2023 Colorado Revised Statutes › Title 23 - POSTSECONDARY EDUCATION (§§ 23-1-101 — 23-81-102) › STATE UNIVERSITIES AND COLLEGES (§§ 23-1-101 — 23-56-111) › GENERAL AND ADMINISTRATIVE (§§ 23-1-101 — 23-19.9-102) › Article 2 - DEGREES - HONORARY - ACADEMIC ACHIEVEMENT (§§ 23-2-101 — 23-2-105) › Section 23-2-103.3 - Authorization to operate in Colorado - renewal - enrollment agreement

(1)
(a)
To operate in Colorado, a private college or university shall apply for and receive authorization from the commission. A private college or university shall obtain a separate authorization for each campus, branch, or site that is separately accredited. A private, nonprofit college or university shall submit with its application verification of nonprofit status, including a copy of the institution's tax-exempt certificate issued by the Colorado department of revenue.
(b)
After receiving an application, the department shall review the application to determine whether the private college or university is institutionally accredited by an institutional or programmatic accrediting body recognized by the United States department of education or is accredited by a programmatic accrediting body recognized by the Council for Higher Education Accreditation as having the ability to accredit a freestanding, single-purpose institution of construction education. The department shall not recommend and the commission shall not approve an application from a private college or university that, in the two years preceding submission of the application, has had its accreditation suspended or withdrawn or has been prohibited from operating in another state or that has substantially the same owners, governing board, or principal officers as a private college or university that, in the two years preceding submission of the application, has had its accreditation suspended or withdrawn or has been prohibited from operating in another state.
(c)
As used in subsections (1) and (2) of this section, "accredited" means that an institution is institutionally accredited by:
(I)
An institutional accrediting body recognized by the United States department of education;
(II)
A programmatic accrediting body recognized by the United States department of education, which body may institutionally accredit a freestanding, single-purpose institution; or
(III)
A programmatic accrediting body recognized by the Council for Higher Education Accreditation, which body may institutionally accredit a freestanding, single-purpose institution of construction education.
(2)
To operate in Colorado, a private college or university shall be institutionally accredited on the basis of an on-site review by an institutional or programmatic accrediting body recognized by the United States department of education or, for construction education institutions, the Council for Higher Education Accreditation; except that a private college or university may operate for an initial period without accreditation if the commission determines, in accordance with standards established by the commission, that the private college or university is likely to become accredited in a reasonable period of time or is making progress toward accreditation in accordance with the accrediting body's policies. The commission may grant a provisional authorization to a private college or university to operate for an initial period without accreditation. The private college or university shall annually renew its provisional authorization and report annually to the commission concerning the institution's progress in obtaining accreditation.
(3)
A private college or university shall immediately notify the department of any material information related to an action by the institution's accrediting body concerning the institution's accreditation status, including but not limited to reaffirmation or loss of accreditation, approval of a request for change, a campus evaluation visit, a focused visit, or approval of additional locations. In addition, the institution shall immediately notify the department if the institution's accrediting body is no longer recognized by the United States department of education or, if applicable, the Council for Higher Education Accreditation.
(4)
To operate in Colorado, a seminary or religious training institution shall apply for and receive authorization from the department and establish that it qualifies as a bona fide religious institution and as an institution of postsecondary education, as defined by rules promulgated by the commission. A seminary or religious training institution that meets the criteria and rules established by this subsection (4) is exempt from the provisions of subsections (1), (2), and (3) of this section. A bona fide religious institution and an institution of postsecondary education that applies for authorization pursuant to this subsection (4) shall pay the fee established according to section
23-2-104.5
.
(5)
A private college or university that has authorization from the commission pursuant to this section and maintains its accreditation shall apply to the department for reauthorization in accordance with the schedule for reaccreditation by its accrediting body or every three years, whichever is longer. A seminary or religious training institution shall apply for reauthorization every three years. A private college or university or seminary or religious training institution that seeks reauthorization shall submit an application in accordance with the procedures and policies adopted by the commission and shall pay the reauthorization fee established by the commission pursuant to section
23-2-104.5
.
(6)
Nothing in this section shall preclude a seminary or religious training institution from seeking accreditation.
(7)
(a)
By January 1, 2013, the commission shall adopt procedures by which a private college or university or seminary or religious training institution may renew its authorization to operate in Colorado. To renew its authorization to operate in Colorado, a private college or university or seminary or religious training institution shall demonstrate that it continues to meet the minimum operating standards specified in this section and section
23-2-103.8
, if applicable.
(b)
(I)
A private college or university that has had its accreditation reaffirmed without sanction, is in compliance with section
23-2-103.8
, and is not subject to investigation pursuant to section
23-2-103.4
is presumed qualified for renewal of authorization, and the department shall recommend renewal for a period of three years or the length of the institution's accreditation, if applicable, whichever is longer.
(II)
A seminary or religious training institution that continues to meet the minimum operating standards specified in this section is presumed qualified for renewal of authorization, and the department shall recommend that the commission renew the institution's authorization for three additional years.
(c)
If a private college or university or seminary or religious training institution cannot demonstrate that it meets the minimum operating standards specified in this section or section
23-2-103.8
, if applicable, the department shall recommend that the commission deny the institution's application for renewal of the authorization. If, within six months after receiving the notice of denial of the application for renewal, the institution corrects the action or condition that resulted in denial of the application for renewal, the institution may reapply for renewal of the authorization. If the institution does not correct the action or condition within the six-month period, it may submit a new application for authorization after correcting the action or condition.
(d)
If a private college or university is under a sanction from its accrediting body at the time it files an application for renewal of authorization to operate in Colorado, the department may recommend that the commission renew the institution's authorization or that the commission grant a probationary renewal of the institution's authorization. If an institution receives a probationary renewal of its authorization, the institution shall reapply for renewal of its authorization annually until the accrediting body lifts the sanction, and the institution shall annually report to the commission concerning the institution's progress in removing the sanction.
(e)
If the department recommends that the commission grant a probationary renewal of authorization or deny an application for renewal of authorization, the commission shall notify the private college or university or seminary or religious training institution concerning the recommendation, and the department and the commission shall proceed in accordance with the provisions of the "State Administrative Procedure Act", article
4
of title
24
, C.R.S.
(8)
All higher education institutions that are not regionally accredited shall provide all incoming students with an enrollment agreement or contract before the student enrolls. The agreement must include, at a minimum, a conspicuous notice outlining the following information regarding limited credit transferability:
(a)
If applicable, information about where students can obtain credit for credentials a student receives as part of the statewide credit for prior learning policy, as set forth in section
23-5-145.5
, or any other articulation agreement the institution may have; and
(b)
A statement that individual credits or credentials obtained at the institution may not transfer to other colleges or universities and that students should confirm whether or not the credits will transfer if the student plans to transfer credits.
Amended by 2023 Ch. 405,§ 1, eff. 8/7/2023.
Amended by 2021 Ch. 310, § 1, eff. 9/7/2021.
L. 2008: Entire section added, p. 1647, § 2, effective May 29. L. 2009: (5)(b) amended, (SB 09-292), ch. 1966, p. 1966, § 70, effective August 5. L. 2012: Entire section amended, (HB 12-1155), ch. 1286, p. 1286, § 13, effective August 8. L. 2021: (1)(b), (2), and (3) amended and (1)(c) added, (HB 21-1306), ch. 1895, p. 1895, § 1, effective September 7.
2023 Ch. 405, was passed without a safety clause. See Colo. Const. art. V, § 1(3).