CO Code § 22-54-138 (2021)
2021 Colorado Code|Title 22 - Education|Article 54 - Public School Finance Act of 1994|§ 22-54-138. Career Development Success Program - Created - Funding - Report - Legislative Declaration - Definitions - Repeal

  As used in this section, unless the context otherwise requires:   “Charter school” means a charter school that enrolls pupils in any of grades nine through twelve and is authorized as a district charter school pursuant to part 1 of article 30.5 of this title or as an institute charter school pursuant to part 5 of article 30.5 of this title.    “Construction industry apprenticeship program” means an apprenticeship program registered with the office of apprenticeship in the United States department of labor or a state apprenticeship program recognized by the United States department of labor that trains individuals for careers in the construction industry.    “Construction industry pre-apprenticeship program” means a program or set of strategies that:   Is designed to prepare individuals for careers in the construction industry by facilitating the entry of individuals into a registered construction industry apprenticeship program;    Has a documented relationship with at least one apprenticeship program registered with the office of apprenticeship in the United States department of labor or a state apprenticeship program recognized by the United States department of labor; and    Meets the quality pre-apprenticeship program standards maintained by the employment and training administration of the United States department of labor.       “Institute” means the state charter school institute established in section 22-30.5-503.    “Nonparticipating district” means a district that chooses not to participate in the career development success program created in this section but that is the authorizer for a participating district charter school.    “Participating charter school” means a charter school that chooses to participate in the career development success program created in this section.    “Participating district” means a district that chooses to participate in the career development success program created in this section.    “Qualified advanced placement course” means a course in computer science that delivers a college-level curriculum and awards postsecondary course credit for pupils who achieve specified scores on the end-of-course examination.    “Qualified industry-credential program” means a career and technical education program that:   Upon completion, results in an industry-recognized credential with labor market value aligned with a high-skill, high-wage, in-demand occupation, as defined by Colorado's state plan for the federal “Strengthening Career and Technical Education for the 21st Century Act (Perkins V)”, Pub.L. 115-224;    Upon completion, results in credits that apply to graduation from a school district, district charter school, or institute charter school, which credits may be earned through concurrent enrollment as provided in article 35 of this title 22; and    Is identified by the Colorado work force development council as provided in subsection (3) of this section.       “Qualified workplace training program” means an internship program, a construction industry apprenticeship program, a construction industry pre-apprenticeship program, or any other industry apprenticeship or pre-apprenticeship program that is identified by the Colorado work force development council as provided in subsection (3) of this section.    Repealed.    “Work force development council” or “council” means the state work force development council created in section 24-46.3-101, C.R.S.       There is created the career development success program in the department of education to provide financial incentives for participating districts and participating charter schools to encourage pupils enrolled in grades nine through twelve to enroll in and successfully complete qualified industry-credential programs; qualified workplace training programs; and qualified advanced placement courses. For the 2017-18 budget year and each budget year thereafter, each participating district and each participating charter school, as provided in subsection (5) of this section, may receive up to one thousand dollars for each pupil who, in the preceding budget year, successfully completes a qualified industry-credential program; qualified workplace training program; or qualified advanced placement course. (2.5)   The general assembly finds and declares that:   On March 11, 2021, the federal government enacted the “American Rescue Plan Act of 2021” (ARPA), Pub.L. 117-2, as the act may be subsequently amended, pursuant to which Colorado will receive $3,828,761,790 from the federal coronavirus state fiscal recovery fund to be used for certain specified purposes, including “to respond to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19) or its negative economic impacts, including assistance to households, small businesses, and nonprofits, or aid to impacted industries such as tourism, travel, and hospitality”;    Under the authority granted pursuant to section 602 (f) of the ARPA, the secretary of the United States treasury adopted regulations providing further guidance to states regarding the authorized uses of the money allocated to states from the federal coronavirus state fiscal recovery fund to respond to the public health emergency or its negative economic impacts, which include:   Providing assistance to unemployed workers, including job training for individuals who want to and are available for work;    Providing aid to impacted industries to respond to the negative economic impacts of the COVID-19 public health emergency; and    Providing programs, services, or other assistance for populations disproportionately impacted by the COVID-19 public health emergency, such as programs or services that address or mitigate the impacts of the public health emergency on education;       Colorado's recovery from the COVID-19 public health emergency requires programs that support a skilled workforce and that mitigate the long-term, negative impacts on educational and economic outcomes for students;    Students from low-income communities, students from communities of color, and first-generation students face increased challenges due to the COVID-19 pandemic and the loss of student and household income and disrupted learning; and    By incentivizing school districts and charter schools to increase the participation of students in qualified industry-credential programs, qualified internships, residency, construction-industry pre-apprenticeship or apprenticeship programs, and advanced placement programs for college credit, school districts and charter schools help mitigate the long-term, negative impacts from the COVID-19 public health emergency on educational and economic outcomes for students from low-income communities, students from communities of color, and first-generation students.       Therefore, the general assembly declares that appropriating a portion of the federal money for the career development success program created in this section will provide the kind of assistance for which Colorado will receive money from the federal coronavirus state fiscal recovery fund and therefore is an appropriate and lawful use of the money transferred to Colorado under the “American Rescue Plan Act of 2021”.    This subsection (2.5) is repealed, effective July 1, 2026.         On or before August 15, 2016, and on or before July 1 each year thereafter, the work force development council, in collaboration with the department of higher education, the department of education, the department of labor and employment, the Colorado community college system, and the Colorado office of economic development, shall publish on the council's website a list of the qualified industry-credential programs and qualified workplace training programs for that school year. At least annually, the council and its partners shall identify and review the qualified industry-credential programs and qualified workplace training programs by identifying the jobs included in the Colorado talent report, prepared pursuant to section 24-46.3-103, with the greatest regional and state demand, including high-skill, high-wage jobs in in-demand industries, and, after consultation with relevant industries, identifying the programs that have labor market value and are likely to lead to the identified jobs. Any programs that the council determines do not demonstrate labor market value may be removed from the council's website.    The work force development council may identify an internship as a qualified internship program only if, in addition to meeting the requirements specified in paragraph (a) of this subsection (3), the council finds that the internship:   Is aligned with a postsecondary education or employment opportunity;    Employs a sufficient number of internship case managers to monitor student participation in the internship;    Provides students with pre-internship training or course work that is designed to prepare the students for the internship; and    Implements adequate safety and supervisory safeguards for the students participating in the internship. (3.5)   Beginning in the 2022-23 school year, and for each school year thereafter, the department of education, in coordination with the department of labor and employment, the department of higher education, the Colorado community college system, and employers from in-demand industries, shall identify the top ten industry-recognized credentials, each of which must at a minimum meet the requirements specified in subsection (3.5)(b) of this section. For each of the identified credentials, the department of education shall identify the state content standards that align with the courses required to obtain the credential and post on the department's website an explanation of the standards and course alignments for each credential.    To be identified as one of the top ten industry-recognized credentials pursuant to subsection (3)(a) of this section:   A credential must be associated with one of the in-demand industries identified by the Colorado talent report, prepared pursuant to section 24-46.3-103 (3) for the applicable year, and Colorado's state plan for the federal “Strengthening Career and Technical Education for the 21st Century Act (Perkins V)”, Pub.L. 115-224;    A high-school level career pathway must have been created for the credential or high schools must have the ability to offer the credential; and    The credential pathway must include concurrent enrollment courses, as provided in the concurrent enrollment programs act, article 35 of this title 22, and be likely to lead to a postsecondary degree and to jobs in high-skill, high-wage, in-demand industries.                  Each district and each charter school may decide annually whether to participate in the career development success program. If a district chooses not to participate in the program but a charter school that is authorized by the district chooses to participate in the program, the nonparticipating district shall report the participating charter school pupil enrollments to the department of education as provided in this subsection (4) on behalf of the participating charter school and distribute to the participating charter school one hundred percent of the money received on behalf of the pupils enrolled in the participating charter school as provided in subsection (5) of this section.    By June 30, 2017, and by June 30 each year thereafter, each participating district, each nonparticipating district on behalf of its participating charter schools, and the institute on behalf of each participating institute charter school, shall report to the department of education the total number of pupils, enrolled in the participating district, the participating charter schools of the nonparticipating district, or the participating institute charter schools who, during the school year that ends on that June 30:   Successfully earned an industry certificate by completing a qualified industry-credential program;    Successfully completed a qualified workplace training program; or    Completed a qualified advanced placement course and earned a score on the end-of-course exam that is eligible for college credit.  (b.5) Each participating district, each nonparticipating district on behalf of its participating charter schools, and the institute on behalf of each participating institute charter school, in addition to reporting the totals, shall disaggregate, to the extent possible while maintaining student privacy, the information reported pursuant to subsection (4)(b) of this section by the students' race, ethnicity, and gender, and whether a student is a student with a disability, an English language learner, or 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.        Each qualified internship program and non-registered apprenticeship program shall determine whether a pupil successfully completes the program.    A pupil successfully completes a qualified industry pre-apprenticeship program if the student completes the course requirements of the program with a passing grade and is accepted into an industry apprenticeship program as a registered apprentice.    A pupil may be reported as successfully completing a qualified industry apprenticeship if the pupil is accepted as a registered apprentice in an industry apprenticeship program and employed in the industry.         Beginning in the 2017-18 budget year and each budget year thereafter, the general assembly shall annually appropriate at least one million dollars to the department of education for the career development success program. The department shall distribute the money as provided in this subsection (5).      For each budget year, the department of education shall first distribute to each district and to the institute an amount equal to one thousand dollars multiplied by the number of pupils reported by the district or the institute as successfully earning an industry certificate by completing a qualified industry-credential program; except that a participating district or participating charter school shall not receive a distribution for more than ten percent of the total number of completed industry certificates reported by districts and the institute. (b) (I) For each budget year, the department of education shall first distribute to each district and to the institute an amount equal to one thousand dollars multiplied by the number of pupils reported by the district or the institute as successfully earning an industry certificate by completing a qualified industry-credential program; except that a participating district or participating charter school shall not receive a distribution for more than ten percent of the total number of completed industry certificates reported by districts and the institute.    Notwithstanding the provisions of subsection (5)(b)(I) of this section, if the amount appropriated is insufficient to fully fund the total number of completed industry certificates eligible for distribution under subsection (5)(b)(I) of this section, the department of education shall reduce the amount distributed to each district and to the institute by the same percentage that the deficit bears to the amount required to fully fund the total number of completed industry certificates eligible for distribution under subsection (5)(b)(I) of this section.       In a budget year in which there is money remaining in the appropriation made pursuant to subsection (5)(a) of this section after distributing the money as provided in subsection (5)(b) of this section, the department of education shall distribute to each district and to the institute an amount equal to one thousand dollars multiplied by the number of pupils reported by the district or the institute as successfully completing a qualified workplace training program; except that, if the amount remaining is insufficient to fully fund the total number of reported pupils, the department of education shall reduce the amount distributed to each district and to the institute by the same percentage that the deficit bears to the amount required to fully fund the total number of pupils reported as successfully completing a qualified workplace training program.    In a budget year in which there is money remaining in the appropriation made pursuant to paragraph (a) of this subsection (5) after distributing the money as provided in paragraphs (b) and (c) of this subsection (5), the department of education shall distribute to each district and to the institute an amount equal to one thousand dollars multiplied by the number of pupils reported by the district or the institute as successfully completing a qualified advanced placement course; except that, if the amount remaining is insufficient to fully fund the total number of reported pupils, the department of education shall reduce the amount distributed to each district and to the institute by the same percentage that the deficit bears to the amount required to fully fund the total number of pupils reported as successfully completing a qualified advanced placement course.         Each district that authorizes a charter school shall forward to the charter school one hundred percent of the amount that the district receives pursuant to subsection (5) of this section for students enrolled in the charter school.    The institute shall forward to each institute charter school one hundred percent of the amount that the institute receives pursuant to subsection (5) of this section for students enrolled in the institute charter school.         Each participating district and each participating charter school shall regularly communicate to all middle and high school students and the students' families:   The availability of qualified industry-credential programs, qualified workplace training programs, and qualified advanced placement courses and the benefits a student receives as a result of successfully completing one of these programs or courses;    How industry-recognized credentials and guaranteed-transfer pathways courses, as defined in section 23-5-145.5 (1)(c), that are included in such credentials are aligned with postsecondary degrees and high-skill, high-wage, in-demand jobs; and    The top ten industry-recognized credentials identified pursuant to subsection (3.5) of this section.       To the extent possible, all communications issued pursuant to this subsection (7) shall be provided in a language that the students and the students' families understand. The goal of the communications must be to increase participation in qualified industry-credential programs; qualified workplace training programs; and qualified advanced placement courses across all student subgroups. (7.5) The department of education shall at least annually provide to each district and charter school that does not participate in the career development success program information explaining the program, including the credentials and advanced placement courses for which a participating district or participating charter school may receive a distribution, the amounts of the distributions, and the requirements and procedures for participating in the program.       At the hearing with the joint education committee of the general assembly held in accordance with section 2-7-203 in November or December 2017, and at the hearing held each year thereafter, the department of education shall provide a report that describes the outcomes achieved by the career development success program. At a minimum, the report must include the following information:   The number of districts and charter schools that participated in the program;    The number of students in each year of the program that the participating districts and participating charter schools reported as earning an industry certificate by completing a qualified industry-credential program; successfully completing a qualified workplace training program; or completing a qualified advanced placement course and earning a score on the end-of-course exam that is eligible for college credit. The department shall report the student numbers in totals and disaggregated based on the student demographics specified in subsection (4)(b.5) of this section.    The specific industry certificates earned;    The total amount appropriated for the program and the amounts distributed pursuant to each of subsections (5)(b), (5)(c), and (5)(d) of this section, in total and to each participating district and participating charter school;    Whether in any year of the program the department was required to make a pro rata reduction in the amounts distributed pursuant to subsection (5)(b), (5)(c), or (5)(d) of this section in accordance with the provisions of said subsections;    To the extent information is available, whether more students met the requirements for funding under the program after the program was enacted as compared to before the program was enacted and the likelihood that a higher level of funding for the program would increase the number of students who meet the requirements for funding under the program;    Whether the students participating in the qualified industry-credential programs; qualified workplace training programs; and qualified advanced placement courses graduated from high school and whether after graduation they enrolled in postsecondary education, enlisted in the military, or entered the workforce, and to the extent practicable, whether the students' careers are related to the industry-recognized credentials completed;    How money received under the program was used to promote the availability of qualified industry-credential programs; qualified workplace training programs; and qualified advanced placement courses; and    How the participating district or participating charter school determined which qualified industry-credential programs; qualified workplace training programs; and qualified advancement placement courses to offer, including how the programs are aligned with state or local workforce needs. (8.5)   No later than July 1, 2022, the department of education, in collaboration with the Colorado community college system, shall publish and disseminate materials through existing and relevant platforms used to engage with districts that include, at a minimum:   The top ten industry-recognized credentials identified pursuant to subsection (3.5) of this section; and    For each of the top ten industry-recognized credentials, a sample communications plan for how a participating district or participating charter school may communicate the value of credentials and experiences to students and parents. The communications plan must include information on how to educate parents and students about how high school credit is tied to credentials and the courses included as a part of the credential pathway based on alignment with the state academic standards, state graduation guidelines adopted pursuant to section 22-2-106 (1)(a.5), and postsecondary credit, which may include credit through concurrent enrollment.       Any materials published and disseminated pursuant to this subsection (8.5) must be made available to middle and high school students at a reasonable time before any participating district's or participating charter school's course selection deadline. (8.7) A participating district or participating charter school shall utilize the money received pursuant to subsection (5) of this section to promote access to qualified industry-credential programs; qualified workplace training programs and qualified advanced placement courses, which may include:   Working with local workforce boards to determine the programs and courses that will help to meet local workforce needs;    Communicating with students and the students' families about the programs and courses in a language that the students and the students' families understand;    Purchasing and maintaining equipment and supplies for the programs and courses, which may include the cost of examinations related to such programs and courses; and    Assisting students, including students who 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., students with disabilities, and students who are English language learners, with the support needed to access and succeed in the programs and courses.             This section is repealed, effective September 1, 2024.     History. Source: L. 2016: Entire section added,(HB 16-1289), ch. 196, p. 688, § 1, effective August 10. L. 2018: (1)(e) to (1)(g), (2), (4)(a), (5)(a), (5)(b), and (7) to (9) amended and (7.5) added,(HB 18-1266), ch. 374, p. 2273, § 1, effective August 8. L. 2021: (2.5) added,(SB 21-268), ch. 222, p. 1186, § 25, effective June 11; (1)(b) and (1)(c)(II) amended,(HB 21-1007), ch. 309, p. 1891, § 7, effective July 1; (1)(i), (1)(j), (2), (3)(a), IP(4)(b), (4)(b)(II), (4)(c), (4)(d), (4)(e), (5)(c), (7), (8)(b), (8)(f), and (8)(g) amended, (1)(k) repealed, and (3.5), (4)(b.5), (8)(h), (8)(i), (8.5), and (8.7) added,(SB 21-119), ch. 383, p. 2562, § 2, effective September 7.    Editor's note:   Section 43 of chapter 222 (SB 21-268), Session Laws of Colorado 2021, provides that the act changing this section takes effect only if HB 21-1264 becomes law. HB 21-1264 became law and took effect June 23, 2021.   Cross references:   For the legislative declaration in SB 21-119, see section 1 of chapter 383, Session Laws of Colorado 2021.