Colorado 2024 Regular Session

Colorado House Bill HB1403 Latest Draft

Bill / Enrolled Version Filed 04/24/2024

                            HOUSE BILL 24-1403
BY REPRESENTATIVE(S) Bird and Sirota, Taggart, Amabile, Bacon,
Brown, Clifford, deGruy Kennedy, Duran, English, Froelich, Garcia,
Hamrick, Hernandez, Herod, Joseph, Lieder, Lindsay, Lindstedt, Lukens,
Mabrey, Martinez, Marvin, Mauro, McCormick, McLachlan, Ortiz, Ricks,
Rutinel, Story, Titone, Valdez, Willford, Woodrow, Young, McCluskie;
also SENATOR(S) Zenzinger and Bridges, Kirkmeyer, Coleman, Cutter,
Exum, Gonzales, Hinrichsen, Marchman, Michaelson Jenet, Priola.
C
ONCERNING POSTSECONDARY EDUCATION SUPPORT FOR STUDENTS
EXPERIENCING HOUSING DISRUPTIONS IN HIGH SCHOOL
, AND, IN
CONNECTION THEREWITH
, MAKING AN APPROPRIATION.
 
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add part 15 to article
3.3 of title 23 as follows:
PART 15
FINANCIAL ASSISTANCE PROGRAM FOR STUDENTS
EXPERIENCING HOMELESSNESS
23-3.3-1501.  Definitions. A
S USED IN THIS PART, UNLESS THE
CONTEXT OTHERWISE REQUIRES
:
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. (1)  "COST OF ATTENDANCE" HAS THE SAME MEANING AS SET FORTH
IN SECTION 
23-3.3-1002.
(2)  "D
EPARTMENT" MEANS THE DEPARTMENT OF HIGHER EDUCATION
CREATED IN SECTION 
24-1-114.
(3)  "F
INANCIAL ASSISTANCE PROGRAM FOR STUDENTS EXPERIENCING
HOMELESSNESS
" OR "FINANCIAL ASSISTANCE PROGRAM " MEANS THE
FINANCIAL ASSISTANCE PROGRAM FOR STUDENTS EXPERIENCING
HOMELESSNESS CREATED IN SECTION 
23-3.3-1502.
(4)  "I
NSTITUTION OF HIGHER EDUCATION" OR "INSTITUTION" MEANS
A STATE INSTITUTION OF HIGHER EDUCATION
, AS DEFINED IN SECTION
23-18-102 (10)(a); LOCAL DISTRICT COLLEGE, AS DEFINED IN SECTION
23-71-102; OR AREA TECHNICAL COLLEGE , AS DEFINED IN SECTION
23-60-103.
(5)  "Q
UALIFYING STUDENT" MEANS A RESIDENT OF COLORADO WHO
HAS BEEN ACCEPTED FOR ENROLLMENT AT AN INSTITUTION OF HIGHER
EDUCATION AND WHO
:
(a)  H
AS BEEN IDENTIFIED BY DESIGNATED SCHOOL PERSONNEL AS A
HOMELESS CHILD OR YOUTH PURSUANT TO SECTION 
725 OF THE FEDERAL
"MCKINNEY-VENTO HOMELESS ASSISTANCE ACT", 42 U.S.C. SEC. 11434a
WHILE RESIDING IN COLORADO AT ANY TIME BETWEEN THE START OF NINTH
GRADE AND THE END OF TWELFTH GRADE
; AND
(b)  WILL BE SEVENTEEN YEARS OF AGE OR OLDER BUT UNDER
TWENTY
-SEVEN YEARS OF AGE AT THE TIME OF FINANCIAL ASSISTANCE
RECEIPT
.
23-3.3-1502. Financial aid for students who have experienced
homelessness - creation - purpose - rules. (1) (a)  T
HE FINANCIAL
ASSISTANCE PROGRAM FOR STUDENT S EXPERIENCING HOMELESSNESS IS
CREATED IN THE DEPARTMENT
. THE PURPOSE OF THE PROGRAM IS TO
INCREASE ACCESS TO POSTSECONDARY EDUCATION FOR STUDENTS WHO
HAVE EXPERIENCED HOMELESSNESS DURING HIGH SCHOOL
.
(b)  B
EGINNING IN THE 2024-25 ACADEMIC YEAR, EACH INSTITUTION
PAGE 2-HOUSE BILL 24-1403 OF HIGHER EDUCATION IN THE STATE SHALL PROVIDE FINANCIAL ASSISTANCE
TO A QUALIFYING STUDENT FOR THE REMAINING BALANCE OF THE STUDENT
'S
TOTAL COST OF ATTENDANCE IN EXCESS OF THE AMOUNT OF ANY PRIVATE
,
STATE, OR FEDERAL FINANCIAL ASSISTANCE RECEIVED BY THE QUALIFYING
STUDENT DURING THE FIRST ONE HUNDRED THIRTY
-TWO SEMESTER CREDIT
HOURS OR ONE HUNDRED NINETY
-EIGHT QUARTER CREDIT HOURS THAT THE
QUALIFYING STUDENT IS ENROLLED IN THE FINANCIAL ASSISTANCE
PROGRAM
.
(c)  I
N ORDER TO RECEIVE THE REMAINING BALANCE OF FINANCIAL
ASSISTANCE
, THE QUALIFYING STUDENT MUST:
(I)  C
OMPLETE THE FREE APPLICATION FOR FEDERAL STUDENT AID OR
THE 
COLORADO APPLICATION FOR STATE FINANCIAL AID , INCLUDING, IF
APPLICABLE
, ACKNOWLEDGING PAST OR CURRENT EXPERIENCE OF
HOMELESSNESS
;
(II)  R
EQUEST THE FINANCIAL ASSISTANCE IN ACCOR DANCE WITH
POLICIES SET FORTH BY THE INSTITUTION
;
(III)  B
E ENROLLED IN COURSES LEADING TOWARD THE QUALIFYING
STUDENT
'S FIRST BACHELOR'S DEGREE, ASSOCIATE DEGREE, OR CERTIFICATE
OF COMPLETION AT AN ACCREDITED INSTITUTION OF HIGHER EDUCATION
;
AND
(IV)  REMAIN IN SATISFACTORY ACADEMIC STANDING IN
ACCORDANCE WITH THE ACADEMIC POLICIES OF THE INSTITUTION AND MAKE
PROGRESS TOWARD THE COMPLETION OF THE REQUIREMENTS OF THE
EDUCATIONAL PROGRAM IN WHICH THE QUALIFYING STUDENT IS ENROLLED
.
(2)  T
HE GENERAL ASSEMBLY SHALL APPROPRIATE MONEY TO THE
COMMISSION TO COVER FIFTY PERCENT OF THE COST OF PROVIDING THE
REMAINING BALANCE OF FINANCIAL ASSISTANCE TO QUALIFYING STUDENTS
.
S
UBJECT TO AVAILABLE APPROPRIATIONS , THE COMMISSION SHALL PROVIDE
FUNDING TO AN INSTITUTION EQUAL TO FIFTY PERCENT OF THE REMAINING
BALANCE OF FINANCIAL ASSISTANCE PROVIDED BY THE INSTITUTION
.
(3) (a)  T
HE COMMISSION SHALL PROMULGATE RULES NECESSARY FOR
THE ADMINISTRATION OF THIS SECTION
.
PAGE 3-HOUSE BILL 24-1403 (b)  EACH INSTITUTION SHALL ADOPT POLICIES FOR THE
ADMINISTRATION OF THE FINANCIAL ASSISTANCE PROGRAM
.
23-3.3-1503. Financial assistance program for students
experiencing homelessness - program liaison - program navigator -
data-sharing. (1)  E
ACH INSTITUTION SHALL DESIGNATE ONE EMPLOYEE AS
A LIAISON TO SERVE AS A POINT OF CONTACT FOR QUALIFYING STUDENTS
AND PROSPECTIVE QUALIFYING STUDENTS
. THE LIAISON MAY HAVE OTHER
DUTIES UNRELATED TO WORK AS THE LIAISON
. THE LIAISON SHALL PROVIDE
QUALIFYING STUDENTS AND PROSPECTIVE QUALIFYING STUDENTS WITH
INFORMATION REGARDING APPLICATION ASSISTANCE
, FINANCIAL
ASSISTANCE
, SUPPORT SERVICES, AND OTHER RESOURCES AND ASSISTANCE
THAT ARE AVAILABLE
. EACH INSTITUTION SHALL PUBLICIZE THE
AVAILABILITY OF THE FINANCIAL ASSISTANCE PROGRAM FOR STUDENTS
EXPERIENCING HOMELESSNESS ON THE INSTITUTION
'S WEBSITE AND NOTIFY
QUALIFYING STUDENTS OF THEIR ELIGIBILITY
.
(2) (a)  T
HE DEPARTMENT SHALL EMPLOY AT LEAST ONE FULL -TIME
EQUIVALENT POSITION AS A NAVIGATOR FOR STUDENTS EXPERIENCING
HOMELESSNESS TO SUPPORT SCHOOL DISTRICTS
' HOMELESS EDUCATION
LIAISONS
, DESCRIBED IN SECTION 22-33-103.5 (7), DESIGNATED HIGH
SCHOOL PERSONNEL
, AND PROSPECTIVE QUALIFYING STUDENTS IN APPLYING
FOR AND ENROLLING IN INSTITUTIONS OF HIGHER EDUCATION
. THE
NAVIGATOR SHALL WORK WITH SCHOOL DISTRICTS
' HOMELESS EDUCATION
LIAISONS AND HIGH SCHOOL COUNSELORS OR OTHER DESIGNATED
PERSONNEL TO SUPPORT THE IDENTIFICATION OF PROSPECTIVE QUALIFYING
STUDENTS
. THE NAVIGATOR SHALL PROVIDE SUPPORT TO SC HOOL DISTRICTS	'
HOMELESS EDUCATION LIAISONS , DESIGNATED HIGH SCHOOL PERSONNEL ,
AND PROSPECTIVE QUALIFYING STUDENTS IN SELECTING INSTITUTIONS AND
PROGRAMS IN WHICH THE PROSPECTIVE QUALIFYING STUDENT MAY WANT TO
ENROLL
. THE NAVIGATOR SHALL , AT THE REQUEST OF A PROSPECTIVE
QUALIFYING STUDENT
, ASSIST THE PROSPECTIVE QUALIFYING STUDENT WITH
THE COMPLETION OF AN INSTITUTION
'S APPLICATION FOR ADMISSION, THE
FREE APPLICATION FOR FEDERAL STUDENT AID
, OR THE COLORADO
APPLICATION FOR STATE FINANCIAL AID
.
(b)  E
ACH INSTITUTION SHALL PROVIDE THE NAVIGATOR WITH THE
CONTACT INFORMATION FOR THE INSTITUTION
'S LIAISON DESIGNATED
PURSUANT TO SUBSECTION 
(1) OF THIS SECTION.
PAGE 4-HOUSE BILL 24-1403 (3)  THE DEPARTMENT SHALL ENTER INTO A DATA -SHARING
AGREEMENT WITH THE DEPARTMENT OF EDUCATION TO SHARE PERSONALLY
IDENTIFIABLE STUDENT INFORMATION FOR THE PURPOSE OF IDENTIFYING
AND SUPPORTING PROSPECTIVE QUALIFYING STUDENTS
. AT A MINIMUM, THE
DATA
-SHARING AGREEMENT MUST ENSURE THAT THE EXCHANGE OF
INFORMATION IS CONDUCTED IN COMPLIANCE WITH THE 
"COLORADO
PRIVACY ACT", PART 13 OF ARTICLE 1 OF TITLE 6; THE FEDERAL "FAMILY
EDUCATIONAL RIGHTS AND PRIVACY RIGHTS ACT OF 1974", 20 U.S.C. SEC.
1232g, 
AS AMENDED; AND THE "STUDENT DATA TRANSPARENCY AND
SECURITY ACT", ARTICLE 16 OF TITLE 22. THE DEPARTMENTS SHALL
MAINTAIN STRICT STANDARDS FOR STUDENT DATA PRIVACY AND SHALL NOT
PUBLICLY REPORT INDIVIDUAL STUDENT DATA FOR ANY PURPOSE
.
SECTION 2. In Colorado Revised Statutes, 23-3.3-1401, amend
(1)(d)(I), (2)(a), and (5)(a) as follows:
23-3.3-1401.  Financial aid for students who have been in
out-of-home placement - institution liaisons - navigators - definitions.
(1)  As used in this section, unless the context otherwise requires:
(d)  "Qualifying student" means a resident of Colorado who has been
accepted for enrollment at an institution of higher education who:
(I)  Has been placed
 in foster care, as defined in section 19-1-103, in
Colorado at any time on or after the student's thirteenth birthday; or
(2) (a)  Beginning in the 2022-23 academic year, each institution of
higher education in the state shall provide financial assistance to a
qualifying student for the remaining balance of the student's total cost of
attendance in excess of the amount of any private, state, or federal financial
assistance received by the student, referred to in this section as "remaining
balance financial assistance", during the first one hundred thirty-two
semester hours or one hundred ninety-eight quarter hours that the student
is enrolled at the institution
 IN THE FINANCIAL ASSISTANCE PROGRAM
CREATED PURSUANT TO THIS PART 
14.
(5) (a)  Each institution shall designate one employee as a liaison to
serve as a direct point of contact with the institution for qualifying students
and prospective qualifying students. The liaison may have other duties
unrelated to work as the liaison. The liaison shall provide qualifying
PAGE 5-HOUSE BILL 24-1403 students and prospective qualifying students with information regarding
application assistance, financial assistance, support services, and other
resources and assistance available to qualifying students and prospective
qualifying students. E
ACH INSTITUTION SHALL PUBLICIZE THE AVAILABILITY
OF FINANCIAL ASSISTANCE PURSUANT TO THIS PART 
14 ON THE INSTITUTION'S
WEBSITE AND NOTIFY QUALIFYING STUDENTS OF THEIR ELIGIBILITY
.
SECTION 3. In Colorado Revised Statutes, 22-33-103.5, amend
(8)(b); and add (8)(c) as follows:
22-33-103.5.  Attendance of homeless children and youth -
definitions. (8)  Credit accrual and college readiness. (b)  Counseling
shall
 MUST be provided to a homeless child or youth and to an
unaccompanied homeless child or youth to assist the homeless child or
youth and unaccompanied homeless child or youth by advising, preparing,
and improving access to postsecondary options. C
OUNSELING MUST
INCLUDE PROVIDING PROSPECTIVE QUALIFYING STUDENTS WITH
INFORMATION ABOUT THE FINANCIAL ASSISTANCE PROGRAM FOR STUDENTS
EXPERIENCING HOMELESSNESS CREATED IN SECTION 
23-3.3-1502.
(c)  P
URSUANT TO SECTION 23-3.3-1503 (3), THE DEPARTMENT OF
EDUCATION SHALL PROVIDE SCHOOL DISTRICT DATA IDENTIFYING
PROSPECTIVE QUALIFYING STUDENTS BASED ON STUDENT LEVEL STATUS
PURSUANT TO THE FEDERAL
"MCKINNEY-VENTO HOMELESS ASSISTANCE
ACT", 42 U.S.C. SEC. 11301, AS AMENDED, AND OTHER DATA ALREADY
COLLECTED BY THE DEPARTMENT OF EDUCATION
, TO THE DEPARTMENT OF
HIGHER EDUCATION FOR ACADEMIC YEAR 
2023-24 BY JULY 1, 2024, AND FOR
FUTURE ACADEMIC YEARS
, ON EACH JANUARY 20 THEREAFTER.
SECTION 4. Appropriations. (1)  For the 2024-25 state fiscal
year, $1,668,381 is appropriated to the department of higher education. This
appropriation is from the general fund and is based on an assumption that
the department will require an additional 1.8 FTE. To implement this act,
the department may use this appropriation for postsecondary assistance for
students who experienced homelessness during high school.
(2)  For the 2024-25 state fiscal year, $26,055 is appropriated to the
department of education for use by the office of dropout prevention and
student reengagement. This appropriation is from the general fund and is
based on an assumption that the office will require an additional 0.2 FTE.
PAGE 6-HOUSE BILL 24-1403 To implement this act, the office may use this appropriation for the
homeless student scholarship program.
SECTION 5. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety or for appropriations for
the support and maintenance of the departments of the state and state
institutions.
____________________________ ____________________________
Julie McCluskie 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 7-HOUSE BILL 24-1403