno
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
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-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
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-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
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-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) (a) IN 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
(b)  T
HE DEPARTMENT, IN COLLECTING DATA FROM INSTITUTIONS,
27
1349
-9- MAY USE, WHEN POSSIBLE, OPEN-SOURCE DATA TRANSPARENCY1
LANGUAGES THAT UTILIZE OPEN, INTEROPERABLE DATA FORMATS .2
(7)  O
N OR BEFORE JANUARY 15, 2023, AND ON OR BEFORE3
J
ANUARY 15, 2024, THE COMMISSION SHALL SUBMIT A REPORT TO THE4
HOUSE OF REPRESENTATIVES EDUCATION COMMITTEE AND SENATE5
EDUCATION COMMITTEE ON THE WORK REQUIRED AND ANY BARRIERS6
IDENTIFIED, INCLUDING RECOMMENDATIONS FOR LEGISLATIVE CHANGES7
NECESSARY, TO DELIVER A STATEWIDE LONGITUDINAL DATA SYSTEM THAT8
CONNECTS K-12, POSTSECONDARY EDUCATION , AND WORKFORCE9
INFORMATION.10
(8) (a)  F
OR THE 2022-23 STATE FISCAL YEAR, THE GENERAL11
ASSEMBLY SHALL APPROPRIATE THREE MILLION DOLLARS FROM THE12
WORKERS, EMPLOYERS, AND WORKFORCE CENTERS CASH FUND CREATED13
IN SECTION 24-75-231 TO THE DEPARTMENT FOR THE PURPOSES OF THIS14
SECTION. THE MONEY APPROPRIATED PURSUANT TO THIS SUBSECTION (8)15
MUST BE FROM THE MONEY IN THE WORKERS , EMPLOYERS, AND16
WORKFORCE CENTERS CASH FUND THAT ORIGINATED FROM THE GENERAL17
FUND. ANY UNEXPENDED OR UNENCUMBERED MONEY APPROPRIATED18
PURSUANT TO THIS SECTION REMAINS AVAILABLE FOR EXPENDITURE FOR19
THE SAME PURPOSE IN THE 2023-24 STATE FISCAL YEAR WITHOUT FURTHER20
APPROPRIATION.21
(b)  T
HIS SUBSECTION (8) IS REPEALED, EFFECTIVE DECEMBER 31,22
2024.23
SECTION 4.  Appropriation. For the 2022-23 state fiscal year,24
$3,000,000 is appropriated to the department of higher education. This25
appropriation is from the workers, employers, and workforce centers cash26
fund created in section 24-75-231 (2)(a), C.R.S., is of money that27
1349
-10- originates from the general fund, and is based on an assumption that the1
department will require an additional 1.0 FTE in the FY 2022-23 and FY2
2023-24 state fiscal years. To implement this act, the department may use3
this appropriation for the student success data system. Any money4
appropriated in this section not expended prior to July 1, 2023 is available5
for expenditure in the 2023-24 state fiscal year for the same purpose.6
SECTION 5. Act subject to petition - effective date. This act7
takes effect at 12:01 a.m. on the day following the expiration of the8
ninety-day period after final adjournment of the general assembly; except9
that, if a referendum petition is filed pursuant to section 1 (3) of article V10
of the state constitution against this act or an item, section, or part of this11
act within such period, then the act, item, section, or part will not take12
effect unless approved by the people at the general election to be held in13
November 2022 and, in such case, will take effect on the date of the14
official declaration of the vote thereon by the governor.15
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-11-