CO Code § 22-35-104 (2021)
2021 Colorado Code|Title 22 - Education|Article 35 - Concurrent Enrollment Programs Act|§ 22-35-104. Enrollment in an Institution of Higher Education - Cooperative Agreement

      Beginning in the 2020-21 school year and in each school year thereafter, each local education provider that enrolls students in grades nine through twelve shall provide qualified students the opportunity to concurrently enroll in postsecondary courses, including academic courses and career and technical education courses, which may include course work related to apprenticeship programs or internship programs, as provided in this article 35. The local education provider may determine the manner in which concurrent enrollment opportunities are provided. (a) (I)Beginning in the 2020-21 school year and in each school year thereafter, each local education provider that enrolls students in grades nine through twelve shall provide qualified students the opportunity to concurrently enroll in postsecondary courses, including academic courses and career and technical education courses, which may include course work related to apprenticeship programs or internship programs, as provided in this article 35. The local education provider may determine the manner in which concurrent enrollment opportunities are provided.    A qualified student enrolled in a high school of a school district who applies to and receives approval from the superintendent of the school district or the superintendent's designee, or a qualified student enrolled in a district charter school, an institute charter school, or a high school of a BOCES who applies to and receives approval from the chief administrator of the district charter school, an institute charter school, or a high school of a BOCES, pursuant to subsection (2) of this section may register with and concurrently enroll in an institution of higher education in accordance with the provisions of this article 35. A superintendent, the superintendent's designee, or the chief administrator of a school shall not unreasonably deny a qualified student approval to concurrently enroll in postsecondary courses pursuant to this article 35. A local education provider may expand its ability to provide access to concurrent enrollment opportunities as provided in section 23-1-109 (6).    Except as described in subsections (1)(c) and (1)(d) of this section and sections 22-35-108 and 22-35-109, a local education provider shall not limit the number of postsecondary courses, including academic courses and career and technical education courses, which may include course work related to apprenticeship programs or internship programs, in which a qualified student may concurrently enroll during the ninth, tenth, eleventh, or twelfth grade, except to the degree that the local education provider is unable to provide access to the postsecondary courses due to technological capacity.         Each local education provider shall annually notify all students and parents or legal guardians of students enrolled in the local education provider of the opportunity for concurrent enrollment by qualified students in postsecondary courses, including academic courses and career and technical education courses, including course work related to apprenticeship programs and internship programs. The notice provided pursuant to this subsection (1)(b)(I) must include the local education provider's timelines affecting student eligibility for concurrent enrollment courses and a statement informing students that they may significantly reduce their college expenses, increase the likelihood that they will complete college, and earn marketable workforce skills by taking concurrent enrollment courses. In providing notice of concurrent enrollment opportunities, a local education provider and an institution of higher education shall not refer to enrollment in a program or course as concurrent enrollment if the program or course does not meet the definition of concurrent enrollment or if the conditions of enrollment do not meet the requirements specified in this section. (b) (I) Each local education provider shall annually notify all students and parents or legal guardians of students enrolled in the local education provider of the opportunity for concurrent enrollment by qualified students in postsecondary courses, including academic courses and career and technical education courses, including course work related to apprenticeship programs and internship programs. The notice provided pursuant to this subsection (1)(b)(I) must include the local education provider's timelines affecting student eligibility for concurrent enrollment courses and a statement informing students that they may significantly reduce their college expenses, increase the likelihood that they will complete college, and earn marketable workforce skills by taking concurrent enrollment courses. In providing notice of concurrent enrollment opportunities, a local education provider and an institution of higher education shall not refer to enrollment in a program or course as concurrent enrollment if the program or course does not meet the definition of concurrent enrollment or if the conditions of enrollment do not meet the requirements specified in this section.    At least six weeks prior to the beginning of the enrollment period for postsecondary concurrent enrollment courses, the local education provider shall provide to each student and the parent or legal guardian of the student written notice, which notice may be sent electronically, of all postsecondary courses offered for concurrent enrollment at no tuition cost to the qualified student or the qualified student's parent or legal guardian at the local education provider's facility, options for enrolling in concurrent enrollment courses at no tuition cost to the qualified student or the qualified student's parent or legal guardian at an institution of higher education's facility, any anticipated cost to the qualified student for fees or books for those courses, and the number and transferability of course credits that a qualified student may earn by enrolling in the concurrent enrollment courses.    At the time of enrollment, each local education provider shall notify the qualified student and the qualified student's parent or legal guardian of the number and transferability of the postsecondary credits the qualified student may earn by completing the concurrent enrollment course, including whether the credits apply toward completion of developmental education courses, whether the credits apply to one or more approved postsecondary career and technical education programs, whether the credits are approved by the department of higher education for transfer from a two-year institution to a four-year institution in satisfaction of prerequisite courses for a specific major, whether the credits are approved for statewide transfer pursuant to section 23-1-125, and whether the credits are part of a statewide degree transfer agreement pursuant to section 23-1-108 (7)(a).    The notice described in subsection (1)(b)(III) of this section must include information about other postsecondary courses available to the qualified student through concurrent enrollment at no cost to the qualified student that are credit-bearing and applicable toward earning a degree or certificate at the institution of higher education offering the course or at another institution of higher education if the course is approved for statewide transfer pursuant to section 23-1-125.    The institution of higher education that offers a postsecondary course through concurrent enrollment shall inform the local education provider as to the number and transferability of the course credits and any anticipated costs for fees or books for the course.  (b.5) In addition to the notice requirements specified in subsection (1)(b) of this section, beginning in the 2021-22 school year, each local education provider shall collaborate with the community college system in providing concurrent enrollment information as described in section 23-60-202.7 (4) to the parents of students enrolled in grades six through eight.        Notwithstanding the provisions of subsection (1)(a) of this section, beginning with the 2022-23 school year and for school years thereafter, a qualified student may concurrently enroll in a developmental education course only if the student is included within the enrolling institution's developmental education enrollment limitation specified in section 23-1-113.3 (1)(a)(I). A qualified student may enroll in gateway courses in English or mathematics, as defined in section 23-1-113 (11)(b.5), with additional supports, if needed, through supplemental academic instruction, as defined in section 23-1-113 (11)(e).    Notwithstanding the provisions of subsection (1)(a) of this section, if a qualified student is not a participant in the ASCENT or TREP program and has not satisfied the minimum requirements for graduation established by his or her local education provider by the end of his or her twelfth-grade year and is therefore retained by the local education provider for additional instruction, the qualified student shall not concurrently enroll in postsecondary courses, including academic or career and technical education courses, which may include course work related to apprenticeship programs or internship programs, that are worth more than a total of nine credit hours, including gateway courses, as defined in section 23-1-113 (11)(b.5), with additional supports through supplemental academic instruction, as defined in section 23-1-113 (11)(e). Furthermore, the qualified student shall not concurrently enroll in more than:   Six credit hours of postsecondary courses, including academic courses and career and technical education courses, which may include course work related to apprenticeship programs or internship programs, in any academic semester if the student is registered as a full-time pupil in his or her local education provider; or    Three credit hours of postsecondary courses, including academic courses and career and technical education courses, which may include course work related to apprenticeship programs or internship programs, in any academic semester if the student is registered as a part-time pupil in his or her local education provider.       Except as described in paragraphs (c) and (d) of this subsection (1) and sections 22-35-108 and 22-35-109, the state board by rule shall not limit the number of postsecondary courses, including academic courses and career and technical education courses, which may include course work related to apprenticeship programs or internship programs, in which a qualified student may concurrently enroll during the ninth, tenth, eleventh, or twelfth grade.           A qualified student enrolled in a high school of a school district who seeks to concurrently enroll in an institution of higher education shall apply to the superintendent of the student's school district, or the superintendent's designee, for approval of concurrent enrollment not later than sixty days before the end of the academic term that immediately precedes the intended term of concurrent enrollment; except that a superintendent or superintendent's designee may waive the time limitation at his or her discretion. (a) (I)A qualified student enrolled in a high school of a school district who seeks to concurrently enroll in an institution of higher education shall apply to the superintendent of the student's school district, or the superintendent's designee, for approval of concurrent enrollment not later than sixty days before the end of the academic term that immediately precedes the intended term of concurrent enrollment; except that a superintendent or superintendent's designee may waive the time limitation at his or her discretion.    A qualified student enrolled in a district charter school, an institute charter school, or a high school of a BOCES who seeks to concurrently enroll in an institution of higher education shall apply to the chief administrator of the district charter school, institute charter school, or high school of a BOCES for approval of concurrent enrollment no later than sixty days before the end of the academic term that immediately precedes the intended term of concurrent enrollment; except that the chief administrator may waive the time limitation at his or her discretion.    In applying for concurrent enrollment approval, a qualified student shall use the standard application form created and made publicly available by his or her local education provider pursuant to paragraph (c) of this subsection (2).       If a superintendent of a school district, the superintendent's designee, or a chief administrator of a district charter school, institute charter school, or high school of a BOCES receives a timely application from a qualified student pursuant to subsection (2)(a) of this section, the superintendent, superintendent's designee, or chief administrator of a district charter school, institute charter school, or high school of a BOCES shall approve or disapprove the application and notify the student of the decision. In considering applications, the superintendent, designee, or chief administrator shall give priority consideration to qualified students who, by the time they would concurrently enroll, will have completed the high school graduation requirements and are applying for concurrent enrollment to begin earning credits toward a postsecondary degree or certificate.    On or before July 1, 2011, and thereafter, each local education provider that has entered into a cooperative agreement shall create and make publicly available a standard concurrent enrollment application form for use by a qualified student pursuant to this subsection (2). In creating the application form, the local education provider shall refer to the guidelines established by rules promulgated by the state board pursuant to section 22-35-111 (1)(a). The application form shall require, at a minimum, a qualified student to specify the courses in which he or she seeks to concurrently enroll.       A qualified student who seeks to concurrently enroll in an institution of higher education shall establish, in consultation with the administration of his or her local education provider, an academic plan of study that describes all of the courses that the student intends to complete to satisfy his or her remaining requirements for graduation from the local education provider. Prior to the qualified student's concurrent enrollment in the institution of higher education, the principal, a counselor, or a teacher advisor of the qualified student's local education provider shall approve the academic plan of study. In approving an academic plan of study, a principal, counselor, or teacher advisor shall apply the guidelines established by rules promulgated by the state board pursuant to section 22-35-111 (1)(b).      A qualified student who intends to concurrently enroll in a postsecondary course, including an academic course or a career and technical education course, at an institution of higher education shall satisfy the minimum prerequisites for the course prior to his or her enrollment in the course.    If a qualified student who has applied for concurrent enrollment in a postsecondary course, including an academic course or a career and technical education course, has not satisfied the minimum prerequisites for the course, he or she may concurrently enroll in a gateway course, as defined in section 23-1-113 (11)(b.5), with additional supports through supplemental academic instruction, as defined in section 23-1-113 (11)(e).    An institution of higher education that refuses to allow a qualified student to concurrently enroll in a course for which the student has not satisfied the minimum prerequisites may allow the student to concurrently enroll in another course for which the student appears to be prepared.       A course, including course work related to an apprenticeship program or internship program, successfully completed by a qualified student through concurrent enrollment at an institution of higher education counts for credit toward the qualified student's high school graduation requirements at his or her local education provider.      A local education provider that seeks to allow students to concurrently enroll in postsecondary courses, including academic courses and career and technical education courses, which may include course work related to apprenticeship programs and internship programs, at an institution of higher education shall enter into a cooperative agreement with the institution of higher education.    A cooperative agreement must include, but need not be limited to:   The amount and transferability of academic credit to be granted for course work successfully completed by a qualified student concurrently enrolled in the institution of higher education;    A requirement that course work completed by a qualified student through concurrent enrollment at the institution of higher education qualify as a gateway course, as defined in section 23-1-113 (11)(b.5), with academic instruction credit or academic credit that applies toward completion of developmental education courses, toward earning a certificate or degree awarded through an approved postsecondary career and technical education program, is approved by the department of higher education for transfer from a two-year institution to a four-year institution in satisfaction of prerequisite courses for a specific major, is approved for statewide transfer pursuant to section 23-1-125, or is part of a statewide degree transfer agreement pursuant to section 23-1-108 (7)(a);    A requirement that the local education provider pay the tuition for each course completed by a qualified student through concurrent enrollment at the institution of higher education in an amount that shall be negotiated by the local education provider and the institution pursuant to the provisions of section 22-35-105 (3);    A requirement that the local education provider and the institution of higher education establish an academic program of study for each qualified student who concurrently enrolls in the institution, which academic program of study shall include the academic plan of study established pursuant to subsection (3) of this section and a plan by which the local education provider shall make available to the student ongoing counseling and career planning; (IV.5) Provisions pursuant to which the local education provider and the institution of higher education may share student contact and academic information to facilitate the qualified student's concurrent enrollment and the recording of the qualified student's academic performance in the concurrent enrollment course;    A confirmation by the local education provider of the qualified student's uniquely identifying student number, which shall be retained by the institution of higher education for the purposes described in section 23-18-202 (5)(c)(I)(B), C.R.S.;    Language authorizing the payment of stipends from the college opportunity fund program, part 2 of article 18 of title 23, C.R.S., on behalf of the qualified student; except that a cooperative agreement need not include this language if the institution of higher education that is a party to the cooperative agreement does not receive stipends from the college opportunity fund program;    Consideration and identification of ways in which qualified students who concurrently enroll in postsecondary courses, including academic courses or career and technical education courses, which may include course work related to apprenticeship programs and internship programs, can remain eligible for interscholastic high school activities; and    Other financial provisions that the local education provider and the institution of higher education may elect to include in the agreement pursuant to the provisions of section 22-35-105 (5).       An institution of higher education that enters into a cooperative agreement with a local education provider shall provide a copy of the cooperative agreement to the department of higher education, which shall retain the copy. If the cooperative agreement contemplates the provision of career and technical education courses, which may include course work related to apprenticeship programs or internship programs, to qualified students, the institution shall also provide a copy of the cooperative agreement to the state board for community colleges and occupational education, which shall retain the copy.       A postsecondary instructor shall not be required to hold a teacher's license or authorization issued pursuant to the provisions of article 60.5 of this title in order to instruct a qualified student who is concurrently enrolled in a course offered by an institution of higher education.      A district charter school may elect to allow a qualified student of the district charter school to concurrently enroll pursuant to the provisions of a cooperative agreement that is entered into by either:   The school district of the district charter school and an institution of higher education; or    The district charter school and an institution of higher education.       If a district charter school elects to allow a qualified student of the district charter school to concurrently enroll pursuant to the provisions of a cooperative agreement that is entered into by the school district of the district charter school and an institution of higher education:   The district charter school shall be responsible for paying the tuition for each course that is completed by the qualified student pursuant to the cooperative agreement; and    The qualified student of the district charter school shall not concurrently enroll unless, not later than sixty days before the end of the academic term that immediately precedes the intended term of concurrent enrollment, he or she applies for approval of concurrent enrollment from the superintendent of the school district or his or her designee, and the superintendent or his or her designee grants such approval or waives this time limitation, as described in subsection (2) of this section.       If a district charter school elects to allow a qualified student of the district charter school to concurrently enroll as described in subparagraph (I) or (II) of paragraph (a) of this subsection (8), nothing in this article shall be interpreted to entitle the district charter school to any moneys from the school district of the district charter school other than those moneys to which the district charter school is entitled pursuant to the provisions of this title.    The authorizing school district of a district charter school shall not prohibit the district charter school from allowing qualified students of the district charter school to concurrently enroll, subject to the approval of the superintendent or his or her designee as provided in subsection (8)(b)(II) of this section, pursuant to the provisions of a cooperative agreement that is entered into by the school district and an institution of higher education.       A student who concurrently enrolls at an institution of higher education pursuant to this article shall not be disqualified or otherwise rendered ineligible for any state-based financial assistance for which he or she would otherwise be eligible as an entering student at the institution.      Each public institution of higher education is strongly encouraged to allow the concurrent enrollment of qualified students pursuant to this article.    Nothing in this article shall be interpreted to require an institution of higher education to allow the concurrent enrollment of qualified students pursuant to this article or to require an institution of higher education to enter into a cooperative agreement with a local education provider; except that an institution of higher education that elects to allow the concurrent enrollment of a qualified student pursuant to this article shall enter into a cooperative agreement with the local education provider of the student as described in subsection (6) of this section.       On or before January 1, 2010, the department shall explore strategies by which the state may provide opportunities for children who are participating in a home-based educational program pursuant to section 22-33-104.5 to participate in a concurrent enrollment program.    On and after July 1, 2012, except as provided in section 22-35-110 (4), the concurrent enrollment of a student is prohibited except as permitted by the provisions of this article.    Notwithstanding any other provision of this article, a qualified student shall not concurrently enroll in a course that is offered by a postsecondary career and technical education program, including a course that is related to an apprenticeship program or internship program, unless the course is included in a postsecondary degree or certificate program that is approved by the state board for community colleges and occupational education.    If a qualified student concurrently enrolls in a course that is provided by a postsecondary career and technical education program, including a course that is related to an apprenticeship program or internship program, the instructor of the course must possess a current career and technical education teaching credential that has been authorized by the state board for community colleges and occupational education.    A local education provider that offers courses for concurrent enrollment that are taught by employees of the local education provider may contract with another local education provider to allow qualified students enrolled by the contracting local education provider to participate in the concurrent enrollment courses.     History. Source: L. 2009: Entire article R&RE,(HB 09-1319), ch. 286, p. 1303, § 1, effective May 21; (1)(b), (1)(d), (1)(e), (4)(a), IP(4)(b), and (6) amended and (13) and (14) added,(SB 09-285), ch. 425, p. 2371, § 3, effective June 4. L. 2012: (2)(b) amended,(HB 12-1043), ch. 209, p. 899, § 3, effective August 8. L. 2015: (1)(b), (1)(d), (1)(e), (5), (6)(a), IP(6)(b), (6)(b)(VII), (6)(c), (13), and (14) amended,(HB 15-1275), ch. 223, p. 814, § 2, effective May 22. L. 2016: (1)(b) amended,(HB 16-1144), ch. 61, p. 161, § 1, effective March 31. L. 2018: (1)(b) amended,(HB 18-1005), ch. 54, p. 500, § 1, effective August 8. L. 2019: (1)(c), IP(1)(d), (2)(b), (4)(b), and (6)(b)(II) amended,(HB 19-1206), ch. 133, p. 602, § 12, effective April 25; (1)(a), (1)(b), (1)(c), (6)(b)(I), and (6)(b)(II) amended and (6)(b)(IV.5), (8)(d), and (15) added,(SB 19-176), ch. 244, pp. 2380, 2390, §§ 2, 12, effective August 2. L. 2020: (1)(b.5) added,(SB 20-095), ch. 180, p. 819, § 2, effective June 29. L. 2021: IP(1)(d) amended,(SB 21-185), ch. 246, p. 1335, § 12, effective September 7.    Editor's note:    This section is similar to former § 22-35-104 as it existed prior to 2009.    Amendments to subsection (6)(b)(II) by HB 19-1206 and SB 19-176 were harmonized.     Cross references:   For the legislative declaration in HB 19-1206, see section 1 of chapter 133, Session Laws of Colorado 2019.