Colorado 2023 2023 Regular Session

Colorado Senate Bill SB086 Enrolled / Bill

Filed 04/19/2023

                    SENATE BILL 23-086
BY SENATOR(S) Hansen, Bridges, Kolker, Marchman, Moreno, Rodriguez,
Winter F.;
also REPRESENTATIVE(S) Hamrick and Soper, Amabile, Bacon, Bird, Brown,
English, Froelich, Jodeh, Lieder, Lindsay, Lukens, McLachlan, Michaelson Jenet,
Ortiz, Ricks, Sharbini, Story, Titone, Velasco, Woodrow, Young, McCluskie
.
C
ONCERNING STUDENT LEADERS INSTITUTE MODERNIZATION , AND, IN
CONNECTION THEREWITH
, MAKING AND REDUCING AN
APPROPRIATION
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add with amended
and relocated provisions article 106 to title 22 as follows:
22-106-101. [Formerly 23-77-101] Legislative declaration.
(1)  The general assembly finds that:
(a)  The state is committed to increasing the number of students who
graduate from a Colorado high school, enroll in a Colorado institution of
higher education, and graduate with a postsecondary credential in two to
four academic years;
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)  Several states have implemented a summer residential education
program for high school students who demonstrate exceptional intellectual
curiosity, creativity, and maturity. While participating in the summer
program, students attend classes, lectures, seminars, concerts, art exhibits,
theatrical performances, and films and have the opportunity to learn
independently and from distinguished faculty, staff members, and guest
lecturers.
(c)  The summer residential education programs implemented in
other states have:
(I)  Successfully developed a civic voice among the states' best
students so that they graduate from high school as civic participants;
(II)  Prepared motivated students to participate in a competitive
workforce;
(III)  Helped to create young leaders who are energized to find
solutions for the pressing issues facing their states; and
(IV)  Motivated students to remain in their home states for their
postsecondary education and careers; and
(d)  A high percentage of the students who have participated in the
summer residential education programs have subsequently enrolled in
postsecondary education in their home states and earned a baccalaureate
degree in four years.
(2)  The general assembly finds, therefore, that it is in the best
interests of the state to establish
 CONTINUE the Colorado student leaders
institute as a pilot program using the model of summer residential education
programs implemented in other states and to appropriate state money to
ensure the successful operations of the institute for the benefit of Colorado
high school students.
(3)  The general assembly further finds that, for purposes of section
17 of article IX of the state constitution, the Colorado student leaders
institute is an accountable program that assists students in meeting state
academic standards and may therefore receive funding from the state
PAGE 2-SENATE BILL 23-086 education fund created in section 17 (4) of article IX of the state
constitution.
22-106-102. [Formerly 23-77-102] Definitions. As used in this
article 77 ARTICLE 106, unless the context otherwise requires:
(1)  "Executive board" means the executive board of the Colorado
student leaders institute established pursuant to section 23-77-104.
 (2) (1)  "Host institution" means the institution of higher education
that the department of higher education contracts with on behalf of the
executive STATE board OF EDUCATION pursuant to section 23-77-104
SECTION 22-106-104 to operate the institute.
(3) (2)  "Institute" means the Colorado student leaders institute
created in section 23-77-103 SECTION 22-106-103.
22-106-103. [Formerly 23-77-103] Colorado student leaders
institute - applications. (1)  There is created in the department of higher
education the Colorado student leaders institute. The year-long institute
shall operate a competitive residential summer academic program for
students who are entering tenth or eleventh grade in the coming fall
semester. The program operated by the institute must be for four weeks
each summer during which time students who are accepted to the institute
attend college-level classes, lectures, and seminars as well as enrichment
activities, including concerts and theatrical productions. Each student who
is accepted to the institute is encouraged to donate up to four hundred
dollars to the institute to assist in meeting operational costs. Subject to
available appropriations, up to one hundred students may annually
participate in the institute.
(2) (a)  The institute shall annually offer classes in at least the
following two areas:
(I)  Science, technology, engineering, arts, and mathematics; and
(II)  International social studies.
(b)  The institute shall annually provide enrichment activities for
students who participate in the institute, which must include but need not
PAGE 3-SENATE BILL 23-086 be limited to activities relating to visual expression and music appreciation.
(c)  In addition to participating in classes and enrichment activities,
students who participate in the institute must:
(I)  Complete a history research project for a competition held during
the term of the institute; and
(II)  Complete a public service practicum that includes a final report
of findings and recommendations to the general assembly for legislative
action.
(3) (a) (I)  To apply to participate in the institute:
(A)  A student who is enrolled in a public school that is not a charter
school must be nominated by the superintendent of the school district in
which the student is enrolled; and
(B)  A student who is enrolled in a charter school or in a private
school must be nominated by the principal of the school.
(II)  A student who is participating in a nonpublic home-based
educational program, as described in section 22-33-104.5, may apply
without having been nominated.
(b)  To apply to participate in the institute, a student must submit an
application to the executive board
 HOST INSTITUTION that is in the form and
meets the requirements established by the host institution. If the applying
student is enrolled in a public school, the student must submit a copy of his
or her THE STUDENT'S individual career and academic plan, as described in
section 22-2-136, with the application.
(4)  The host institution shall award three hours of postsecondary
academic credit to each student who successfully completes the institute.
The school district or high school in which each student is enrolled is
encouraged to apply the academic credit hours that a student receives for
completing the institute toward academic credit hours earned in civics, to
apply toward the completion of the student's high school graduation
requirements.
PAGE 4-SENATE BILL 23-086 22-106-104. [Formerly 23-77-104] Colorado student leaders
institute - state board of education - duties. (1)  An executive board
appointed pursuant to subsection (2) of this section shall oversee the
operations of the institute, including contracting through the department of
higher education with the host institution and annually selecting students to
participate in the institute.
(2) (a)  The executive board consists of eleven members as follows:
(I)  The governor, with the consent of the senate, shall appoint eight
persons to serve as members of the executive board as follows:
(A)  Two persons who are employed as educators in high schools in
Colorado, one of whom is employed in a rural school district;
(B)  Two persons who are employed as teaching faculty or
administrators in an institution of higher education in Colorado; and
(C)  Four persons from the community who have interest or
experience in education; and
(II)  The commissioner of education or his or her designee, the
executive director of the department of higher education or his or her
designee, and the chief executive officer of the host institution or his or her
designee shall serve as members of the executive board.
(b)  The appointed members of the executive board serve two-year
terms; except that the terms shall be staggered so that no more than four
members' terms expire in the same year. Members may be appointed to
successive two-year terms. The appointed members of the executive board
serve at the pleasure of the governor. If a vacancy arises on the executive
board, the governor shall appoint a person to fill the vacancy for the
remainder of the term.
(c)  The members of the executive board serve without compensation
and without reimbursement for expenses.
(d)  In making appointments, the governor shall attempt to appoint
persons who are representative of the gender and racial diversity within the
state and who represent areas throughout the state.
PAGE 5-SENATE BILL 23-086 (e)  Repealed.
(3) (1)  The executive STATE board OF EDUCATION WHEN OPERATING
THE STUDENT LEADERS INSTITUTE
 has the following duties and powers:
(a)  The executive board shall
 Oversee and direct the operations of
the institute; including reviewing the student applications received, annually
selecting students to participate in the institute, and annually selecting the
faculty and courses for the institute, taking into account the
recommendations of the host institution. In reviewing applications and
selecting students to participate in the institute, the executive board shall
ensure that:
(I)  At least fifty percent of the students selected to attend the
institute each year:
(A)  Are eligible for free or reduced-price lunch pursuant to the
federal "Richard B. Russell National School Lunch Act", 42 U.S.C. sec.
1751 et seq.; or
(B)  Would be the first generation in their immediate families to
attend an institution of higher education;
(II)  The students who are selected reside in areas throughout the
state; are representative of the gender, ethnic, racial, and socioeconomic
diversity of the state; and are representative of the educational program
options available throughout the state; and
(III)  The students who are selected demonstrate, through their
individual career and academic plans for students enrolled in public schools,
a commitment to continuing in postsecondary education after high school
graduation.
(b) (I)  The department of higher education, on behalf of the
executive STATE board OF EDUCATION, shall issue a request for proposals
for a public or private institution of higher education to host the institute.
The department working with the executive board, shall select and enter
into a contract on behalf of the executive board and the institute with the
public or private institution of higher education in accordance with the
applicable provisions of the "Procurement Code", articles 101 to 112 of title
PAGE 6-SENATE BILL 23-086 24 FOLLOW THE APPLICABLE PROVISIONS OF THE "PROCUREMENT CODE",
ARTICLES 101 TO 112 OF TITLE 24, TO CHOOSE A HIGHER EDUCATION
INSTITUTION TO HOST THE INSTITUTE
. The department may enter into a
multi-year contract with a public or private institution of higher education,
subject to annual review and renewal.
(II)  The contract to host the institute must require the host
institution, at a minimum, to provide the following services in managing the
institute:
(A)  Establish requirements for and create the form of the
applications that students submit to participate in the institute and establish
the timelines for submitting applications and selecting participants;
(B)  Review applications received from students and recommend
participants to the executive board; AND ANNUALLY SELECT STUDENTS TO
PARTICIPATE IN THE INSTITUTE
. IN REVIEWING APPLICATIONS AND SELECTING
STUDENTS TO PARTICIPATE IN THE INSTITUTE
, THE HOST INSTITUTION MUST
ENSURE THAT AT LEAST FIFTY PERCENT OF THE STUDENTS SELECTED TO
ATTEND THE INSTITUTE EACH YEAR ARE ELIGIBLE FOR FREE OR
REDUCED
-PRICE LUNCH PURSUANT TO THE FEDERAL "RICHARD B. RUSSELL
NATIONAL SCHOOL LUNCH ACT", 42 U.S.C. SEC. 1751 ET SEQ., OR WOULD
BE THE FIRST IN THEIR IMMEDIATE FAMILIES TO ATTEND AN INSTITUTION OF
HIGHER EDUCATION
; THAT THE STUDENTS WHO ARE SELECTED RESIDE IN
AREAS THROUGHOUT THE STATE AND REPRESENT GENDER
, ETHNIC, RACIAL,
AND SOCIOECONOMIC DIVERSITY OF THE STATE ; THAT THE STUDENTS
REPRESENT THE EDUCATIONAL PROGRAM OPTIONS AVAILABLE THROUGHOUT
THE STATE
; AND THAT THE STUDENTS DEMONSTRATE THROUGH THEIR
INDIVIDUAL CAREER AND ACADEMIC PLANS A COMMITMENT TO CONTINUING
POSTSECONDARY EDUCATION AFTER HIGH SCHOOL GRADUATION
.
(C)  Annually solicit educators to participate as faculty for the
institute and annually recommend to the executive board
 SELECT faculty and
courses for the institute;
(D)  Provide space for classes, lectures, and seminars; and
(E)  Provide living and eating facilities for students who participate
in the institute; 
AND
PAGE 7-SENATE BILL 23-086 (F)  COLLECT ANY NECESSARY DATA FOR THE REPORT AND COMPILE
IT AS REQUIRED UNDER SUBSECTION
 (1)(d) OF THIS SECTION.
(c)  The executive
 STATE board OF EDUCATION may appoint an
advisory board consisting of persons in the community who are supportive
of education to assist the executive
 STATE board OF EDUCATION AND HOST
INSTITUTION
 in marketing the institute and soliciting public and private
gifts, grants, and donations for the institute. Any persons appointed to an
advisory board pursuant to this subsection (3)(c)
 SUBSECTION (1)(c) serve
without compensation and without reimbursement for expenses.
(d)  Beginning in the 2017 regular legislative session 2024, the
executive board HOST INSTITUTION shall annually report to THE STATE
BOARD AND
 the education committees of the house of representatives and
the senate, or any successor committees, the executive board's
 HOST
INSTITUTION
'S progress and success in implementing the institute. The
executive board
 HOST INSTITUTION must, at a minimum, report the success
of the institute as measured by the enrollment and progress of institute
alumni in postsecondary educational programs.
22-106-105. [Formerly 23-77-105] Colorado student leaders
institute - funding - cash fund created - repeal. (1) (a)  The general
assembly shall annually appropriate money to the department of higher
education for the institute to pay the direct and indirect costs that the	executive
 STATE board OF EDUCATION incurs in operating the institute,
including costs relating to the host institution and stipends for the institute
faculty members.
(b)  I
F THE DEPARTMENT OF EDUCATION DOES NOT SPEND THE TOTAL
AMOUNT APPROPRIATED PURSUANT TO THIS SUBSECTION 
(1) BY THE END OF
THE FISCAL YEAR FOR WHICH IT IS APPROPRIATED
, ANY AMOUNT NOT
EXPENDED
 UP TO FIFTY PERCENT OF THE TOTAL AMOUNT APPROPRIATED IS
FURTHER APPROPRIATED TO THE DEPARTMENT FOR THE SUBSEQUENT STATE
FISCAL YEAR FOR THE SAME PURPOSE
.
(2) (a)  In addition to the amount appropriated pursuant to subsection
(1) of this section, the executive
 STATE board OF EDUCATION with the
assistance of an advisory board if appointed, may solicit, accept, and expend
public or private gifts, grants, or donations to implement the institute. The
executive
 STATE board OF EDUCATION shall transmit any money that it
PAGE 8-SENATE BILL 23-086 receives pursuant to this subsection (2)(a) and any money it receives from
participating students to the state treasurer. The state treasurer shall deposit
the money in the Colorado student leaders institute cash fund, referred to in
this section as the "cash fund", which is created in the state treasury. Annual
operation of the institute is conditional upon receiving at least forty
thousand dollars in gifts, grants, or donations by June 1 of each year.
(b)  The money in the cash fund is continuously appropriated to the
executive
 STATE board OF EDUCATION for the direct and indirect costs
incurred in implementing the institute. The state treasurer may invest as
provided by law any money in the cash fund that is not expended for the
purposes of this article 77
 ARTICLE 106. The state treasurer shall credit to
the cash fund all interest and income derived from the investment and
deposit of money in the cash fund. Any unexpended and unencumbered
money remaining in the cash fund at the end of a fiscal year must remain
REMAINS in the cash fund and shall IS not be credited to another fund.
except that the state treasurer shall credit any unexpended and
unencumbered money remaining in the fund as of June 30, 2024, to the state
education fund created in section 17 (4) of article IX of the state
constitution.
(3) (a)  ANY MONEY APPROPRIATED TO THE DEPARTMENT OF HIGHER
EDUCATION FOR STATE FISCAL YEAR 
2022-23 THAT IS NOT EXPENDED
BEFORE 
JULY 1, 2023, IS FURTHER APPROPRIATED TO THE DEPARTMENT OF
HIGHER EDUCATION FOR STATE FISCAL YEAR 
2023-24 FOR THE SAME
PURPOSE
.
(b)  T
HIS SUBSECTION (3) IS REPEALED, EFFECTIVE JULY 1, 2024.
SECTION 2.  Repeal of relocated and nonrelocated provisions
in this act. In Colorado Revised Statutes, repeal article 77 of title 23;
except that 23-77-106 is not relocated.
SECTION 3.  Transfer of appropriation. Any appropriation made
in the annual general appropriation act for the 2023-24 state fiscal year to
the department of higher education for the Colorado student leaders institute
is hereby transferred to the department of education to implement this act.
SECTION 4. Appropriation. For the 2023-24 state fiscal year,
$8,184 is appropriated to the department of education. This appropriation
PAGE 9-SENATE BILL 23-086 is from the general fund and is based on an assumption that the department
will require an additional 0.1 FTE. To implement this act, the department
may use this appropriation for the Colorado student leaders institute.
SECTION 5.  Effective date. This act takes effect July 1, 2023;
except that section 22-106-105 (3), Colorado Revised Statutes, enacted in
section 1 of this act, takes effect June 30, 2023.
SECTION 6. Safety clause. The general assembly hereby finds,
PAGE 10-SENATE BILL 23-086 determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________  ____________________________
Steve Fenberg
Julie McCluskie
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________  ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
            APPROVED________________________________________
                                                        (Date and Time)
                              _________________________________________
                             Jared S. Polis
                             GOVERNOR OF THE STATE OF COLORADO
PAGE 11-SENATE BILL 23-086