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-