First Regular Session Seventy-fourth General Assembly STATE OF COLORADO REVISED This Version Includes All Amendments Adopted on Second Reading in the Second House LLS NO. 23-0714.01 Amber Paoloemilio x5497 SENATE BILL 23-086 Senate Committees House Committees Education Education Appropriations Appropriations A BILL FOR AN ACT C ONCERNING STUDENT LEADERS INSTITUTE MODERNIZATION , AND, IN 101 CONNECTION THEREWITH , MAKING AND REDUCING AN102 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 continues the Colorado student leaders institute program and changes responsibility for the program from the department of higher education to the department of education. The change shifts oversight of the program from a governor-appointed executive board to the state board of education. HOUSE 2nd Reading Unamended April 14, 2023 SENATE 3rd Reading Unamended February 22, 2023 SENATE Amended 2nd Reading February 21, 2023 SENATE SPONSORSHIP Hansen, Bridges, Kolker, Marchman, Moreno, Rodriguez, Winter F. HOUSE SPONSORSHIP Hamrick and Soper, Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. In Colorado Revised Statutes, add with amended2 and relocated provisions article 106 to title 22 as follows:3 22-106-101. [Formerly 23-77-101] Legislative declaration.4 (1) The general assembly finds that:5 (a) The state is committed to increasing the number of students6 who graduate from a Colorado high school, enroll in a Colorado7 institution of higher education, and graduate with a postsecondary8 credential in two to four academic years;9 (b) Several states have implemented a summer residential10 education program for high school students who demonstrate exceptional11 intellectual curiosity, creativity, and maturity. While participating in the12 summer program, students attend classes, lectures, seminars, concerts, art13 exhibits, theatrical performances, and films and have the opportunity to14 learn independently and from distinguished faculty, staff members, and15 guest lecturers.16 (c) The summer residential education programs implemented in17 other states have:18 (I) Successfully developed a civic voice among the states' best19 students so that they graduate from high school as civic participants;20 (II) Prepared motivated students to participate in a competitive21 workforce;22 (III) Helped to create young leaders who are energized to find23 solutions for the pressing issues facing their states; and24 (IV) Motivated students to remain in their home states for their25 postsecondary education and careers; and26 086-2- (d) A high percentage of the students who have participated in the1 summer residential education programs have subsequently enrolled in2 postsecondary education in their home states and earned a baccalaureate3 degree in four years.4 (2) The general assembly finds, therefore, that it is in the best5 interests of the state to establish CONTINUE the Colorado student leaders6 institute as a pilot program using the model of summer residential7 education programs implemented in other states and to appropriate state8 money to ensure the successful operations of the institute for the benefit9 of Colorado high school students.10 (3) The general assembly further finds that, for purposes of11 section 17 of article IX of the state constitution, the Colorado student12 leaders institute is an accountable program that assists students in meeting13 state academic standards and may therefore receive funding from the state14 education fund created in section 17 (4) of article IX of the state15 constitution.16 22-106-102. [Formerly 23-77-102] Definitions. As used in this17 article 77 ARTICLE 106, unless the context otherwise requires:18 (1) "Executive board" means the executive board of the Colorado19 student leaders institute established pursuant to section 23-77-104.20 (2) (1) "Host institution" means the institution of higher21 education that the department of higher education contracts with on22 behalf of the executive STATE board OF EDUCATION pursuant to section23 23-77-104 SECTION 22-106-104 to operate the institute.24 (3) (2) "Institute" means the Colorado student leaders institute25 created in section 23-77-103 SECTION 22-106-103.26 22-106-103. [Formerly 23-77-103] Colorado student leaders27 086 -3- institute - applications. (1) There is created in the department of higher1 education the Colorado student leaders institute. The year-long institute2 shall operate a competitive residential summer academic program for3 students who are entering tenth or eleventh grade in the coming fall4 semester. The program operated by the institute must be for four weeks5 each summer during which time students who are accepted to the institute6 attend college-level classes, lectures, and seminars as well as enrichment7 activities, including concerts and theatrical productions. Each student who8 is accepted to the institute is encouraged to donate up to four hundred9 dollars to the institute to assist in meeting operational costs. Subject to10 available appropriations, up to one hundred students may annually11 participate in the institute.12 (2) (a) The institute shall annually offer classes in at least the13 following two areas:14 (I) Science, technology, engineering, arts, and mathematics; and15 (II) International social studies.16 (b) The institute shall annually provide enrichment activities for17 students who participate in the institute, which must include but need not18 be limited to activities relating to visual expression and music19 appreciation.20 (c) In addition to participating in classes and enrichment activities,21 students who participate in the institute must:22 (I) Complete a history research project for a competition held23 during the term of the institute; and24 (II) Complete a public service practicum that includes a final25 report of findings and recommendations to the general assembly for26 legislative action.27 086 -4- (3) (a) (I) To apply to participate in the institute:1 (A) A student who is enrolled in a public school that is not a2 charter school must be nominated by the superintendent of the school3 district in which the student is enrolled; and4 (B) A student who is enrolled in a charter school or in a private5 school must be nominated by the principal of the school.6 (II) A student who is participating in a nonpublic home-based7 educational program, as described in section 22-33-104.5, may apply8 without having been nominated.9 (b) To apply to participate in the institute, a student must submit10 an application to the executive board HOST INSTITUTION that is in the form11 and meets the requirements established by the host institution. If the12 applying student is enrolled in a public school, the student must submit13 a copy of his or her THE STUDENT'S individual career and academic plan,14 as described in section 22-2-136, with the application.15 (4) The host institution shall award three hours of postsecondary16 academic credit to each student who successfully completes the institute.17 The school district or high school in which each student is enrolled is18 encouraged to apply the academic credit hours that a student receives for19 completing the institute toward academic credit hours earned in civics, to20 apply toward the completion of the student's high school graduation21 requirements.22 22-106-104. [Formerly 23-77-104] Colorado student leaders23 institute - state board of education - duties. (1) An executive board24 appointed pursuant to subsection (2) of this section shall oversee the25 operations of the institute, including contracting through the department26 of higher education with the host institution and annually selecting27 086 -5- students to participate in the institute.1 (2) (a) The executive board consists of eleven members as2 follows:3 (I) The governor, with the consent of the senate, shall appoint4 eight persons to serve as members of the executive board as follows:5 (A) Two persons who are employed as educators in high schools6 in Colorado, one of whom is employed in a rural school district;7 (B) Two persons who are employed as teaching faculty or8 administrators in an institution of higher education in Colorado; and9 (C) Four persons from the community who have interest or10 experience in education; and11 (II) The commissioner of education or his or her designee, the12 executive director of the department of higher education or his or her13 designee, and the chief executive officer of the host institution or his or14 her designee shall serve as members of the executive board.15 (b) The appointed members of the executive board serve two-year16 terms; except that the terms shall be staggered so that no more than four17 members' terms expire in the same year. Members may be appointed to18 successive two-year terms. The appointed members of the executive19 board serve at the pleasure of the governor. If a vacancy arises on the20 executive board, the governor shall appoint a person to fill the vacancy21 for the remainder of the term.22 (c) The members of the executive board serve without23 compensation and without reimbursement for expenses.24 (d) In making appointments, the governor shall attempt to appoint25 persons who are representative of the gender and racial diversity within26 the state and who represent areas throughout the state.27 086 -6- (e) Repealed.1 (3) (1) The executive STATE board OF EDUCATION WHEN2 OPERATING THE STUDENT LEADERS INSTITUTE has the following duties and3 powers:4 (a) The executive board shall Oversee and direct the operations of5 the institute; including reviewing the student applications received,6 annually selecting students to participate in the institute, and annually7 selecting the faculty and courses for the institute, taking into account the8 recommendations of the host institution. In reviewing applications and9 selecting students to participate in the institute, the executive board shall10 ensure that:11 (I) At least fifty percent of the students selected to attend the12 institute each year:13 (A) Are eligible for free or reduced-price lunch pursuant to the14 federal "Richard B. Russell National School Lunch Act", 42 U.S.C. sec.15 1751 et seq.; or16 (B) Would be the first generation in their immediate families to17 attend an institution of higher education;18 (II) The students who are selected reside in areas throughout the19 state; are representative of the gender, ethnic, racial, and socioeconomic20 diversity of the state; and are representative of the educational program21 options available throughout the state; and22 (III) The students who are selected demonstrate, through their23 individual career and academic plans for students enrolled in public24 schools, a commitment to continuing in postsecondary education after25 high school graduation.26 (b) (I) The department of higher education, on behalf of the27 086 -7- executive STATE board OF EDUCATION, shall issue a request for proposals1 for a public or private institution of higher education to host the institute.2 The department working with the executive board, shall select and enter3 into a contract on behalf of the executive board and the institute with the4 public or private institution of higher education in accordance with the5 applicable provisions of the "Procurement Code", articles 101 to 112 of6 title 24 FOLLOW THE APPLICABLE PROVISIONS OF THE "PROCUREMENT7 C ODE", ARTICLES 101 TO 112 OF TITLE 24, TO CHOOSE A HIGHER8 EDUCATION INSTITUTION TO HOST THE INSTITUTE . The department may9 enter into a multi-year contract with a public or private institution of10 higher education, subject to annual review and renewal.11 (II) The contract to host the institute must require the host12 institution, at a minimum, to provide the following services in managing13 the institute:14 (A) Establish requirements for and create the form of the15 applications that students submit to participate in the institute and16 establish the timelines for submitting applications and selecting17 participants;18 (B) Review applications received from students and recommend 19 participants to the executive board; AND ANNUALLY SELECT STUDENTS TO20 PARTICIPATE IN THE INSTITUTE . IN REVIEWING APPLICATIONS AND21 SELECTING STUDENTS TO PARTICIPATE IN THE INSTITUTE , THE HOST22 INSTITUTION MUST ENSURE THAT AT LEAST FIFTY PERCENT OF THE23 STUDENTS SELECTED TO ATTEND THE INSTITUTE EACH YEAR ARE ELIGIBLE24 FOR FREE OR REDUCED -PRICE LUNCH PURSUANT TO THE FEDERAL25 "R ICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT", 42 U.S.C. SEC.26 1751 ET SEQ., OR WOULD BE THE FIRST IN THEIR IMMEDIATE FAMILIES TO27 086 -8- ATTEND AN INSTITUTION OF HIGHER EDUCATION ; THAT THE STUDENTS1 WHO ARE SELECTED RESIDE IN AREAS THROUGHOUT THE STATE AND2 REPRESENT GENDER, ETHNIC, RACIAL, AND SOCIOECONOMIC DIVERSITY OF3 THE STATE; THAT THE STUDENTS REPRESENT THE EDUCATIONAL PROGRAM4 OPTIONS AVAILABLE THROUGHOUT THE STATE ; AND THAT THE STUDENTS5 DEMONSTRATE THROUGH THEIR INDIVIDUAL CAREER AND ACADEMIC6 PLANS A COMMITMENT TO CONTINUING POSTSECONDARY EDUCATION7 AFTER HIGH SCHOOL GRADUATION .8 (C) Annually solicit educators to participate as faculty for the9 institute and annually recommend to the executive board SELECT faculty10 and courses for the institute;11 (D) Provide space for classes, lectures, and seminars; and12 (E) Provide living and eating facilities for students who13 participate in the institute; AND14 (F) C OLLECT ANY NECESSARY DATA FOR THE REPORT AND15 COMPILE IT AS REQUIRED UNDER SUBSECTION (1)(d) OF THIS SECTION.16 (c) The executive STATE board OF EDUCATION may appoint an17 advisory board consisting of persons in the community who are18 supportive of education to assist the executive STATE board OF19 EDUCATION AND HOST INSTITUTION in marketing the institute and20 soliciting public and private gifts, grants, and donations for the institute.21 Any persons appointed to an advisory board pursuant to this subsection22 (3)(c) SUBSECTION (1)(c) serve without compensation and without23 reimbursement for expenses.24 (d) Beginning in the 2017 regular legislative session 2024, the25 executive board HOST INSTITUTION shall annually report to THE STATE26 BOARD AND the education committees of the house of representatives and27 086 -9- the senate, or any successor committees, the executive board's HOST1 INSTITUTION'S progress and success in implementing the institute. The2 executive board HOST INSTITUTION must, at a minimum, report the success3 of the institute as measured by the enrollment and progress of institute4 alumni in postsecondary educational programs.5 22-106-105. [Formerly 23-77-105] Colorado student leaders6 institute - funding - cash fund created - repeal. (1) (a) The general7 assembly shall annually appropriate money to the department of higher8 education for the institute to pay the direct and indirect costs that the9 executive STATE board OF EDUCATION incurs in operating the institute,10 including costs relating to the host institution and stipends for the institute11 faculty members.12 (b) I F THE DEPARTMENT OF EDUCATION DOES NOT SPEND THE 13 TOTAL AMOUNT APPROPRIATED PURSUANT TO THIS SUBSECTION (1) BY THE14 END OF THE FISCAL YEAR FOR WHICH IT IS APPROPRIATED , ANY AMOUNT15 NOT EXPENDED UP TO FIFTY PERCENT OF THE TOTAL AMOUNT16 APPROPRIATED IS FURTHER APPROPRIATED TO THE DEPARTMENT FOR THE17 SUBSEQUENT STATE FISCAL YEAR FOR THE SAME PURPOSE .18 (2) (a) In addition to the amount appropriated pursuant to19 subsection (1) of this section, the executive STATE board OF EDUCATION20 with the assistance of an advisory board if appointed, may solicit, accept,21 and expend public or private gifts, grants, or donations to implement the22 institute. The executive STATE board OF EDUCATION shall transmit any23 money that it receives pursuant to this subsection (2)(a) and any money24 it receives from participating students to the state treasurer. The state25 treasurer shall deposit the money in the Colorado student leaders institute26 cash fund, referred to in this section as the "cash fund", which is created27 086 -10- in the state treasury. Annual operation of the institute is conditional upon1 receiving at least forty thousand dollars in gifts, grants, or donations by2 June 1 of each year.3 (b) The money in the cash fund is continuously appropriated to the4 executive STATE board OF EDUCATION for the direct and indirect costs5 incurred in implementing the institute. The state treasurer may invest as6 provided by law any money in the cash fund that is not expended for the7 purposes of this article 77 ARTICLE 106. The state treasurer shall credit to8 the cash fund all interest and income derived from the investment and9 deposit of money in the cash fund. Any unexpended and unencumbered10 money remaining in the cash fund at the end of a fiscal year must remain11 REMAINS in the cash fund and shall IS not be credited to another fund.12 except that the state treasurer shall credit any unexpended and13 unencumbered money remaining in the fund as of June 30, 2024, to the14 state education fund created in section 17 (4) of article IX of the state15 constitution.16 (3) (a) A NY MONEY APPROPRIATED TO THE DEPARTMENT OF 17 HIGHER EDUCATION FOR STATE FISCAL YEAR 2022-23 THAT IS NOT18 EXPENDED BEFORE JULY 1, 2023, IS FURTHER APPROPRIATED TO THE19 DEPARTMENT OF HIGHER EDUCATION FOR STATE FISCAL YEAR 2023-24 FOR20 THE SAME PURPOSE.21 (b) T HIS SUBSECTION (3) IS REPEALED, EFFECTIVE JULY 1, 2024. 22 SECTION 2. Repeal of relocated and nonrelocated provisions23 in this act. In Colorado Revised Statutes, repeal article 77 of title 23;24 except that 23-77-106 is not relocated.25 SECTION 3. Transfer of appropriation. Any appropriation26 made in the annual general appropriation act for the 2023-24 state fiscal27 086 -11- year to the department of higher education for the Colorado student1 leaders institute is hereby transferred to the department of education to2 implement this act.3 SECTION 4. Appropriation. For the 2023-24 state fiscal year,4 $8,184 is appropriated to the department of education. This appropriation5 is from the general fund and is based on an assumption that the6 department will require an additional 0.1 FTE. To implement this act, the7 department may use this appropriation for the Colorado student leaders8 institute.9 SECTION 5. Effective date. This act takes effect July 1, 2023;10 except that section 22-106-105 (3), Colorado Revised Statutes, enacted11 in section 1 of this act, takes effect June 30, 2023.12 SECTION 6. Safety clause. The general assembly hereby finds,13 determines, and declares that this act is necessary for the immediate14 preservation of the public peace, health, or safety.15 086 -12-