(1.9) (a) (I) On or before December 1, 2013, the commission shall create a performance-based funding plan to appropriate to each governing board, including the governing boards for the junior colleges and area vocational schools, a portion of the performance funding amount for the applicable state fiscal year based on the success demonstrated by the institutions under each governing board's control in meeting the goals and expectations specified in the institutions' respective performance contracts.

(II) The commission's performance-based funding plan shall specifically address the manner in which the appropriation of performance-based funding will affect the college opportunity fund stipends authorized in section 23-18-202 and the fee-for-service contracts authorized in sections 23-1-109.7 and 23-5-130.

(III) The commission shall ensure that the performance-based funding plan distributes the performance funding amount on the basis of an institution's performance in meeting the negotiated goals and expectations specified in its performance contract. The distribution of the performance funding amount shall not take into account additional revenues that may be available to the institution, including but not limited to local property tax revenues received by the junior colleges and area vocational schools.

(IV) The commission shall recommend to the education committees of the house of representatives and the senate, or any successor committees, the statutory changes necessary to implement the performance-based funding plan specified in the master plan.

(b) After the 2015-16 state fiscal year, in each state fiscal year in which the general assembly appropriates the restored level of general fund appropriations for the state system of higher education, the commission, based on the performance-based funding plan adopted in the master plan, shall recommend to the joint budget committee the portion of the performance funding amount to be appropriated to each governing board, including the governing boards for the junior colleges and the area vocational schools, based on the demonstrated performance of the institutions that are under the governing board's control in meeting the institutions' goals and expectations specified in the institutions' respective performance contracts.

(c) For purposes of this subsection (1.9):

(I) "Performance funding amount" means twenty-five percent of the amount by which the general fund appropriation for the state system of higher education, excluding any amount appropriated for student financial aid, exceeds six hundred fifty million dollars.

(II) "Restored level of general fund appropriations" means an amount of general fund appropriations for the state system of higher education, excluding any amount appropriated for student financial aid, that equals or exceeds seven hundred six million dollars.

(III) "Student financial aid" means the state program of financial assistance established by the commission pursuant to section 23-3.3-102.

(2) The commission shall develop criteria for determining if an institution should be consolidated or closed and, after consultation with the appropriate governing board, shall make recommendations to the general assembly for closure or consolidation of campuses which meet such criteria.

(3) The commission shall develop, after consultation with the governing boards of institutions, cooperative programs among state-supported institutions of higher education.

(4) The commission shall convene periodically the chief executive officers of the campuses for the purpose of evaluating and discussing statewide policy issues.

(5) The commission shall establish programs to develop and improve governing boards concerning statewide educational policy issues.

(6) The commission shall report annually to the governor and the general assembly on institutional and board performance and responsiveness to statewide objectives set by the commission in its master plan.

(7) (a) The commission shall establish, after consultation with the governing boards of institutions, and enforce statewide degree transfer agreements between two-year and four-year state institutions of higher education and among four-year state institutions of higher education. Governing boards and state institutions of higher education shall implement the statewide degree transfer agreements and the commission policies relating to the statewide degree transfer agreements. The statewide degree transfer agreements shall include provisions under which state institutions of higher education shall accept all credit hours of acceptable course work for automatic transfer from an associate of arts or associate of science degree program in another state institution of higher education in Colorado. The commission shall have final authority in resolving transfer disputes.

(b) (I) A student who completes an associate of arts or associate of science degree that is the subject of a statewide degree transfer agreement and who transfers from the state institution of higher education that awarded the degree to a four-year state institution of higher education shall, if admitted, be enrolled with junior status. Successful completion of an associate of arts or associate of science degree does not guarantee the degree holder admission to a four-year state institution of higher education.

(II) A state institution of higher education that admits as a junior a student who holds an associate of arts degree or associate of science degree that is the subject of a statewide degree transfer agreement may not require the student to complete any additional credit hours of lower-division general education courses; except that the institution may require the student to complete additional lower-division general education courses if necessary for preparation in the degree program in which the student enrolls so long as the additional courses are consistent with published degree program requirements for native students and do not extend the time to degree completion beyond that required for native students in the same degree program.

(c) (I) Beginning July 1, 2010, the commission, in collaboration with the governing boards and the council convened pursuant to section 23-1-108.5 (3) (a), shall negotiate statewide degree transfer agreements and shall ensure that there are at least four statewide degree transfer agreements in place no later than July 1, 2012, and that, by no later than July 1, 2016, there are a total of at least fourteen statewide degree transfer agreements.

(II) The governing boards shall recommend to the commission the degree programs that would be most appropriate for statewide degree transfer agreements based on student demand and the workforce needs of the state.

(d) The existence of statewide degree transfer agreements does not preclude or restrict a state institution of higher education from awarding nontransfer associate of arts or associate of science degrees, applied associate degrees, or general liberal arts associate of arts or associate of science degrees.

(e) Nothing in this subsection (7) shall be construed to:

(I) Prevent or otherwise interfere with the ability of a state institution of higher education to fulfill its statutory role and mission;

(II) Prohibit one or more state institutions of higher education from entering into memoranda of understanding for the transfer of degrees among the agreeing institutions;

(III) Impair any memoranda of understanding between or among institutions of higher education in effect prior to August 11, 2010; or

(IV) Require the transfer of course credits earned during or applicable to a student's junior or senior year.

(f) On or before October 1, 1993, the commission shall establish and enforce student transfer agreements between degree programs offered on the same campus or within the same institutional system. Governing boards and state institutions of higher education shall implement the agreements and commission policies relating to the agreements. In accordance with the provisions of section 23-5-122, the agreements shall provide that:

(I) If, not more than ten years prior to transferring into an undergraduate degree program, a student earns credit hours that are required for graduation from the undergraduate degree program, the credit hours shall apply to the completion of the student's graduation requirements from the undergraduate degree program following the transfer;

(II) A student who transfers into an undergraduate degree program shall not be required to complete a greater number of credit hours in those courses that are required for graduation from the undergraduate degree program than are required of students who began in the undergraduate degree program, nor shall there be any minimum number of credit hours required post-transfer other than the normal degree requirements for nontransferring students; and

(III) The grade point average that is required for a student to apply for and be fully considered for transfer into an undergraduate degree program shall be no higher than that which is required for graduation from the undergraduate degree program.

(g) As used in this subsection (7), unless the context otherwise requires:

(I) "Native student" means a student who begins and completes an undergraduate degree program at a single state institution of higher education.

(II) "State institution of higher education" means a public postsecondary institution that is governed by:

(A) The board of governors of the Colorado state university system;

(B) The board of regents of the university of Colorado;

(C) The board of trustees of the Colorado school of mines;

(D) The board of trustees of the university of northern Colorado;

(E) The board of trustees of Adams state college;

(F) The board of trustees of Western state college of Colorado;

(G) The board of trustees of Colorado Mesa university;

(H) The board of trustees for Fort Lewis college;

(I) The board of trustees for Metropolitan state college of Denver;

(J) The state board for community colleges and occupational education; or

(K) The board of trustees of a junior college district organized pursuant to article 71 of this title.

(III) "Statewide degree transfer agreement" means an agreement among all of the state institutions of higher education for the transfer of an associate of arts or an associate of science degree. A statewide degree transfer agreement applies to common degree programs and specifies the common terms, conditions, and expectations for students enrolled in statewide degree transfer programs.

(8) The commission shall prescribe uniform academic reporting policies and procedures to which the governing boards and their institutions shall adhere.

(9) The state-supported institutions of higher education shall provide the commission with such data as the commission deems necessary upon its formal request, including but not limited to any data requested pursuant to subsection (1.7) of this section. Data for individual students or personnel shall not be divulged or made known in any way by the director of the commission or by any commission employee, except in accordance with judicial order or as otherwise provided by law. Any person who violates this subsection (9) commits a class 1 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S. Such person shall, in addition thereto, be subject to removal or dismissal from public service on grounds of malfeasance in office.

(10) The commission may enter, on behalf of the state of Colorado, into agreements with another state or with the western interstate commission for higher education on behalf of another state for the granting of full or partial waivers of the nonresident tuition to residents of such other states who are postgraduate or professional students at or are eligible for admission as postgraduate students to any of the state-supported institutions of higher education in Colorado if the agreement provides that, under substantially the same circumstances, such other state will grant reciprocal waivers to residents of Colorado who are postgraduate or professional students of universities or colleges in such other states. The commission, in consultation with the affected Colorado institutions, shall establish regulations governing the administration of agreements and the granting of waivers. In 1996 and in each subsequent even-numbered year, the commission shall report to the governor and the general assembly on these programs.

(11) Repealed.

(12) (a) The commission shall establish fee policies based on institutional role and mission, and the governing boards shall set fees consistent with such policies.

(b) For fiscal years beginning on or after July 1, 2016, the commission shall establish tuition policies based on institutional role and mission, and the governing boards shall set tuition consistent with said policies.

(13) (a) It is the intent of the general assembly that academic degree programs at state-supported institutions of higher education be designed and implemented to assure and emphasize that undergraduate students have the maximum range of opportunities and assistance to complete their course of study and obtain their degree in a reasonable amount of time. The general assembly therefore directs the commission, within existing resources, to implement and revise appropriate policies, including financial incentives, to assure that students at state-supported institutions of higher education complete their academic degree programs in the most efficient, effective, and productive manner. The policy implementation and review shall include:

(I) Academic advising and counseling at such institutions and consideration of methods for the improvement of early and continuous availability of such academic advising and counseling in order to assist students with the completion of degree programs;

(II) The frequency and availability of courses essential to completion of degree programs at such institutions and evaluation of what changes may be necessary to assure that the course scheduling for degree programs by such institutions maximizes the opportunities for students to complete their course of study efficiently, effectively, and productively;

(III) Measures for minimizing and eliminating the restrictions against automatic transfer of credit hours of acceptable course work between such institutions and whether the provisions of transfer agreements between two-year and four-year institutions and among four-year institutions entered into pursuant to subsection (7) of this section are directed at easing such transfer restrictions;

(IV) Methods for minimizing the loss of credit hours when a student changes degree programs at such institution and assurance that such credit hours are transferred or substituted for appropriate course work in the other degree program;

(V) The review of possible solutions for access of nontraditional and part-time students to complete programs within the student's time frame goals;

(VI) What effect, if any, the reduction of degree programs would have on the increased availability of classes within existing degree programs;

(VII) What effect increases in educational costs may have on the average length of time for a student to complete a degree program; and

(VIII) The implementation of core curricula as a measure for assisting students to graduate.

(b) Repealed.

Source: L. 85: Entire article R&RE, p. 756, § 1, effective July 1. L. 87: (1)(h) amended, p. 844, § 1, effective April 22. L. 90: (1)(b) amended, p. 1141, § 5, effective July 1. L. 92: (13) added, p. 579, § 1, effective April 29. L. 93: (7) amended, p. 2125, § 7, effective June 11. L. 94: (11) repealed, p. 1795, § 5, effective May 31; (12) amended, p. 1994, § 2, effective June 2. L. 95: (10) amended, p. 39, § 1, effective January 1, 1996. L. 96: IP(1) amended, p. 1834, § 7, effective June 5; (13)(b) repealed, p. 1236, § 77, effective August 7. L. 2002: (9) amended, p. 1529, § 237, effective October 1. L. 2010: (1.5) added and (12) amended, (SB 10-003), ch. 391, pp. 1834, 1841, §§ 2, 5, effective June 9; (7) amended, (HB 10-1208), ch. 191, p. 819, § 1, effective August 11. L. 2011: IP(1), (1.5), and (9) amended and (1.7) and (1.9) added, (SB 11-052), ch. 232, p. 993, § 2, effective May 27; (7)(g)(II)(G) amended, (SB 11-265), ch. 292, p. 1364, § 13, effective August 10; (12)(a) amended, (HB 11-1301), ch. 297, p. 1418, § 7, effective August 10.

Editor's note: This section is similar to former §23-1-108 as it existed prior to 1985.

Cross references: (1) For provisions concerning public records applicable to data for students and personnel of institutions of higher education, see part 2 of article 72 of title 24.

(2) For the legislative declaration contained in the 1996 act repealing subsection (13)(b), see section 1 of chapter 237, Session Laws of Colorado 1996. For the legislative declaration contained in the 2002 act amending subsection (9), see section 1 of chapter 318, Session Laws of Colorado 2002. For the legislative declaration in the 2010 act adding subsection (1.5) and amending subsection (12), see section 1 of chapter 391, Session Laws of Colorado 2010. For the legislative declaration in the 2011 act amending the introductory portion to subsection (1) and subsections (1.5) and (9) and adding subsections (1.7) and (1.9), see section 1 of chapter 232, Session Laws of Colorado 2011. For the legislative declaration in the 2011 act amending subsection (7)(g)(II)(G), see section 1 of chapter 292, Session Laws of Colorado 2011.