Colorado 2024 2024 Regular Session

Colorado Senate Bill SB164 Enrolled / Bill

Filed 05/05/2024

                    SENATE BILL 24-164
BY SENATOR(S) Buckner and Lundeen, Bridges, Coleman, Cutter,
Exum, 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, Fenberg;
also REPRESENTATIVE(S) McCluskie and Pugliese, Bacon, Bird,
Boesenecker, Brown, Duran, Hamrick, Hernandez, Herod, Jodeh, Joseph,
Kipp, Lieder, Lindsay, Lindstedt, Lukens, Mauro, McLachlan, Sirota,
Soper, Valdez, Young
.
C
ONCERNING TRANSPARENCY REQUIREMENTS FOR INSTITUTIONS OF HIGHER
EDUCATION
.
 
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 23-1-125, amend (1)
introductory portion; and add (1)(h), (1)(i), (1)(j), (1)(k), (1.5), and (6) as
follows:
23-1-125.  Commission directive - student bill of rights - degree
requirements - implementation of core courses - competency test - prior
learning - prior work-related experience - policies - definitions - repeal.
(1)  Student bill of rights. The general assembly hereby
 finds that students
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. enrolled in public institutions of higher education shall AND STUDENTS WHO
ARE ACCEPTED TO AN INSTITUTION OF HIGHER EDUCATION
 have the
following rights:
(h)  S
TUDENTS HAVE A RIGHT TO TRANSPARENCY OF THE COST OF
POSTSECONDARY EDUCATION PROGRAMS
, INCLUDING INFORMATION ON FEES,
ASSOCIATED EXPENSES, AND FINANCIAL AID IN THE FORM OF SCHOLARSHIPS,
GRANTS, AND LOANS;
(i)  S
TUDENTS HAVE THE RIGHT TO SEAMLESS TRANSFER OF COURSES
IN THE GUARANTEED TRANSFER PATHWAY MATRIX
, TRANSPARENCY IN THE
PROCESS FOR TRANSFERRING CREDITS
, A TIMELY RESPONSE ON APPLICATIONS
FOR TRANSFERRING CREDITS
, AND TRANSPARENCY IN HOW AND WHY A
CREDIT IS ACCEPTED OR REJECTED BY AN INSTITUTION AND HOW AND WHY
A CREDIT IS OR IS NOT APPLIED TOWARD DEGREE REQUIREMENTS
;
(j)  S
TUDENTS HAVE THE RIGHT TO APPEAL AN INSTITUTION 'S FAILURE
TO ACCEPT THE STUDENT
'S REQUEST FOR TRANSFER CREDIT; AND
(k)  STUDENTS HAVE THE RIGHT TO KNOW WHAT WORK -RELATED
EXPERIENCES OR PRIOR LEARNING OPPORTUNITIES ARE AWARDED
POSTSECONDARY ACADEMIC CREDIT AT THE INSTITUTION IN WHICH THE
STUDENT IS ENROLLED
, PURSUANT TO SECTION 23-5-145.5.
(1.5)  Policies. O
N OR BEFORE APRIL 1, 2025, THE COMMISSION SHALL
ADOPT POLICIES FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION ON HOW
TO BEST IMPLEMENT THE RIGHT DESCRIBED IN SUBSECTION
 (1)(i) OF THIS
SECTION
.
(6)  Definitions. A
S USED IN THIS SECTION, UNLESS THE CONTEXT
OTHERWISE REQUIRES
:
(a)  "G
ENERAL EDUCATION COURSE " MEANS A LOWER-DIVISION
COURSE OFFERED BY AN INSTITUTION THAT ANY DEGREE
-SEEKING STUDENT
ENROLLED AT THE INSTITUTION MUST SUCCESSFULLY COMPLETE IN ORDER
TO OBTAIN AN ASSOCIATE
'S DEGREE OR A BACHELOR'S DEGREE FROM THE
INSTITUTION
.
(b)  "G
UARANTEED TRANSFER PATHWAY MATRIX " MEANS A GROUP
OF GENERAL EDUCATION COURSES OR LOWER
-DIVISION COURSES REQUIRED
PAGE 2-SENATE BILL 24-164 FOR A SPECIFIC PROGRAM AT THE INSTITUTION THAT EVERY STUDENT
ENROLLED IN THE SPECIFIC PROGRAM AT THE INSTITUTION MUST
SUCCESSFULLY COMPLETE IN ORDER TO TRANSFER TO OR FROM AN
INSTITUTION AND HAS EQUIVALENT LEARNING OUTCOMES AS THE SAME
LEVEL OF COURSES OFFERED BY ANOTHER INSTITUTION
.
(c)  "L
OWER-DIVISION COURSE" MEANS A COURSE NUMBERED FROM
ONE HUNDRED TO TWO HUNDRED NINETY
-NINE OR ONE THOUSAND TO TWO
THOUSAND NINE HUNDRED NINETY
-NINE.
(d)  "P
UBLIC INSTITUTION OF HIGHER EDUCATION" OR "INSTITUTION"
HAS THE SAME MEANING SET FORTH IN SECTION 23-4.5-102.
SECTION 2. In Colorado Revised Statutes, 23-1-108.5, amend (1),
(2)(c), (3)(a), (3)(b), (3)(c), (4), and (5); repeal (2)(b) and (2)(d); and add
(2)(e), (2)(f), (2)(g), (3)(d.5), (3)(d.7), (6.5), and (8) as follows:
23-1-108.5.  Duties and powers of the commission with regard to
common course numbering system - council of higher education
representatives - rules - legislative declaration - definitions - repeal.
(1)  The general assembly hereby
 finds that, for many students, the ability
to transfer among all state-supported institutions of higher education
INSTITUTIONS is critical to their success in achieving a degree. The general
assembly further finds that it is necessary for the state to have sound
transfer policies that provide the broadest and simplest mechanisms feasible
while protecting the academic quality of the institutions of higher education
and their undergraduate degree programs. The general assembly finds,
therefore, that it is in the best interests of the state for the commission to
oversee the adoption of a statewide articulation matrix system of course
numbering for general education courses THE GUARANTEED TRANSFER
PATHWAY MATRIX
, that
 WHICH includes all state-supported institutions of
higher education INSTITUTIONS and that will ensure that the quality of and
requirements that pertain to general education courses THE GUARANTEED
TRANSFER PATHWAY MATRIX COURSES
 are comparable and transferable
systemwide.
(2)  As used in this section, unless the context otherwise requires:
(b)  "Course numbering system" means the statewide articulation
matrix system of common course numbering for general education courses
PAGE 3-SENATE BILL 24-164 adopted by the commission pursuant to paragraph (c) of subsection (3) of
this section.
(c)  "General education courses COURSE" means the group of courses
offered by an institution of higher education that every student enrolled in
the institution must successfully complete to attain an associate's or
bachelor's degree A LOWER-DIVISION COURSE OFFERED BY AN INSTITUTION
THAT ANY DEGREE
-SEEKING STUDENT ENROLLED AT THE INSTITUTION MUST
SUCCESSFULLY COMPLETE IN ORDER TO OBTAIN AN ASSOCIATE
'S DEGREE OR
A BACHELOR
'S DEGREE FROM THE INSTITUTION.
(d)  "Higher education institution" means a state-supported
institution of higher education.
(e)  "GUARANTEED TRANSFER PATHWAY MATRIX "MEANS A GROUP OF
GENERAL EDUCATION COURSES OR LOWER
-DIVISION COURSES REQUIRED FOR
A SPECIFIC PROGRAM AT THE INSTITUTION THAT EVERY STUDENT ENROLLED
IN THE SPECIFIC PROGRAM AT THE INSTITUTION MUST SUCCESSFULLY
COMPLETE IN ORDER TO TRANSFER TO OR FROM AN INSTITUTION AND THAT
HAS EQUIVALENT LEARNING OUTCOMES AS THE SAME LEVEL OF COURSES
OFFERED BY ANOTHER INSTITUTION
.
(f)  "H
IGHER EDUCATION INSTITUTION" OR "INSTITUTION" MEANS A
PUBLIC INSTITUTION OF HIGHER EDUCATION AS DEFINED IN SECTION
23-4.5-102.
(g)  "L
OWER-DIVISION COURSE"MEANS A COURSE NUMBERED FROM
ONE HUNDRED TO TWO HUNDRED NINETY
-NINE OR ONE THOUSAND TO TWO
THOUSAND NINE HUNDRED NINETY
-NINE.
(3) (a)  On or before July 1, 2001, the commission shall convene a
council consisting of representatives from each of the higher education
governing boards and each of the four-year higher education institutions, a
representative sample of the two-year higher education institutions, and a
representative of the commission. The commission shall consult with the
governing boards when convening representatives from the higher
education institutions. By July 1, 2011, the council shall create a process
through which it shall seek input from and consult with various higher
education student organizations for each articulation agreement and for the
review of general education courses and the course numbering system as
PAGE 4-SENATE BILL 24-164 required in paragraph (c) of this subsection (3) COURSES IN THE
GUARANTEED TRANSFER PATHWAY MATRIX AS REQUIRED IN SUBSECTION
(3)(c) OF THIS SECTION.
(b)  The council shall recommend to the commission a statewidearticulation matrix system of common course numbering GUARANTEED
TRANSFER PATHWAY MATRIX
 to which the general education courses for
each higher education
 institution may be mapped.
(c) (I)  On or before October 1, 2002, the council shall recommend
to the commission a list of general education courses to be included in the
course numbering system GUARANTEED TRANSFER PATHWAY MATRIX . In
identifying said general education THE courses, the council shall review the
course descriptions and may request summaries of course syllabi for review,
focusing first
 on lower-division general education courses. The commission
shall review the council's recommendations and adopt a statewide
articulation matrix system of common course numbering GUARANTEED
TRANSFER PATHWAY MATRIX
 for general education courses, including
criteria for such
 THE courses, on or before January 1, 2003.
(II)  The council shall annually review the list of general education
courses and the course numbering system GUARANTEED TRANSFER
PATHWAY MATRIX
, including the criteria, adopted by the commission and
recommend such
 changes as may be necessary to maintain the accuracy and
integrity of the course numbering system GUARANTEED TRANSFER PATHWAY
MATRIX
. The council's annual review shall
 MUST include consideration of
the course descriptions, and the council may request summaries of course
syllabi for further review.
(d.5)  O
N OR BEFORE DECEMBER 31, 2024, THE DEPARTMENT SHALL
ADD ADDITIONAL REPRESENTATIVES AS NECESSARY TO THE COUNCIL TO
ENSURE EQUAL REPRESENTATION OF INSTITUTIONS ON THE COUNCIL
.
(d.7)  O
N OR BEFORE OCTOBER 1, 2025, AND EVERY OCTOBER 1
THEREAFTER, THE COUNCIL SHALL REVIEW THE LIST OF COURSES IN THE
GUARANTEED TRANSFER PATHWAY MATRIX AND MAKE RECOMMENDATIONS
TO THE COMMISSION AS NECESSARY TO MAKE CHANGES AND MAINTAIN
ACCURACY
. AS PART OF THE REVIEW, THE COUNCIL SHALL IDENTIFY:
(I)  T
HE HIGHEST ENROLLMENT AND TRANSFER ACTIVITY FOR
PAGE 5-SENATE BILL 24-164 COURSES IN THE GUARANTEED TRANSFER PATHWAY MATRIX ;
(II)  C
OURSES THAT STUDENTS ARE LESS LIKELY TO RECEIVE FULL
CREDIT FOR THAT APPLY TOWARD THE STUDENT
'S CHOSEN ACADEMIC
PROGRAM UPON TRANSFER
; AND
(III)  HOW THE NUMBER OF CREDIT HOURS DIFFERS AMONG
INSTITUTIONS AND WHERE MISALIGNMENT OCCURS BETWEEN COURSES IN
THE GUARANTEED TRANSFER PATHWAY MATRIX
.
(4) (a)  Following adoption of the course numbering system, each
higher education institution shall review its course offerings and identify
those general education courses offered by the institution that correspond
with the courses included in the course numbering system. The EACH higher
education institution shall submit its list of identified courses 
IN THE
GUARANTEED TRANSFER PATHWAY MATRIX
, including course descriptions
and, upon request of the commission, summaries of course syllabi, for
review and approval by the commission on or before March 1, 2003, 
AND
ON 
MARCH 1 OF EACH ODD-NUMBERED YEAR THEREAFTER .
(b)  Beginning with the fall semester of 2003, each higher education
institution shall publish, and update as necessary, a list of course offerings
that identifies those general education
 courses offered by the institution that
correspond with the courses included in the course numbering system
GUARANTEED TRANSFER PATHWAY MATRIX .
(5) (a)  All credits earned by a student in any general education
course identified as corresponding with a course included in the course
numbering system shall be THE GUARANTEED TRANSFER PATHWAY MATRIX
ARE
 automatically transferable among
 AND APPLICABLE TO THE STUDENT'S
DECLARED MAJOR OR PROGRAM REQUIREMENTS
. IF THE CREDITS EARNED BY
A STUDENT CANNOT BE APPLIED TO THE STUDENT
'S DECLARED MAJOR OR
PROGRAM REQUIREMENTS
, THE CREDITS MUST BE USED TO FULFILL ANY
REMAINING GENERAL ELECTIVE COURSE REQUIREMENTS NEEDED FOR THE
STUDENT
'S MAJOR OR PROGRAM. IF A STUDENT CHANGES THE STUDENT 'S
MAJOR OR DECLARED PROGRAM OF STUDY
, THE APPLICATION OF TRANSFER
CREDITS TO THE STUDENT
'S NEW MAJOR OR PROGRAM REQUIREMENTS MUST
BE RE
-EVALUATED. THIS REQUIREMENT APPLIES TO all higher education
institutions upon transfer and enrollment
 ACCEPTANCE of the student. All
higher education institutions in Colorado shall participate in the course
PAGE 6-SENATE BILL 24-164 numbering system GUARANTEED TRANSFER PATHWAY MATRIX . The
commission shall adopt such policies and guidelines as may be necessary
for the implementation of this section. Each 
INSTITUTION'S governing board
shall modify its existing policies as may be
 necessary to accept the transfer
of these credits.
(b)  A
LL COURSES IN THE GUARANTEED TRANSFER PATHWAY MATRIX
SYSTEM MUST QUALIFY AS THE SAME COURSE AT THE RECEIVING
INSTITUTION
, IRRESPECTIVE OF THE TOTAL CREDITS ASSIGNED TO THE
COURSE
.
(c)  A
 RECEIVING INSTITUTION SHALL NOT REQUIRE A TRANSFER
STUDENT TO TAKE THE SAME OR SIMILAR COURSES WHO HAS COMPLETED THE
REQUIRED COURSE IN THE GUARANTEED TRANSFER PATHWAY MATRIX
,
REGARDLESS OF WHETHER THE STUDENT EARNED AN ASSOCIATE 'S DEGREE
PRIOR TO TRANSFER
.
(6.5) (a)  N
OTWITHSTANDING SECTION 24-1-136 (11)(a)(I),
BEGINNING JANUARY 2026, AND EVERY JANUARY THEREAFTER , THE
DEPARTMENT SHALL INCLUDE AS PART OF ITS 
"SMART ACT" HEARING,
REQUIRED BY SECTION 2-7-203, A COMPILED REPORT OF INFORMATION
RECEIVED FROM EACH HIGHER EDUCATION INSTITUTION REGARDING
COURSES IN THE GUARANTEED TRANSFER PATHWAY MATRIX THAT INCLUDES
:
(I)  T
HE NUMBER OF UNDERGRADUATE STUDENTS TRANSFERRING TO
THE INSTITUTION AND EACH INSTITUTION THAT A STUDENT IS TRANSFERRING
FROM
;
(II)  T
HE AVERAGE TIME NEEDED TO COMPLETE A BACHELOR 'S
DEGREE FOR A TRANSFER STUDENT COMPARED TO A NON
-TRANSFER
STUDENT
;
(III)  T
HE TOTAL NUMBER OF CREDITS ACCEPTED AND APPLIED
RELATED TO GUARANTEED TRANSFER PATHWAY COURSES
, GENERAL
EDUCATION COURSES
, AND OTHER COURSE EQUIVALENTS ; AND
(IV)  THE NUMBER OF CREDITS THAT WERE ACCEPTED AND NOT
ACCEPTED
, AND THE NUMBER OF CREDITS THAT WERE APPLIED AND WERE
NOT APPLIED TO EACH STUDENT
'S DEGREE PROGRAM COURSE
REQUIREMENTS
, AT THE TIME THE STUDENT INITIALLY TRANSFERRED TO AND
PAGE 7-SENATE BILL 24-164 ENROLLED IN THE INSTITUTION, DISAGGREGATED BY DEGREE PROGRAM .
(b)  U
SING EXISTING STATEWIDE DATA , THE DEPARTMENT SHALL
ALSO INCLUDE THE FOLLOWING INFORMATION FOR EACH INSTITUTION
REGARDING THE TOTAL AMOUNT OF TRANSFER CREDITS EARNED AND THE
TOTAL AMOUNT OF CREDITS APPLIED TOWARD DEGREE REQUIREMENTS IN
THE REPORT REQUIRED IN SUBSECTION
 (6.5)(a) OF THIS SECTION:
(I)
  THE AVERAGE NUMBER OF CREDITS ATTEMPTED AND THE NUMBER
OF CREDITS EARNED TO OBTAIN A BACHELOR
'S DEGREE FOR A TRANSFER
STUDENT COMPARED TO A STUDENT WHO DID NOT TRANSFER TO ANOTHER
INSTITUTION BEFORE EARNING THE BACHELOR
'S DEGREE; AND
(II) THE AVERAGE NUMBER OF ACADEMIC TERMS NEEDED TO
COMPLETE A BACHELOR
'S DEGREE FOR A TRANSFER STUDENT COMPARED TO
A STUDENT WHO DID NOT TRANSFER TO ANOTHER INSTITUTION BEFORE
EARNING THE BACHELOR
'S DEGREE.
(8) (a)  T
HE DEPARTMENT HAS EXCLUSIVE AUTHORITY TO BRING AN
ENFORCEMENT ACTION ON BEHALF OF THE STATE AGAINST AN INSTITUTION
FOR A VIOLATION OF THIS SECTION
.
(b)  P
RIOR TO AN ENFORCEMENT ACTION PURSUANT TO SUBSECTION
(8)(a) OF THIS SECTION, THE DEPARTMENT SHALL ISSUE A NOTICE OF
VIOLATION TO THE INSTITUTION AND EXPLAIN HOW THE INSTITUTION MAY
REMEDY THE VIOLATION
, IF POSSIBLE. IF THE INSTITUTION FAILS TO REMEDY
THE VIOLATION WITHIN THREE MONTHS AFTER RECEIPT OF THE NOTICE OF
VIOLATION
, THE DEPARTMENT MAY BRING AN ENFORCEMENT ACTION
AGAINST THE INSTITUTION
.
(c)  T
HE DEPARTMENT HAS THE AUTHORITY TO OVERTURN A COURSE
TRANSFER DECISION MADE BY AN INSTITUTION REGARDING A COURSE IN THE
GUARANTEED TRANSFER PATHWAY MATRIX THAT IS IN VIOLATION OF THIS
SECTION
.
(d)  A
 STUDENT ENROLLED AT AN INSTITUTION MAY APPEAL AN
INSTITUTION
'S DECISION REGARDING THE DENIAL OF CREDIT FOR COURSES IN
THE GUARANTEED TRANSFER PATHWAY MA TRIX THAT THE STUDENT SEEKS
TO TRANSFER THROUGH AN APPEALS PROCESS ESTABLISHED BY THE
DEPARTMENT
.
PAGE 8-SENATE BILL 24-164 (e)  THE DEPARTMENT MAY PROMULGATE RULES , PURSUANT TO
SECTION 
24-4-103, AS NECESSARY TO IMPLEMENT THIS SUBSECTION (8).
SECTION 3. In Colorado Revised Statutes, add 23-5-150 as
follows:
23-5-150.  Transfer credit review process and nontransferable
credit - notice - definition. (1)  A
N INSTITUTION SHALL PROVIDE A STUDENT
WITH A DETERMINATION REGARDING THE ACCEPTANCE OR DENIAL OF THE
STUDENT
'S REQUEST AND REQUIRED DOCUMENTATION FOR TRANSFER CREDIT
WITHIN THIRTY DAYS AFTER THE STUDENT IS ADMITTED TO THE INSTITUTION
.
(2)  A
N INSTITUTION SHALL PUBLISH THE INSTITUTION'S PROCESS AND
TIMELINE FOR REVIEWING AND MAKING A DECISION REGARDING TRANSFER
CREDIT REQUESTS ON THE INSTITUTION
'S WEBSITE. THE INSTITUTION SHALL
UPDATE ITS WEBSITE WITHIN THIRTY DAYS AFTER MAKING A CHANGE TO ITS
PROCESS AND TIMELINE FOR REVIEWING AND ISSUING DECISIONS REGARDING
TRANSFER CREDIT REQUESTS
.
(3)  A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES
, "INSTITUTION" MEANS A "PUBLIC INSTITUTION OF HIGHER
EDUCATION
" AS DEFINED IN SECTION 23-4.5-102.
SECTION 4. In Colorado Revised Statutes, 23-70-103, amend (3)
as follows:
23-70-103.  Responsibility of governing boards of constituent
institutions. (3)  The respective governing boards of the constituent
institutions shall provide
 ENSURE that credits earned at each of the
constituent institutions shall be ARE transferable between institutions insofar
as they meet the degree and grade requirements of the student's chosen
program of studies at one of the constituent institutions as determined by the
degree-granting institution AS REQUIRED BY SECTION 23-1-108.5.
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
PAGE 9-SENATE BILL 24-164 the support and maintenance of the departments of the state and state
institutions.
____________________________  ____________________________
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 10-SENATE BILL 24-164