HOUSE BILL 22-1349
BY REPRESENTATIVE(S) 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., Ricks,
Woodrow, Young;
also SENATOR(S) Bridges and Priola, Ginal, Hansen, Jaquez Lewis,
Moreno.
C
ONCERNING IMPROVING DECISION-MAKING TO ENHANCE POSTSECONDARY
STUDENT SUCCESS
, AND, IN CONNECTION THEREWITH, MAKING AN
APPROPRIATION
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. (1) The general assembly
finds and declares that:
(a) The COVID-19 pandemic created economic disruption across
almost every industry, posing significant challenges to students pursuing
postsecondary education in preparation to enter the job market and build
their careers;
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. (b) With the infusion of one-time federal funds, Colorado has a
unique opportunity to drive improvements in the education-to-career
pipeline and put higher education and workforce development at the center
of the economic recovery agenda;
(c) By using these funds to address near-term needs, Colorado can
invest in structural solutions and make progress on a long-term vision for
postsecondary success;
(d) Information about higher education in Colorado is limited for the
public and consumers, including students and the people who may employ
them;
(e) Improving statewide education and workforce outcomes is
contingent upon data-informed decision-making made possible with
publicly accessible data;
(f) The task force created pursuant to House Bill 21-1330, enacted
in 2021, recommended investing in a statewide data system to enhance
public transparency of postsecondary and workforce data, with the ultimate
goal of maintaining a longitudinal framework to connect K-12,
postsecondary, and workforce data; and
(g) A data system will better equip faculty, staff, and leadership at
postsecondary institutions with granular, timely data to inform
decision-making; uncover equity gaps; increase student success; and
identify, communicate, and showcase promising practices.
(2) Therefore, the general assembly declares that the creation of a
statewide student success data system will provide institutions of higher
education with actionable metrics of student success and make available
robust economic opportunity data to empower students as they navigate all
available education and training options.
SECTION 2. In Colorado Revised Statutes, add 23-1-140 as
follows:
23-1-140. Commission directive - statewide student success
measures - definitions. (1) (a) N
O LATER THAN DECEMBER 31, 2022, THE
COMMISSION SHALL ENACT A POLICY DIRECTING THE DEPARTMENT TO
PAGE 2-HOUSE BILL 22-1349 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
.
(b) T
HE STUDENT SUCCESS MEASURES MUST INCLUDE
POSTSECONDARY SUCCESS MEASURES AND WORKFORCE SUCCESS MEASURES
.
T
HE COMMISSION SHALL PRIORITIZE DEVELOPMENT OF THE POSTSECONDARY
SUCCESS MEASURES
. POSTSECONDARY SUCCESS MEASURES MAY INCLUDE ,
BUT ARE NOT LIMITED TO, CREDIT ACCUMULATION, COURSE PASSAGE, COST
OF ATTENDANCE
, RETENTION RATES, CREDENTIAL COMPLETION RATES ,
STUDENT SUPPORT ACCESS AND EFFECTIVENESS , GRADUATE PROGRAM
ENROLLMENT
, AND STUDENT MOBILITY. THE STUDENT SUCCESS MEASURES
MUST INCLUDE DATA ON NONTRADITIONAL STUDENTS WHO ARE NOT FIRST
-
TIME, FULL-TIME FRESHMAN STUDENTS, INCLUDING GRADUATION RATES FOR
NONTRADITIONAL STUDENTS
, AND CREDENTIAL AND CERTIFICATE
COMPLETION RATES FOR TRANSFER STUDENTS
. THE STUDENT SUCCESS
MEASURES MUST ALSO INCLUDE MEASURES FOR STUDENT ENROLLMENT
STATUS TWO
, FOUR, AND SIX YEARS AFTER A STUDENT ENROLLS IN AN
INSTITUTION OF HIGHER EDUCATION
. WORKFORCE SUCCESS MEASURES MAY
INCLUDE
, BUT ARE NOT LIMITED TO , POSTSECONDARY EMPLOYMENT
OUTCOMES FOR STUDENTS
, JOB PLACEMENTS, EARNINGS, AND THE LENGTH
OF TIME IT TAKES A STUDENT TO RECOUP THE COST OF COMPLETING A
CREDENTIAL AT AN INSTITUTION BASED ON THE STUDENT
'S INCREASED
EARNINGS
, KNOWN AS THE PRICE-TO-EARNINGS PREMIUM. THE COMMISSION
SHALL DETERMINE WHICH SPECIFIC POSTSECONDARY AND WORKFORCE
SUCCESS MEASURES ARE INCLUDED IN ITS POLICY
.
(2) (a) I
N DEVELOPING THE STUDENT SUCCESS MEASURES , THE
DEPARTMENT SHALL COLLABORATE WITH THE COMMISSION
, EACH
INSTITUTION OF HIGHER EDUCATION
, THE COLORADO WORKFORCE
DEVELOPMENT COUNCIL
, THE DEPARTMENT OF LABOR AND EMPLOYMENT ,
THE DEPARTMENT OF EDUCATION , THE OFFICE OF ECONOMIC DEVELOPMENT
AND INTERNATIONAL TRADE
, REPRESENTATIVES FROM INDUSTRY , AND
ORGANIZATIONS THAT SUPPORT CURRENT OR POTENTIAL STUDENTS AND
PARENTS
.
(b) T
HE DEPARTMENT, IN CONSULTATION WITH INSTITUTIONS OF
HIGHER EDUCATION AND SUBJECT TO THE APPROVAL OF THE COMMISSION
,
SHALL DETERMINE THE METHODOLOGY USED TO CALCULATE THE MEASURES .
PAGE 3-HOUSE BILL 22-1349 SECTION 3. In Colorado Revised Statutes, add 23-1-141 as
follows:
23-1-141. Student success data system - student success data
transparency - appropriation - definition - repeal. (1) A
S USED IN THIS
SECTION
, UNLESS THE CONTEXT OTHERWISE REQUIRES , "INSTITUTION OF
HIGHER EDUCATION
" OR "INSTITUTION" MEANS THE STATE INSTITUTIONS, AS
DEFINED IN SECTION
23-18-102 (10)(a), THE LOCAL DISTRICT COLLEGES, AND
THE AREA TECHNICAL COLLEGES
.
(2) (a) T
HE DEPARTMENT SHALL CREATE AND MAINTAIN A
STATEWIDE DATA SYSTEM OF STUDENT SUCCESS INFORMATION TO ENHANCE
DATA
-BASED DECISION-MAKING BY INSTITUTIONS AND THE PUBLIC IN ORDER
TO INCREASE STUDENT SUCCESS USING THE STUDENT SUCCESS MEASURES
DETERMINED BY THE COMMISSION
. THE DATA SYSTEM INCLUDES
INSTITUTION INTERFACES DESCRIBED IN SUBSECTION
(3) OF THIS SECTION
AND A PUBLIC INTERFACE
. THE DATA SYSTEM MUST HAVE THE
FUNCTIONALITY TO BE DEVELOPED INTO A LONGITUDINAL DATA SYSTEM
OVER TIME THAT CONNECTS
K-12, POSTSECONDARY, AND WORKFORCE
INFORMATION
.
(b) (I) T
HE COMMISSION SHALL PROVIDE GUIDANCE TO THE
DEPARTMENT ON THE INFORMATION THAT SHOULD BE INCLUDED IN THE
DATA SYSTEM TO ALIGN THE DATA SYSTEM WITH THE STUDENT SUCCESS
MEASURES DEVELOPED PURSUANT TO SECTION
23-1-140.
(II) E
ACH INSTITUTION SHALL REPORT POSTSECONDARY SUCCESS
INFORMATION TO THE DEPARTMENT THAT THE DEPARTMENT DETERMINES
NECESSARY FOR INCLUSION IN THE STATEWIDE DATA SYSTEM
.
(III) T
HE DEPARTMENT SHALL OBTAIN STUDENT WORKFORCE DATA
NECESSARY FOR THE DATA SYSTEM BY THE BEST MEANS POSSIBLE
,
INCLUDING OBTAINING EMPLOYMENT INFORMATION AND EARNINGS FROM
THE DEPARTMENT OF LABOR AND EMPLOYMENT
, THE COLORADO
WORKFORCE DEVELOPMENT COUNCIL
, OR ANY OTHER INITIATIVE OR
DATA
-SHARING PLATFORM THAT ALLOWS THE DEPARTMENT TO OBTAIN
WORKFORCE DATA
. THE DEPARTMENT OF LABOR AND EMPLOYMENT , THE
COLORADO WORKFORCE DEVELOPMENT C OUNCIL , AND THE DEPARTMENT OF
EDUCATION SHALL PROVIDE TO THE DEPARTMENT THE INFORMATION THAT
THE DEPARTMENT DEEMS NECESSARY TO IMPLEMENT AND OPERATE THE
PAGE 4-HOUSE BILL 22-1349 DATA SYSTEM.
(c) T
HE DEPARTMENT MAY INCLUDE IN THE STATEWIDE DATA
SYSTEM EMPLOYMENT AND WAGE OUTCOME DATA OF A WORKFORCE
DEVELOPMENT OR TRAINING PROGRAM THAT JOINS THE DATA SYSTEM
. IN
ORDER TO JOIN THE DATA SYSTEM
, A WORKFORCE DEVELOPMENT OR
TRAINING PROGRAM MUST BE LISTED IN THE ELIGIBLE TRAINING PROVIDER
LISTS DESCRIBED IN SECTION
8-83-225 (1)(c) OR RECEIVING FUNDING UNDER
TITLE
I OF THE FEDERAL "WORKFORCE INNOVATION AND OPPORTUNITY
ACT", 29 U.S.C. SEC. 3101 ET SEQ. THE DEPARTMENT MAY PROVIDE A
USER
-FRIENDLY AND ACCESSIBLE OPTION FOR A PROGRAM DESCRIBED IN THIS
SUBSECTION
(2)(c) TO DELIVER DATA TO THE DEPARTMENT .
(d) I
N DEVELOPING THE DATA SYSTEM , THE DEPARTMENT SHALL
COLLABORATE WITH THE
COLORADO WORKFORCE DEVELOPMENT COUNCIL ,
THE DEPARTMENT OF LABOR AND EMPLOYMENT , THE DEPARTMENT OF
EDUCATION
, AND THE OFFICE OF ECONOMIC DEVELOPMENT AND
INTERNATIONAL TRADE
. THE DEPARTMENT SHALL ALSO SEEK INPUT FROM
EACH INSTITUTION OF HIGHER EDUCATION
, COLORADO EMPLOYERS ,
C
OLORADO STUDENTS , AND OTHER WORKFORCE TRAINING PROVIDERS
OFFERING AN INDUSTRY RECOGNIZED CREDENTIAL
.
(e) T
HE DEPARTMENT MAY ENTER INTO AN AGREEMENT WITH A
THIRD PARTY TO CREATE AND MAINTAIN THE DATA SYSTEM AND ANY
MATERIALS DERIVED FROM THE SYSTEM
. IF THE DEPARTMENT ENTERS INTO
AN AGREEMENT WITH A THIRD PARTY
, THE DEPARTMENT SHALL ENSURE
THAT BOTH THE DEPARTMENT AND THE THIRD PARTY COMPLY WITH ALL
STATE AND FEDERAL LAWS AND REGULATIONS CONCERNING THE PRIVACY OF
STUDENT INFORMATION
, INCLUDING THE FEDERAL "FAMILY EDUCATIONAL
RIGHTS AND PRIVACY ACT OF 1974", 20 U.S.C. SEC. 1232g, AS AMENDED.
(3) (a) T
HE DEPARTMENT SHALL WORK WITH AN INSTITUTION TO
INCLUDE INFORMATION ON AN INTERFACE THAT IS INTERNAL TO THAT
INSTITUTION
. INFORMATION AVAILABLE ON AN INSTITUTION INTERFACE MAY
PROVIDE 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
.
(b) I
F AN INSTITUTION MAINTAINS OR INTENDS TO CREATE ITS OWN
DATA SYSTEM THAT ALIGNS WITH THE GOALS OF THE STATEWIDE DATA
PAGE 5-HOUSE BILL 22-1349 SYSTEM AND THE DEPARTMENT DETERMI NES THAT THERE IS SUFFICIENT
ALIGNMENT
, THE DEPARTMENT MAY , WITH THE APPROVAL OF THE
COMMISSION
, ALLOCATE MONEY TO THE INSTITUTION FOR THE CREATION ,
IMPROVEMENT, OR MAINTENANCE OF THE INSTITUTION 'S DATA SYSTEM
INSTEAD OF CREATING AN INTERFACE THAT IS INTERNAL TO THAT
INSTITUTION
. THE DEPARTMENT SHALL NOT ALLOCATE TO THE INSTITUTION
AN AMOUNT GREATER THAN THE COST TO THE DEPARTMENT FOR CREATING
AN INTERFACE THAT IS INTERNAL TO THE INSTITUTION
. AN INSTITUTION
THAT RECEIVES AN ALLOCATION IS NOT EXEMPT FROM THE REQUIREMENT TO
REPORT STUDENT EDUCATIONAL SUCCESS INFORMATION TO THE
DEPARTMENT PURSUANT TO SUBSECTION
(2)(b)(II) OF THIS SECTION.
(4) T
HE PUBLIC INTERFACE OF THE DATA SYSTEM INCLUDES STUDENT
SUCCESS INFORMATION THAT IS ALIGNED WITH THE STUDENT SUCCESS
MEASURES DEVELOPED PURSUANT TO SECTION
23-1-140. THE COMMISSION
SHALL DETERMINE THE SPECIFIC STUDENT SUCCESS INFORMATION THAT
MUST BE INCLUDED IN THE PUBLIC INTERFACE
, INCLUDING DETERMINING
HOW THE INFORMATION IS DISAGGREGATED BY STUDENT POPULATIONS
,
INCLUDING POPULATIONS IDENTIFIED BY RACE , ETHNICITY, GENDER,
FIRST-GENERATION STATUS, DISABILITY, AND SOCIOECONOMIC FACTORS .
T
HE PUBLIC INTERFACE MUST ALLOW A USER TO CONDUCT AN INTERACTIVE
SEARCH TO VIEW AND COMPARE STUDENT SUCCESS INFORMATION FOR
SPECIFIC INSTITUTIONS AND CREDENTIAL PROGRAMS SO THAT THE USER MAY
MAKE INFORMED DECISIONS REGARDING THE ECONOMIC OPPORTUNITY AND
TRADEOFFS OF VARIOUS EDUCATIONAL AND CAREER TRAINING OPTIONS
. THE
DEPARTMENT SHALL UPDATE THE DATA IN THE PUBLIC INTERFACE AS
FREQUENTLY AS PRACTICABLE
, BUT AT LEAST ANNUALLY, TO ENSURE THAT
COLORADO STUDENTS AND THE PUBLIC HAVE THE MOST RELEVANT AND
CURRENT INFORMATION AVAILABLE
.
(5) (a) T
HE COMMISSION SHALL, IN COLLABORATION WITH THE
OFFICE IN THE DEPARTMENT THAT IS RESPONSIBLE FOR DEVELOPING POLICY
TO REMOVE EQUITY GAPS IN POSTSECONDARY EDUCATION IN
COLORADO,
USE THE DATA INCLUDED IN THE INSTITUTION AND STATEWIDE DATA SYSTEM
TO EXAMINE EDUCATIONAL AND WORKFORCE SUCCESS DISPARITIES AMONG
VARIOUS STUDENT POPULATIONS
, INCLUDING POPULATIONS IDENTIFIED BY
RACE
, ETHNICITY, GENDER, FIRST-GENERATION STATUS, DISABILITY, AGE,
AND SOCIOECONOMIC FACTORS .
(b) I
N ORDER TO FURTHER THE GOAL OF USING DATA TO IMPROVE
PAGE 6-HOUSE BILL 22-1349 INSTITUTIONAL DECISION-MAKING AND BEST PRACTICES, THE COMMISSION
SHALL FACILITATE INFORMATION SHARING AMONG INSTITUTIONS ABOUT
PRACTICES IMPLEMENTED BY AN INSTITUTION BASED ON DATA LEARNED
FROM THE DATA SYSTEM
.
(6) (a) I
N ORDER TO FACILITATE THE COLLECTION OF STUDENT
SUCCESS DATA AND INFORMATION FROM INSTITUTIONS OF HIGHER
EDUCATION
, THE DEPARTMENT SHALL UPDATE AND MODERNIZE ITS DATA
COLLECTION SYSTEMS
, INCLUDING ITS STUDENT-UNIT RECORD DATA SYSTEM.
(b) T
HE DEPARTMENT, IN COLLECTING DATA FROM INSTITUTIONS ,
MAY USE, WHEN POSSIBLE, OPEN-SOURCE DATA TRANSPARENCY LANGUAGES
THAT UTILIZE OPEN
, INTEROPERABLE DATA FORMATS .
(7) O
N OR BEFORE JANUARY 15, 2023, AND ON OR BEFORE JANUARY
15, 2024, THE COMMISSION SHALL SUBMIT A REPORT TO THE HOUSE OF
REPRESENTATIVES EDUCATION COMMITTEE AND SENATE EDUCATION
COMMITTEE ON THE WORK REQUIRED AND ANY BARRIERS IDENTIFIED
,
INCLUDING RECOMMENDATIONS FOR LEGISLATIVE CHANGES NECESSARY , TO
DELIVER A STATEWIDE LONGITUDINAL DATA SYSTEM THAT CONNECTS
K-12,
POSTSECONDARY EDUCATION , AND WORKFORCE INFORMATION .
(8) (a) F
OR THE 2022-23 STATE FISCAL YEAR, THE GENERAL
ASSEMBLY SHALL APPROPRIATE THREE MILLION DOLLARS FROM THE
WORKERS
, EMPLOYERS, AND WORKFORCE CENTERS CASH FUND CREATED IN
SECTION
24-75-231 TO THE DEPARTMENT FOR THE PURPOSES OF THIS
SECTION
. THE MONEY APPROPRIATED PURSUANT TO THIS SUBSECTION (8)
MUST BE FROM THE MONEY IN THE WORKERS , EMPLOYERS, AND WORKFORCE
CENTERS CASH FUND THAT ORIGINATED FROM THE GENERAL FUND
. ANY
UNEXPENDED OR UNENCUMBERED MONEY APPROPRIATED PURSUANT TO THIS
SECTION REMAINS AVAILABLE FOR EXPENDITURE FOR THE SAME PURPOSE IN
THE
2023-24 STATE FISCAL YEAR WITHOUT FURTHER APPROPRIATION .
(b) T
HIS SUBSECTION (8) IS REPEALED, EFFECTIVE DECEMBER 31,
2024.
SECTION 4. Appropriation. For the 2022-23 state fiscal year,
$3,000,000 is appropriated to the department of higher education. This
appropriation is from the workers, employers, and workforce centers cash
fund created in section 24-75-231 (2)(a), C.R.S., is of money that originates
PAGE 7-HOUSE BILL 22-1349 from the general fund, and is based on an assumption that the department
will require an additional 1.0 FTE in the FY 2022-23 and FY 2023-24 state
fiscal years. To implement this act, the department may use this
appropriation for the student success data system. Any money appropriated
in this section not expended prior to July 1, 2023 is available for
expenditure in the 2023-24 state fiscal year for the same purpose.
SECTION 5. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
PAGE 8-HOUSE BILL 22-1349 unless approved by the people at the general election to be held in
November 2022 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________ ____________________________
Alec Garnett Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 9-HOUSE BILL 22-1349