CO Code § 23-1-109 (2021)
2021 Colorado Code|Title 23 - Postsecondary Education|Article 1 - Colorado Commission on Higher Education|§ 23-1-109. Duties and Powers of the Commission With Regard to Off-Campus Instruction - Provision of Concurrent Enrollment Programs - Legislative Declaration - Definitions

  The general assembly declares its intent that the state-supported institutions of higher education may engage in instruction off the geographic boundaries of their campuses.    The commission shall define, after consultation with the governing boards of institutions, the geographic and programmatic service areas for each state-supported institution of higher education. No such institution shall provide instruction off-campus in programs or in geographic areas or at sites not approved by the commission, unless otherwise provided by law.    The general assembly declares its intent that all instruction at two-year institutions, including the first two years of instruction at Adams state university and Colorado Mesa university, shall be funded throughout the institutions' commission-approved service area on the same basis as on-campus instruction.    The department shall administer any centralized, statewide extension and continuing education program of instruction that may be offered by any state-supported baccalaureate and graduate institution. All instruction offered outside the geographic boundaries of the campus, including instruction delivered by television or other technological means, shall be a part of this program unless exempted by policy and action of the commission.    The commission shall set policies, after consultation with the governing boards of institutions, which define which courses and programs taught outside the geographic boundaries of the campus may be eligible for general fund support. The commission may include funding for those courses and programs in its systemwide funding recommendations to the general assembly.      As used in this subsection (6), unless the context otherwise requires:   “Commission-approved two-year institution” means the two-year institution of higher education in whose college service area the local education provider is located.    “Two-year institution of higher education” means a state-supported institution of higher education with a two-year role and mission, including the community college role and mission of Adams state university and Colorado Mesa university.       The commission shall establish a policy that facilitates local education provider participation in a concurrent enrollment program or course, pursuant to article 35 of title 22, with a two-year institution of higher education that is outside of the geographic boundaries of the commission-approved college service area in which the local education provider is located. The commission's policy shall apply when a local education provider has requested in writing, after the adoption of the commission policy pursuant to this subsection (6)(b), a concurrent enrollment program or course from the commission-approved two-year institution and the commission-approved two-year institution declines in writing to provide the requested concurrent enrollment program or course. A two-year institution of higher education that fails to agree or decline in writing to provide a concurrent enrollment program or course in response to a written request within forty-five days of receiving the request shall be deemed to have declined to provide the program or course.    Nothing in this section requires a local education provider to enter into a cooperative agreement for a concurrent enrollment program or course or precludes two-year institutions of higher education from entering into voluntary service area waiver agreements under which a two-year institution of higher education agrees to allow another two-year institution of higher education to provide a concurrent enrollment program or course within its commission-approved college service area.    When a two-year institution of higher education provides a concurrent enrollment program or course outside of its commission-approved college service area in accordance with commission policies established pursuant to subsection (6)(b) of this section or pursuant to a voluntary service area waiver agreement with another two-year institution of higher education, the concurrent enrollment program or course shall be funded as though offered as on-campus instruction within the commission-approved college service area of the two-year institution of higher education providing the concurrent enrollment program or course.    Nothing in this subsection (6) affects provisions contained in article 35 of title 22 relating to the tuition rate paid for a concurrent enrollment program or course.         History. Source: L. 85: Entire article R&RE, p. 757, § 1, effective July 1. L. 88: (3) amended, p. 857, § 4, effective July 1. L. 2008: (4) amended, p. 1473, § 9, effective May 28. L. 2011: (3) amended,(SB 11-265), ch. 292, p. 1365, § 14, effective August 10. L. 2012: (3) amended,(HB 12-1080), ch. 189, p. 757, § 9, effective May 19. L. 2018: (6) added,(HB 18-1052), ch. 48, p. 483, § 1, effective August 8.    Editor's note:   This section is similar to former § 23-1-109.5 as it existed prior to 1985.   Cross references:   For the legislative declaration in the 2011 act amending subsection (3), see section 1 of chapter 292, Session Laws of Colorado 2011.   ANNOTATION   Fact that this section may have required a community college to provide educational opportunities to its entire service area did not authorize the college to support an additional location with disbursements of federal funds for which that location was not eligible under federal law. Morgan Cmty. Coll. v. Riley, 968 F. Supp. 1411 (D. Colo. 1997 ).