CO Code § 23-18-302 (2021)
2021 Colorado Code|Title 23 - Postsecondary Education|Article 18 - College Opportunity Fund and Higher Education Funding|Part 3 - Higher Education Funding|§ 23-18-302. Definitions - Repeal

 As used in this part 3, unless the context otherwise requires:    “Applicable fiscal year” or “applicable state fiscal year” means the state fiscal year that commences July 1 after the conclusion of the regular legislative session. For example, during the 2015 regular legislative session, the “applicable fiscal year” means the 2015-16 fiscal year.    “Area technical college” has the same meaning as provided in section 23-60-103 (1).    “Commission” means the Colorado commission on higher education established pursuant to section 23-1-102.    “Credential completion” means the calculation of student credential completion by a governing board based on equal weighting of the total resident student completions of postsecondary credentials in a given state fiscal year. The credential completion calculation includes:   Only credentials recognized by the department and determined by commission policy for purposes of this subsection (4); and    Equal weighting for a resident student who transfers out of an institution with a community college role and mission specified in statute, after accumulating at least eighteen credit hours at the institution in a two-year degree program.       “Department” means the Colorado department of higher education established pursuant to section 24-1-114.    “Local district college” means a local district college operating pursuant to article 71 of this title 23.    “Master plan” means the master plan created pursuant to section 23-1-108.    “One-hundred-fifty-percent-of-time graduation rate” means, for a four-year institution, the percentage of first-time, full-time, degree-seeking undergraduate students starting in the fall term and graduating within six years with a bachelor's degree from the same institution, and, for a two-year institution, the percentage of first-time, full-time, associate degree-seeking or undergraduate certificate-seeking students starting in the fall term and completing their declared program within one hundred fifty percent of the normal time to completion, as reported to the integrated postsecondary education data system maintained by the federal department of education. If the integrated postsecondary education data system does not include data for an institution or governing board for prior state fiscal years, the department shall use its available data, as reported by the governing board to the department through the student-unit record database, in place of the missing integrated postsecondary education data system data. The department shall ensure that the governing boards collect and report the data in a consistent manner. A student may be counted only once in a state fiscal year for purposes of this performance funding metric.    “One-hundred-percent-of-time graduation rate” means, for a four-year institution, the percentage of first-time, full-time, degree-seeking undergraduate students starting in the fall term and graduating within four years with a bachelor's degree from the same institution, and, for a two-year institution, the percentage of first-time, full-time, associate degree-seeking or undergraduate certificate-seeking students starting in the fall term and completing their declared program within one hundred percent of the normal time to completion, as reported to the integrated postsecondary education data system maintained by the federal department of education. If the integrated postsecondary education data system does not include data for an institution or governing board for prior state fiscal years, the department shall use its available data, as reported by the governing board to the department through the student-unit record database, in place of the missing integrated postsecondary education data system data. The department shall ensure that the governing boards collect and report the data in a consistent manner. A student may be counted only once in a state fiscal year for purposes of this performance funding metric.    “Pell-eligible student” means an undergraduate student who qualifies for the federal Pell grant or for a grant through a successor program.    “Preceding fiscal year” or “preceding state fiscal year” means the state fiscal year that ends immediately before the applicable fiscal year. For example, during the 2015 regular legislative session, the “preceding fiscal year” means the 2014-15 fiscal year.      “Resident first-generation undergraduate student” means a resident student who, until the age of eighteen, primarily resided with a single parent who does not, or with parents or guardians both of whom do not, possess a bachelor's degree, based on institutional reporting data described in subsection (12)(b) of this section.    Each governing board shall collect and report to the department resident first-generation undergraduate student data based on student reporting as to primary residence until the age of eighteen and the educational attainment of the student's parents or guardians. Data collected must be reported in compliance with this subsection (12) not later than the census student data for the fall 2020 term and for each fall term thereafter. The department shall ensure that the governing boards collect and report the data in a consistent manner.       “Resident first-generation undergraduate student population share” means the resident first-generation undergraduate student head count as a percentage of the overall resident student population head count from the fall enrollment census collected by the department.    “Resident Pell-eligible student population share” means the resident Pell-eligible student head count as a percentage of the overall resident student population head count from the end-of-term fall enrollment collected by the department.    “Resident student full-time equivalent enrollment” means the final state fiscal year count of resident undergraduate and graduate full-time equivalent students enrolled at a state institution of higher education, not including resident graduate students at the university of Colorado Anschutz medical campus and graduate students at the Colorado state university veterinary medicine campus.    “Resident underrepresented minority student population share” means the total resident student head count of underrepresented minority students, as defined by the department, as a percentage of the overall resident student population head count from the end-of-term fall enrollment collected by the department.    “Retention rate” means, for a four-year institution, the percentage of first-time, full-time undergraduate students starting in the fall term and returning for their second fall term at the same institution, and, for a two-year institution, the percentage of first-time, full-time associate degree-seeking or undergraduate certificate-seeking students starting in the fall term and either returning for or successfully completing their declared program by the second fall term at the same institution, as reported to the integrated postsecondary education data system maintained by the federal department of education. If the integrated postsecondary education data system does not include data for an institution or governing board for prior state fiscal years, the department shall use its available data, as reported by the governing board to the department through the student-unit record database, in place of the missing integrated postsecondary education data system data. The department shall ensure that the governing boards collect and report the data in a consistent manner. A student may be counted only once in a state fiscal year for purposes of this performance funding metric.      “Role and mission share” means the percentage share of funding appropriated to each governing board of the total amount appropriated in the preceding state fiscal year pursuant to sections 23-18-202 and 23-18-303.5, excluding the amount appropriated pursuant to section 23-18-303.5 (3).      Notwithstanding the provisions of subsection (18)(a) of this section to the contrary, for the 2021-22 state fiscal year, the role and mission share is calculated as the percentage share of funding appropriated to each governing board of the total amount appropriated in the 2019-20 state fiscal year pursuant to sections 23-18-202 and 23-18-303. (b) (I) Notwithstanding the provisions of subsection (18)(a) of this section to the contrary, for the 2021-22 state fiscal year, the role and mission share is calculated as the percentage share of funding appropriated to each governing board of the total amount appropriated in the 2019-20 state fiscal year pursuant to sections 23-18-202 and 23-18-303.    This subsection (18)(b) is repealed, effective July 1, 2022.          “State institution of higher education” or “institution” has the same meaning as defined in section 23-18-102 (10).    “Total governing board appropriation”:   For the applicable fiscal year or applicable state fiscal year, has the same meaning as the total state appropriation for the applicable fiscal year, as applied to a governing board.    For the preceding fiscal year or preceding state fiscal year, has the same meaning as the total state appropriation for the preceding fiscal year, as applied to a governing board.         “Total state appropriation” means, for state fiscal years beginning before July 1, 2021:   For the preceding fiscal year or preceding state fiscal year, the sum of:   The total amount appropriated in the annual general appropriations act for the preceding fiscal year to the governing boards of the state institutions of higher education for fee-for-service contracts determined pursuant to section 23-18-303 and the amount of the appropriation to the college opportunity fund established in section 23-18-202 for student stipends. This amount is the amount as enacted during the legislative session in which the act was initially adopted, unless otherwise specified in a supplemental appropriations act.    Appropriations pursuant to sections 23-18-202 and 23-18-303 that were included in acts other than the annual general appropriations act for the preceding fiscal year that were enacted during the same legislative session as the annual general appropriations act, unless the act otherwise specifies.       For the applicable fiscal year or applicable state fiscal year, the total amount appropriated in the annual general appropriations act for the fiscal year to the governing boards of the state institutions of higher education for fee-for-service contracts determined pursuant to section 23-18-303 and the amount of the appropriation to the college opportunity fund established in section 23-18-202 for student stipends. This amount includes only the amounts enacted in the annual general appropriations act as initially enacted, unless a supplemental appropriations act or another act otherwise specifies. The total state appropriation for the applicable fiscal year excludes any out-year costs or savings from legislation adopted in previous years that the general assembly determines were not accounted for in the preceding fiscal year's appropriations.       This subsection (21) is repealed, effective July 1, 2022.         “Total state appropriation” means, for state fiscal years beginning on or after July 1, 2021:   For the preceding fiscal year or preceding state fiscal year, the sum of:   The total amount appropriated in the annual general appropriations act for the preceding fiscal year to the governing boards of the state institutions of higher education for fee-for-service contracts determined pursuant to section 23-18-303.5, excluding amounts appropriated pursuant to section 23-18-303.5 (3), and the amount of the appropriation to the college opportunity fund established in section 23-18-202 for student stipends. This amount is the amount as enacted during the legislative session in which the act was initially adopted, unless otherwise specified in a supplemental appropriations act.    Appropriations pursuant to sections 23-18-202 and 23-18-303.5, excluding amounts appropriated pursuant to section 23-18-303.5 (3), that were included in acts other than the annual general appropriations act for the preceding fiscal year that were enacted during the same legislative session as the annual general appropriations act, unless the act otherwise specifies.       For the applicable fiscal year or applicable state fiscal year, the total amount appropriated in the annual general appropriations act for the fiscal year to the governing boards of the state institutions of higher education for fee-for-service contracts determined pursuant to section 23-18-303.5, excluding amounts appropriated pursuant to section (2) and (3), and the amount of the appropriation to the college opportunity fund established in section 23-18-202 for student stipends. This amount includes only the amounts enacted in the annual general appropriations act as initially enacted, unless a supplemental appropriations act or another act otherwise specifies. The total state appropriation for the applicable fiscal year excludes any out-year costs or savings from legislation adopted in previous years that the general assembly determines were not accounted for in the preceding fiscal year's appropriations.         Notwithstanding the provisions of this subsection (22), for the 2021-22 state fiscal year, in calculating the percentage change in the total state appropriation for the applicable state fiscal year from the preceding state fiscal year, the total state appropriation for the preceding state fiscal year has the same meaning as set forth in subsection (21)(a) of this section. (b) (I) Notwithstanding the provisions of this subsection (22), for the 2021-22 state fiscal year, in calculating the percentage change in the total state appropriation for the applicable state fiscal year from the preceding state fiscal year, the total state appropriation for the preceding state fiscal year has the same meaning as set forth in subsection (21)(a) of this section.    This subsection (22)(b) is repealed, effective July 1, 2022.           History. Source: L. 2014: Entire part added, (HB 14-1319), ch. 169, p. 599, § 1, effective May 9. L. 2015: (9) amended, (HB 15-1254), ch. 57, p. 136, § 1, effective March 30; (1), (9), and (10) amended and (1.5) and (7.5) added, (SB 15-237), ch. 129, p. 400, § 1, effective May 1. L. 2016: (1.5) amended, (HB 16-1082), ch. 58, p. 146, § 21, effective August 10. L. 2020: Entire section amended, (HB 20-1366), ch. 181, p. 822, § 2, effective June 29.