CO Code § 23-18-304 (2021)
2021 Colorado Code|Title 23 - Postsecondary Education|Article 18 - College Opportunity Fund and Higher Education Funding|Part 3 - Higher Education Funding|§ 23-18-304. Funding for Specialty Education Programs - Area Technical Colleges - Local District Colleges - Repeal

      For the 2015-16 state fiscal year and each fiscal year thereafter, the board of regents of the university of Colorado may annually negotiate a fee-for-service contract with the department for the delivery of specialty education services provided by the health sciences center campus of the university of Colorado, established pursuant to section 23-20-101. For the 2015-16 state fiscal year and each fiscal year thereafter, the board of governors of the Colorado state university system may annually negotiate fee-for-service contracts with the department for the delivery of specialty education services pursuant to part 3 and parts 5 to 8 of article 31 of this title, and the veterinary medicine program at Colorado state university, established pursuant to section 23-31-101. The amount of each fee-for-service contract negotiated pursuant to this section must be equal to the amount of the fee-for-service contract for the campus, service, or program for the preceding state fiscal year, increased or decreased by a percentage equal to the percentage change in the total state appropriation for the applicable state fiscal year from the total state appropriation for the preceding state fiscal year. (a) (I)For the 2015-16 state fiscal year and each fiscal year thereafter, the board of regents of the university of Colorado may annually negotiate a fee-for-service contract with the department for the delivery of specialty education services provided by the health sciences center campus of the university of Colorado, established pursuant to section 23-20-101. For the 2015-16 state fiscal year and each fiscal year thereafter, the board of governors of the Colorado state university system may annually negotiate fee-for-service contracts with the department for the delivery of specialty education services pursuant to part 3 and parts 5 to 8 of article 31 of this title, and the veterinary medicine program at Colorado state university, established pursuant to section 23-31-101. The amount of each fee-for-service contract negotiated pursuant to this section must be equal to the amount of the fee-for-service contract for the campus, service, or program for the preceding state fiscal year, increased or decreased by a percentage equal to the percentage change in the total state appropriation for the applicable state fiscal year from the total state appropriation for the preceding state fiscal year.    Notwithstanding the provisions of subparagraph (I) of this paragraph (a) to the contrary, the fee-for-service contract for the health sciences center campus of the university of Colorado and the veterinary medicine program at Colorado state university may increase by a percentage that is greater than the percentage change in the total state appropriation for the applicable fiscal year from the total state appropriation for the preceding state fiscal year and may decrease by a percentage that is less than the percentage change in the total state appropriation for the applicable fiscal year from the total state appropriation for the preceding state fiscal year. In determining the amount of the fee-for-service contracts, the department shall take into account the fact that the health sciences center campus at the university of Colorado and the veterinary medicine program at Colorado state university are high-cost, low-enrollment programs.       If, upon the recommendation of the commission and the department, the joint budget committee determines that an educational program that is not included in paragraph (a) of this subsection (1) should receive funding as a specialty education program pursuant to this section, the joint budget committee may introduce legislation that designates the program as a specialty education program funded pursuant to this section.      Specialty education services provided by the health sciences center campus at the university of Colorado as authorized by subsection (1)(a) of this section include care provided by the faculty of the health sciences center campus at the university of Colorado that are eligible for payment pursuant to section 25.5-4-401. (c) (I) Specialty education services provided by the health sciences center campus at the university of Colorado as authorized by subsection (1)(a) of this section include care provided by the faculty of the health sciences center campus at the university of Colorado that are eligible for payment pursuant to section 25.5-4-401.    (A) Notwithstanding the provisions of subsection (1)(a)(I) of this section for the 2019-20, 2020-21, and any subsequent state fiscal years, as long as the increased reimbursements and payments pursuant to the federal “Families First Coronavirus Response Act”, Pub.L. 116-127, are still available, the appropriations to the university of Colorado for fee-for-service contracts for the services provided pursuant to subsection (1)(c)(I) of this section are reduced by the amount of the federal participation received that exceeds fifty percent pursuant to the federal“Families First Coronavirus Response Act”, Pub.L. 116-127, or any amendment thereto.            Except as provided in subsection (2)(b) of this section, for the 2015-16 state fiscal year and each fiscal year thereafter, the direct grants made to eligible area technical colleges pursuant to part 3 of article 71 of this title 23 for a state fiscal year must be equal to the amount of the grants made in the preceding state fiscal year, increased or decreased by a percentage equal to the percentage change in the total state appropriation for the applicable state fiscal year from the total state appropriation for the preceding state fiscal year.    The commission may recommend as part of its budget request that:   Direct grants to area technical colleges increase by a percentage that is greater than the percentage change in the total state appropriation for the preceding state fiscal year or decrease by a percentage that is less than the percentage change in the total state appropriation for the applicable fiscal year from the total state appropriation for the preceding state fiscal year; and    In addition to the amount received pursuant to subsection (2)(a) or (2)(b)(I) of this section, one or more area technical colleges receive additional money for grants pursuant to section 23-71-304.            Except as provided in paragraph (b) of this subsection (3), for the 2015-16 state fiscal year and each fiscal year thereafter, the amount of the direct grant made to Colorado mountain college and the amount of the direct grant made to Aims community college, as provided in part 3 of article 71 of this title, for a state fiscal year must be equal to the amount of the direct grant made to each institution in the preceding state fiscal year, increased or decreased by a percentage equal to the percentage change in the total state appropriation for the applicable state fiscal year from the total state appropriation for the preceding state fiscal year.    The commission may recommend as part of its budget request for Colorado mountain college and Aims community college that the direct grant to either or both institutions increase by a percentage that is greater than the percentage change in the total state appropriation for the preceding state fiscal year or decrease by a percentage that is less than the percentage change in the total state appropriation for the applicable fiscal year from the total state appropriation for the preceding state fiscal year.    Colorado mountain college may elect to participate in the funding provisions specified in section 23-18-303.5 in lieu of the funding provisions specified in subsections (3)(a) and (3)(b) of this section. Colorado mountain college must notify the commission by August 1 of its intention to participate in the funding provisions specified in section 23-18-303.5 for the following state fiscal year. If Colorado mountain college elects to participate in the funding provisions of section 23-18-303.5, the department shall apply the funding provisions of section 23-18-303.5 to Colorado mountain college in the same manner as they are applied to all other institutions, and Colorado mountain college must receive levels of funding that are comparable to the funding received by the governing boards in accordance with the provisions of section 23-18-303.5.       The governing boards of institutions with specialty education programs, the area technical colleges, the local district colleges, and the commission are encouraged to develop funding models that include specific performance metrics to ensure that these programs and institutions are meeting the policy goals established by the general assembly and adopted by the commission in its master plan.     History. Source: L. 2014: Entire part added,(HB 14-1319), ch. 169, p. 604, § 1, effective May 9. L. 2015: (3)(a) and (3)(b) amended,(HB 15-1224), ch. 94, p. 267, § 2, effective April 10. L. 2016: (1)(c) added,(HB 16-1408), ch. 153, p. 461, § 3, effective July 1; (2)(a), (2)(b), and (4) amended,(HB 16-1082), ch. 58, p. 146, § 23, effective August 10. L. 2017: (2)(b) and (3)(b) amended,(SB 17-297), ch. 210, p. 820, § 15, effective May 18. L. 2019: (2) amended,(SB 19-097), ch. 115, p. 490, § 3, effective April 16. L. 2020: (1)(c) amended,(HB 20-1385), ch. 173, p. 797, § 4, effective June 29; (3)(c) amended,(HB 20-1366), ch. 181, p. 834, § 13, effective July 1, 2021. L. 2021: (1)(c)(II) amended,(SB 21-213), ch. 88, p. 365, § 4, effective May 4.    Cross references:   For the legislative declaration in SB 19-097, see section 1 of chapter 115, Session Laws of Colorado 2019.