Colorado 2024 2024 Regular Session

Colorado Senate Bill SB164 Amended / Bill

Filed 04/25/2024

                    Second 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. 24-0660.01 Chelsea Princell x4335
SENATE BILL 24-164
Senate Committees House Committees
Education Education
A BILL FOR AN ACT
C
ONCERNING TRANSPARENCY REQUIREM ENTS FOR INSTITUTIONS OF101
HIGHER EDUCATION.102
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 adds the following rights to the rights of higher education
students:
! Cost transparency regarding a postsecondary education
program;
! A timely response on whether transfer credit will be
accepted by a public institution of higher education
HOUSE
Amended 2nd Reading
April 25, 2024
SENATE
3rd Reading Unamended
April 10, 2024
SENATE
Amended 2nd Reading
April 9, 2024
SENATE SPONSORSHIP
Buckner and Lundeen, Bridges, Coleman, Cutter, Exum, Fenberg, Fields, Gardner, Ginal,
Gonzales, Jaquez Lewis, Kolker, Liston, Marchman, Michaelson Jenet, Mullica, Pelton B.,
Pelton R., Priola, Rich, Roberts, Rodriguez, Simpson, Smallwood, Van Winkle, Will
HOUSE SPONSORSHIP
McCluskie and Pugliese,
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. (institution); and
! The right to appeal an institution's decision not to accept a
student's request to transfer credits.
The bill makes changes to the statewide common course
numbering system to guarantee certain course transfer credits between
community colleges, local district colleges, and area technical colleges.
The bill requires the department of higher education to establish
an appeal process if an institution wrongfully denies a student's transfer
credit.
The bill requires an institution to issue a decision to a student
regarding the acceptance or denial of transfer credits within 30 days after
the date the student submits a request for transfer credit.
Beginning January 1, 2025, the bill requires an institution to
provide a financial aid and cost disclosure form to a student prior to the
student decision deadline to accept admission to the institution.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 23-1-125, amend (1)
2
introductory portion; and add (1)(h), (1)(i), (1)(j), (1)(k), (1.5), and (6) as3
follows:4
23-1-125.  Commission directive - student bill of rights - degree5
requirements - implementation of core courses - competency test -6
prior learning - prior work-related experience - policies - definitions7
- repeal. (1)  Student bill of rights. The general assembly hereby finds8
that students enrolled in public institutions of higher education shall AND9
STUDENTS WHO ARE ACCEPTED TO AN INSTITUTION OF HIGHER EDUCATION10
have the following rights:11
(h)  S
TUDENTS HAVE A RIGHT TO TRANSPARENCY OF THE COST OF
12
POSTSECONDARY EDUCATION PROGRAMS , INCLUDING INFORMATION ON13
FEES, ASSOCIATED EXPENSES, AND FINANCIAL AID IN THE FORM OF14
SCHOLARSHIPS, GRANTS, AND LOANS;15
(i)  S
TUDENTS HAVE THE RIGHT TO SEAMLESS TRANSFER OF
16
COURSES IN THE GUARANTEED TRANSFER PATHWAY MATRIX	,17
164-2- TRANSPARENCY IN THE PROCESS FOR TRANSFERRING CREDITS , A TIMELY1
RESPONSE ON APPLICATIONS FOR TRANSFERRING CREDITS , AND2
TRANSPARENCY IN HOW AND WHY A CREDIT IS ACCEPTED OR REJECTED BY3
AN INSTITUTION AND HOW AND WHY A CREDIT IS OR IS NOT APPLIED4
TOWARD DEGREE REQUIREMENTS ;5
(j)  S
TUDENTS HAVE THE RIGHT TO APPEAL AN INSTITUTION 'S
6
FAILURE TO ACCEPT THE STUDENT'S REQUEST FOR TRANSFER CREDIT; AND7
(k)  S
TUDENTS HAVE THE RIGHT TO KNOW WHAT WORK -RELATED
8
EXPERIENCES OR PRIOR LEARNING OPPORTUNITIES ARE AWARDED9
POSTSECONDARY ACADEMIC CREDIT AT THE INSTITUTION IN WHICH THE10
STUDENT IS ENROLLED, PURSUANT TO SECTION 23-5-145.5.11
(1.5)  Policies. O
N OR BEFORE APRIL 1, 2025, THE COMMISSION
12
SHALL ADOPT POLICIES FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION13
ON HOW TO BEST IMPLEMENT THE RIGHT DESCRIBED IN SUBSECTION (1)(i)14
OF THIS SECTION.15
(6)  Definitions. A
S USED IN THIS SECTION, UNLESS THE CONTEXT
16
OTHERWISE REQUIRES:17
(a)  "G
ENERAL EDUCATION COURSE " MEANS A LOWER-DIVISION
18
COURSE OFFERED BY AN INSTITUTION THAT ANY DEGREE -SEEKING19
STUDENT ENROLLED AT THE INSTITUTION MUST SUCCESSFULLY COMPLETE20
IN ORDER TO OBTAIN AN ASSOCIATE'S DEGREE OR A BACHELOR'S DEGREE21
FROM THE INSTITUTION.22
(b)  "G
UARANTEED TRANSFER PATHWAY MATRIX " MEANS A GROUP
23
OF GENERAL EDUCATION COURSES OR LOWER -DIVISION COURSES REQUIRED24
FOR A SPECIFIC PROGRAM AT THE INSTITUTION THAT EVERY STUDENT25
ENROLLED IN THE SPECIFIC PROGRAM AT THE INSTITUTION MUST26
SUCCESSFULLY COMPLETE IN ORDER TO TRANSFER TO OR FROM AN27
164
-3- INSTITUTION AND HAS EQUIVALENT LEARNING OUTCOMES AS THE SAME1
LEVEL OF COURSES OFFERED BY ANOTHER INSTITUTION .2
(c)  "L
OWER-DIVISION COURSE" MEANS A COURSE NUMBERED FROM
3
ONE HUNDRED TO TWO HUNDRED NINETY-NINE OR ONE THOUSAND TO TWO4
THOUSAND NINE HUNDRED NINETY -NINE.5
(d)  "P
UBLIC INSTITUTION OF HIGHER EDUCATION " OR
6
"
INSTITUTION" HAS THE SAME MEANING SET FORTH IN SECTION 23-4.5-102.
7
SECTION 2. In Colorado Revised Statutes, 23-1-108.5, amend8
(1), (2)(c), (3)(a), (3)(b), (3)(c), (4), and (5); repeal (2)(b) and (2)(d); and9
add (2)(e), (2)(f), (2)(g), (3)(d.5), (3)(d.7), (6.5), and (8) as follows:10
23-1-108.5.  Duties and powers of the commission with regard11
to common course numbering system - council of higher education12
representatives - rules - legislative declaration - definitions - repeal.13
(1)  The general assembly hereby finds that, for many students, the ability14
to transfer among all state-supported institutions of higher education15
INSTITUTIONS is critical to their success in achieving a degree. The16
general assembly further finds that it is necessary for the state to have17
sound transfer policies that provide the broadest and simplest mechanisms18
feasible while protecting the academic quality of the institutions of higher19
education and their undergraduate degree programs. The general20
assembly finds, therefore, that it is in the best interests of the state for the21
commission to oversee the adoption of a statewide articulation matrix22
system of course numbering for general education courses THE23
GUARANTEED TRANSFER PATHWAY MATRIX , that WHICH includes all24
state-supported institutions of higher education INSTITUTIONS and that25
will ensure that the quality of and requirements that pertain to general26
education courses THE GUARANTEED TRANSFER PATHWAY MATRIX27
164
-4- COURSES are comparable and transferable systemwide.1
(2)  As used in this section, unless the context otherwise requires:2
(b)  "Course numbering system" means the statewide articulation3
matrix system of common course numbering for general education4
courses adopted by the commission pursuant to paragraph (c) of5
subsection (3) of this section.6
(c)  "General education courses COURSE" means the group of7
courses offered by an institution of higher education that every student8
enrolled in the institution must successfully complete to attain an9
associate's or bachelor's degree A LOWER-DIVISION COURSE OFFERED BY10
AN INSTITUTION THAT ANY DEGREE-SEEKING STUDENT ENROLLED AT THE11
INSTITUTION MUST SUCCESSFULLY COMPLETE IN ORDER TO OBTAIN AN12
ASSOCIATE'S DEGREE OR A BACHELOR'S DEGREE FROM THE INSTITUTION.13
(d)  "Higher education institution" means a state-supported14
institution of higher education.15
(e)  "G
UARANTEED TRANSFER PATHWAY MATRIX "MEANS A GROUP
16
OF GENERAL EDUCATION COURSES OR LOWER -DIVISION COURSES REQUIRED17
FOR A SPECIFIC PROGRAM AT THE INSTITUTION THAT EVERY STUDENT18
ENROLLED IN THE SPECIFIC PROGRAM AT THE INSTITUTION MUST19
SUCCESSFULLY COMPLETE IN ORDER TO TRANSFER TO OR FROM AN20
INSTITUTION AND THAT HAS EQUIVALENT LEARNING OUTCOMES AS THE21
SAME LEVEL OF COURSES OFFERED BY ANOTHER INSTITUTION .22
(f)  "H
IGHER EDUCATION INSTITUTION" OR "INSTITUTION" MEANS
23
A PUBLIC INSTITUTION OF HIGHER EDUCATION AS DEFINED IN SECTION24
23-4.5-102.25
(g)  "L
OWER-DIVISION COURSE"MEANS A COURSE NUMBERED FROM 
26
      ONE HUNDRED TO TWO HUNDRED NINETY-NINE OR ONE THOUSAND TO27
164
-5- TWO THOUSAND NINE HUNDRED NINETY -NINE.1
     2
(3) (a)  On or before July 1, 2001, the commission shall convene3
a council consisting of representatives from each of the higher education4
governing boards and each of the four-year higher education institutions,5
a representative sample of the two-year higher education institutions, and6
a representative of the commission. The commission shall consult with7
the governing boards when convening representatives from the higher8
education institutions. By July 1, 2011, the council shall create a process9
through which it shall seek input from and consult with various higher10
education student organizations for each articulation agreement and for11
the review of general education courses and the course numbering system12
as required in paragraph (c) of this subsection (3) COURSES IN THE13
GUARANTEED TRANSFER PATHWAY MATRIX AS REQUIRED IN SUBSECTION14
(3)(c) 
OF THIS SECTION.
15
(b)  The council shall recommend to the commission a statewide16
articulation matrix system of common course numbering GUARANTEED17
TRANSFER PATHWAY MATRIX to which the general education courses for18
each higher education institution may be mapped.19
(c) (I)  On or before October 1, 2002, the council shall recommend20
to the commission a list of general education courses to be included in the21
course numbering system GUARANTEED TRANSFER PATHWAY MATRIX . In22
identifying said general education THE courses, the council shall review23
the course descriptions and may request summaries of course syllabi for24
review, focusing first on lower-division general education courses. The25
commission shall review the council's recommendations and adopt a26
statewide articulation matrix system of common course numbering27
164
-6- GUARANTEED TRANSFER PATHWAY MATRIX for general education courses,1
including criteria for such THE courses, on or before January 1, 2003.2
(II)  The council shall annually review the list of general education3
courses and the course numbering system GUARANTEED TRANSFER4
PATHWAY MATRIX, including the criteria, adopted by the commission and5
recommend such changes as may be necessary to maintain the accuracy6
and integrity of the course numbering system GUARANTEED TRANSFER7
PATHWAY MATRIX. The council's annual review shall MUST include8
consideration of the course descriptions, and the council may request9
summaries of course syllabi for further review.10
(d.5) ON OR BEFORE DECEMBER 31, 2024, THE DEPARTMENT SHALL11
ADD ADDITIONAL REPRESENTATIVES AS NECESSARY TO THE COUNCIL TO12
ENSURE EQUAL REPRESENTATION OF INSTITUTIONS ON THE COUNCIL .13
(d.7) ON OR BEFORE OCTOBER 1, 2025, AND EVERY OCTOBER 114
THEREAFTER, THE COUNCIL SHALL REVIEW THE LIST OF COURSES IN THE15
GUARANTEED TRANSFER PATHWAY MATRIX 	AND MAKE16
RECOMMENDAT IONS TO THE COMMISSION AS NECESSARY TO MAKE17
CHANGES AND MAINTAIN ACCURACY . AS PART OF THE REVIEW, THE18
COUNCIL SHALL IDENTIFY:19
(I) THE HIGHEST ENROLLMENT AND TRANSFER ACTIVITY FOR20
COURSES IN THE GUARANTEED TRANSFER PATHWAY MATRIX ;21
(II) COURSES THAT STUDENTS ARE LESS LIKELY TO RECEIVE FULL22
CREDIT FOR THAT APPLY TOWARD THE STUDENT'S CHOSEN ACADEMIC23
PROGRAM UPON TRANSFER ; AND24
(III) HOW THE NUMBER OF CREDIT HOURS DIFFERS AMONG25
INSTITUTIONS AND WHERE MISALIGNMENT OCCURS BETWEEN COURSES IN26
THE GUARANTEED TRANSFER PATHWAY MATRIX .27
164
-7- (4) (a)  Following adoption of the course numbering system, each1
higher education institution shall review its course offerings and identify2
those general education courses offered by the institution that correspond3
with the courses included in the course numbering system. The EACH4
higher education institution shall submit its list of identified courses 
IN
5
THE GUARANTEED TRANSFER PATHWAY MATRIX , including course6
descriptions and, upon request of the commission, summaries of course7
syllabi, for review and approval by the commission on or before March8
1, 2003, 
AND ON MARCH 1 OF EACH ODD-NUMBERED YEAR THEREAFTER .
9
(b)  Beginning with the fall semester of 2003, each higher10
education institution shall publish, and update as necessary, a list of11
course offerings that identifies those general education courses offered by12
the institution that correspond with the courses included in the course13
numbering system GUARANTEED TRANSFER PATHWAY MATRIX .14
(5) (a)  All credits earned by a student in any general education15
course identified as corresponding with a course included in the course16
numbering system shall be THE GUARANTEED TRANSFER PATHWAY17
MATRIX ARE automatically transferable among AND APPLICABLE TO THE18
STUDENT'S DECLARED MAJOR OR PROGRAM REQUIREMENTS . IF THE19
CREDITS EARNED BY A STUDENT CANNOT BE APPLIED TO THE STUDENT 'S20
DECLARED MAJOR OR PROGRAM REQUIREMENTS , THE CREDITS MUST BE21
USED TO FULFILL ANY REMAINING GENERAL ELECTIVE COURSE22
REQUIREMENTS NEEDED FOR THE STUDENT 'S MAJOR OR PROGRAM. IF A23
STUDENT CHANGES THE STUDENT 'S MAJOR OR DECLARED PROGRAM OF24
STUDY, THE APPLICATION OF TRANSFER CREDITS TO THE STUDENT 'S NEW25
MAJOR OR PROGRAM REQUIREMENTS MUST BE RE -EVALUATED. THIS26
REQUIREMENT APPLIES TO all higher education institutions upon transfer27
164
-8- and enrollment ACCEPTANCE of the student. All higher education1
institutions in Colorado shall participate in the course numbering system2
GUARANTEED TRANSFER PATHWAY MATRIX . The commission shall adopt3
such policies and guidelines as may be necessary for the implementation4
of this section. Each 
INSTITUTION'S governing board shall modify its
5
existing policies as may be necessary to accept the transfer of these6
credits.7
(b)  A
LL COURSES IN THE GUARANTEED TRANSFER PATHWAY
8
MATRIX SYSTEM MUST QUALIFY AS THE SAME COURSE AT THE RECEIVING9
INSTITUTION, IRRESPECTIVE OF THE TOTAL CREDITS ASSIGNED TO THE10
COURSE.11
(c)  A
 RECEIVING INSTITUTION SHALL NOT REQUIRE A TRANSFER
12
STUDENT TO TAKE THE SAME OR SIMILAR COURSES WHO HAS COMPLETED13
THE REQUIRED COURSE IN THE GUARANTEED TRANSFER PATHWAY MATRIX ,14
REGARDLESS OF WHETHER THE STUDENT EARNED AN ASSOCIATE 'S DEGREE15
PRIOR TO TRANSFER.16
(6.5) (a)  N
OTWITHSTANDING SECTION 24-1-136 (11)(a)(I),
17
BEGINNING JANUARY 2026, AND EVERY JANUARY THEREAFTER , THE18
DEPARTMENT SHALL INCLUDE AS PART OF ITS "SMART ACT" HEARING,19
REQUIRED BY SECTION 2-7-203, A COMPILED REPORT OF INFORMATION20
RECEIVED FROM EACH HIGHER EDUCATION INSTITUTION REGARDING21
COURSES IN THE GUARANTEED TRANSFER PATHWAY MATRIX THAT22
INCLUDES:23
(I)  T
HE NUMBER OF UNDERGRADUATE STUDENTS TRANSFERRING
24
TO THE INSTITUTION AND EACH INSTITUTION THAT A STUDENT IS25
TRANSFERRING FROM;26
(II)  T
HE AVERAGE TIME NEEDED TO COMPLETE A BACHELOR 'S
27
164
-9- DEGREE FOR A TRANSFER STUDENT COMPARED TO A NON -TRANSFER1
STUDENT;2
(III)  T
HE TOTAL NUMBER OF CREDITS ACCEPTED AND APPLIED
3
RELATED TO GUARANTEED TRANSFER PATHWAY COURSES , GENERAL4
EDUCATION COURSES, AND OTHER COURSE EQUIVALENTS ; AND5
(IV)  T
HE NUMBER OF CREDITS THAT WERE ACCEPTED AND NOT
6
ACCEPTED, AND THE NUMBER OF CREDITS THAT WERE APPLIED AND WERE7
NOT APPLIED TO EACH STUDENT 'S DEGREE PROGRAM COURSE8
REQUIREMENTS, AT THE TIME THE STUDENT INITIALLY TRANSFERRED TO9
AND ENROLLED IN THE INSTITUTION, DISAGGREGATED BY DEGREE10
PROGRAM.11
(b)  U
SING EXISTING STATEWIDE DATA, THE DEPARTMENT SHALL
12
ALSO INCLUDE THE FOLLOWING INFORMATION FOR EACH INSTITUTION13
REGARDING THE TOTAL AMOUNT OF TRANSFER CREDITS EARNED AND THE14
TOTAL AMOUNT OF CREDITS APPLIED TOWARD DEGREE REQUIREMENTS IN15
THE REPORT REQUIRED IN SUBSECTION (6.5)(a) OF THIS SECTION:16
(I)
  THE AVERAGE NUMBER OF CREDITS ATTEMPTED AND THE
17
NUMBER OF CREDITS EARNED TO OBTAIN A BACHELOR 'S DEGREE FOR A18
TRANSFER STUDENT COMPARED TO A STUDENT WHO DID NOT TRANSFER TO19
ANOTHER INSTITUTION BEFORE EARNING THE BACHELOR 'S DEGREE; AND20
(II)
  THE AVERAGE NUMBER OF ACADEMIC TERMS NEEDED TO
21
COMPLETE A BACHELOR'S DEGREE FOR A TRANSFER STUDENT COMPARED22
TO A STUDENT WHO DID NOT TRANSFER TO ANOTHER INSTITUTION BEFORE23
EARNING THE BACHELOR'S DEGREE.24
(8) (a)  T
HE DEPARTMENT HAS EXCLUSIVE AUTHORITY TO BRING AN
25
ENFORCEMENT ACTION ON BEHALF OF THE STATE AGAINST AN INSTITUTION26
FOR A VIOLATION OF THIS SECTION.27
164
-10- (b)  PRIOR TO AN ENFORCEMENT ACTION PURSUANT TO SUBSECTION1
(8)(a) 
OF THIS SECTION, THE DEPARTMENT SHALL ISSUE A NOTICE OF
2
VIOLATION TO THE INSTITUTION AND EXPLAIN HOW THE INSTITUTION MAY3
REMEDY THE VIOLATION , IF POSSIBLE. IF THE INSTITUTION FAILS TO4
REMEDY THE VIOLATION WITHIN THREE MONTHS AFTER RECEIPT OF THE5
NOTICE OF VIOLATION, THE DEPARTMENT MAY BRING AN ENFORCEMENT6
ACTION AGAINST THE INSTITUTION.7
(c)  T
HE DEPARTMENT HAS THE AUTHORITY TO OVERTURN A
8
COURSE TRANSFER DECISION MADE BY AN INSTITUTION REGARDING A9
COURSE IN THE GUARANTEED TRANSFER PATHWAY MATRIX THAT IS IN10
VIOLATION OF THIS SECTION.11
(d)  A
 STUDENT ENROLLED AT AN INSTITUTION MAY APPEAL AN
12
INSTITUTION'S DECISION REGARDING THE DENIAL OF CREDIT FOR COURSES13
IN THE GUARANTEED TRANSFER PATH WAY MATRIX THAT THE STUDENT14
SEEKS TO TRANSFER THROUGH AN APPEALS PROCESS ESTABLISHED BY THE15
DEPARTMENT.16
(e)  T
HE DEPARTMENT MAY PROMULGATE RULES , PURSUANT TO
17
SECTION 24-4-103, AS NECESSARY TO IMPLEMENT THIS SUBSECTION (8).18
SECTION 3. In Colorado Revised Statutes, add 23-5-150 as19
follows:20
23-5-150. Transfer credit review process and nontransferable21
credit - notice - definition. (1) AN INSTITUTION SHALL PROVIDE A22
STUDENT WITH A DETERMINATION REGARDING THE ACCEPTANCE OR23
DENIAL OF THE STUDENT'S REQUEST AND REQUIRED DOCUMENTATION FOR24
TRANSFER CREDIT WITHIN THIRTY DAYS AFTER THE STUDENT IS ADMITTED25
TO THE INSTITUTION.26
(2)  A
N INSTITUTION SHALL PUBLISH THE INSTITUTION'S PROCESS
27
164
-11- AND TIMELINE FOR REVIEWING AND MAKING A DECISION REGARDING1
TRANSFER CREDIT REQUESTS ON THE INSTITUTION 'S WEBSITE. THE2
INSTITUTION SHALL UPDATE ITS WEBSITE WITHIN THIRTY DAYS AFTER3
MAKING A CHANGE TO ITS PROCESS AND TIMELINE FOR REVIEWING AND4
ISSUING DECISIONS REGARDING TRANSFER CREDIT REQUESTS .5
(3)  A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
6
REQUIRES, "INSTITUTION" MEANS A "PUBLIC INSTITUTION OF HIGHER7
EDUCATION" AS DEFINED IN SECTION 23-4.5-102.8
SECTION 4. In Colorado Revised Statutes, 23-70-103, amend9
(3) as follows:10
23-70-103.  Responsibility of governing boards of constituent11
institutions. (3)  The respective governing boards of the constituent12
institutions shall provide ENSURE that credits earned at each of the13
constituent institutions shall be ARE transferable between institutions14
insofar as they meet the degree and grade requirements of the student's15
chosen program of studies at one of the constituent institutions as16
determined by the degree-granting institution AS REQUIRED BY SECTION17
23-1-108.5.18
SECTION 5. Safety clause. The general assembly finds,19
determines, and declares that this act is necessary for the immediate20
preservation of the public peace, health, or safety or for appropriations for21
the support and maintenance of the departments of the state and state22
institutions.23
164
-12-