Education Universities And Colleges - Digest of Bills

Digest of Bills - 1994

EDUCATION UNIVERSITIES AND COLLEGES

S.B. 94-15 Auxiliary facilities - enterprise status. Postpones the expiration of the designation of certain auxiliary higher education facilities as enterprises pursuant to section 20 of article X of the state constitution (Amendment #1).

APPROVED by Governor April 14, 1994
EFFECTIVE April 14, 1994

S.B. 94-198 Graduate programs - Mesa state college - Western Colorado graduate center. Beginning July 1, 1995, instructs the trustees of the state colleges in Colorado to develop an implementation plan under which Mesa state college shall offer graduate courses. Authorizes Mesa state college to begin offering graduate courses in business on July 1, 1996, and to offer additional graduate programs in accordance with the implementation plan and to meet documented community need. Authorizes the trustees to receive and spend public or private moneys to develop graduate programs at Mesa state college. Specifies that the Colorado commission on higher education shall include the Mesa state college graduate programs in determining the funding allocation to the trustees.

Establishes the Western Colorado graduate center under the direction of the trustees of the state colleges in Colorado, to begin operation July 1, 1996. Specifies that the center shall ensure effective access to graduate programs for persons in western Colorado, but shall not provide original graduate programs. Instructs the trustees to appoint a 7-member advisory board to advise them in operating the center. Specifies the rights and duties of the center. Authorizes the trustees to receive and spend public or private moneys on behalf of the center. Specifies that the Colorado commission on higher education shall include the enrollment of students in graduate programs at the center in determining the funding allocation to the trustees.

APPROVED by Governor June 6, 1994
EFFECTIVE June 6, 1994

S.B. 94-207 Capital construction - continuation status of certain projects - reports concerning cleanup of hazardous waste - appropriations. For the 1993-94 fiscal year, transfers $32,540,100 from the general fund to the capital construction fund for capital projects at institutions of higher education.

Appropriates the following amounts out of the capital construction fund for the 1993-94 fiscal year:

(1) To the state board for community colleges and occupational education: $2,000,000 for modification of certain buildings at the Lowry higher education center; $118,250 for the design phase of an addition to the Westminster campus library and the renovation of the science laboratories, classrooms, and offices at the Front Range community college; $120,000 for equipment and renovation of space used for the occupational therapy program at Morgan community college; $605,000 for the design and construction of an addition to the library at Otero junior college; $4,000,000 for the planning, design, and construction of a building for the advanced technology center at Pueblo community college; $3,672,205 for the replacement of classroom and office space and for relocation of the physical plant at Red Rocks community college; and $200,000 for the addition of space at the San Luis Valley area vocational school;

(2) To the board of trustees of the Colorado school of mines, $313,314 for the replacement of certain roofs at the Colorado school of mines, and $1,810,000 for remediation plans and cleanup of hazardous waste located on the campus of the Colorado school of mines;

(3) To the board of trustees for the university of northern Colorado, $323,000 for the equipment phase of the Gunter hall renovation at the university of northern Colorado;

(4) To the board of regents of the university of Colorado, $3,750,600 for the construction and equipment of a new facility for the department of geological sciences and the earth sciences library at the university of Colorado at Boulder,

and $2,018,764 for the construction of a new physical plant services building at the university of Colorado at Colorado Springs;

(5) To the trustees of the state colleges in Colorado, $339,000 for an optical fiber network at Western state college.

Appropriates $4,618,000 out of the capital construction fund and $21,000 out of cash funds to the board of directors of the Auraria higher education center for the renovation of the student union building at the Auraria higher education center for the 1993-94 fiscal year.

Appropriates $4,870,000 out of the capital construction fund and $2,000,000 out of cash funds to the board of agriculture for construction of the Morgan library addition at Colorado state university for the 1993-94 fiscal year.

Appropriates $3,781,967 out of the capital construction fund and $500,000 out of cash funds to the trustees of the state colleges in Colorado for planning and construction of an in-fill addition at Mesa state college for the 1993-94 fiscal year.

Provides that projects related to the in-fill addition at Mesa state college shall be treated as continuation projects for purposes of making funding recommendation in future years. States that such continuation projects need not be accorded a higher funding priority than health and life safety projects and controlled maintenance projects.

Directs the board of trustees of the school of mines to report to the capital development and the joint budget committees of the general assembly concerning the status of any negotiations or agreements which have been reached with the environmental protection agency regarding the cleanup of hazardous waste at the school of mines. Requires an initial report no later than July 1, 1994, and a final report no later than January 1, 1995.

APPROVED by Governor June 1, 1994
EFFECTIVE June 1, 1994

S.B. 94-218 Minimum in-state enrollments - auxiliary facilities - enterprise status - statewide extended studies program - annual designation of policy areas receiving additional funding. Beginning with the fall term of 1995, provides that the minimum required percentage of in-state students in the freshman class at each state-supported institution of higher education is met if the average of the percentage of in-state students for the current term and the 2 previous terms equals at least the minimum of 55%. Beginning July 1, 1995, provides that the minimum required fraction of in-state students enrolled at each institution is met if the average of the fraction of in-state students for the current fiscal year and the two previous fiscal year equals at least the minimum fraction. Provides that the minimum fraction of students required to be enrolled at the Colorado school of mines also applies to western state college until July 1, 1997. Provides that the minimum requirements for the fraction of in-state students enrolled at any state-supported institution of higher education do not apply to any native American student attending Fort Lewis college.

Prohibits western state college from refusing to admit any Colorado resident qualified in accordance with applicable Colorado commission on higher education admission standards.

Prohibits the governing board of any institution of higher education from requiring any student to purchase health care insurance or health care services. Excludes any program in existence on January 1, 1994, from the prohibition.

For the purpose of the enterprise status of auxiliary facilities of institutions of higher education, includes additions, extensions, and replacements of auxiliary facilities within the definition of "auxiliary facility". Excludes fees paid to an auxiliary facility of an institution for internal services provided to the institution from the definition of "grant". Allows the designation of a group of auxiliary facilities with similar functions if the auxiliary facilities are located at one or more campuses or institutions under the jurisdiction of the governing body or board of directors.

Requires the regents of the university of Colorado on or before January 1, 1995, to establish policies and procedures to determine the ability of the university to pay principal, interest, and costs for revenue bonds issued to fund enterprise auxiliary facilities, to maintain necessary reserves for such bonds, to pay costs of operation of auxiliary facilities, and to satisfy any covenants and agreements connected with the issuances of the bonds.

Excludes designated enterprise auxiliary facilities from the requirement that approval by both houses of the general assembly and the governor be obtained prior to the issuance of bonds.

Allows revenues generated by a designated enterprise auxiliary facility associated with the university of Colorado to be pledged for the payment of bonds issued by another designated enterprise auxiliary facility that is not part of the same enterprise. Allows the regents of the university of Colorado to pledge only the net income derived or to be derived from a designated enterprise auxiliary facility and any other designated enterprise auxiliary facilities as security for repayment of moneys advanced and establishment and maintenance of reserves for the auxiliary facility.

Provides that the provisions of the "Postsecondary Enrollment Options Act" do not apply to any course offered by state-supported institutions of higher education under the statewide extended studies program.

Directs that the 5 policy areas that are to receive additional funding within the state system of higher education be designated prior to January 1 of every year.

APPROVED by Governor May 31, 1994
EFFECTIVE May 31, 1994

H.B. 94-1020 University of Colorado state treasury fund - fund investments - advisory committee. Creates a university of Colorado fund in the state treasury under the control and administration of the university board of regents including those moneys designated by the regents. Directs the regents to use the moneys in the fund to pay salaries, operating expenses, and other expenses authorized by statute. Allows the state treasurer to invest the moneys in the fund. Requires the regents to establish an advisory committee to make investment recommendations. Exempts the fund from the 15% investment management fee deducted by the state treasurer.

APPROVED by Governor April 6, 1994
EFFECTIVE July 1, 1994

H.B. 94-1050 Faculty sabbaticals - adoption of policies - contents. On or before October 1, 1994, requires governing boards of institutions of higher education to adopt policies regarding faculty sabbaticals. Prohibits governing boards from granting a sabbatical to any administrator, except for disciplinary or investigatory purposes. Limits the frequency of sabbaticals for any faculty member to once every 7 years. Requires any faculty member requesting a sabbatical to submit a sabbatical plan that includes specific goals and to submit a final sabbatical report upon completion of a sabbatical. Prohibits governing boards from granting a subsequent sabbatical to any faculty member who fails to achieve the goals specified in the sabbatical plan. Requires governing boards to approve all sabbaticals in advance, and specifies the criteria that governing boards must consider in granting sabbaticals. Specifies that final sabbatical reports are open records and cannot be included in personnel files. Requires that the sabbatical policies adopted by the governing boards ensure the accountability of all participants in the sabbatical process. Requires governing boards to distribute copies of the sabbatical policies to the education committees of the senate and house of representatives and to the Colorado commission on higher education and to produce all sabbatical records for inspection by the joint budget committee, the education committees of the senate and house of representatives, and the Colorado commission on higher education upon request.

APPROVED by Governor April 28, 1994
EFFECTIVE April 28, 1994

H.B. 94-1054 Junior college districts and area vocational schools - state funding. Specifies that each junior college district and each area vocational school shall receive state funding in an amount established annually by the general assembly. Eliminates the formula which provided for grants based on the level of general fund support for students at colleges in the state system of community and technical colleges.

APPROVED by Governor March 31, 1994
EFFECTIVE March 31, 1994

H.B. 94-1110 Funding - policy areas. Identifies 5 policy areas in higher education that may receive additional state funding: Coordinating kindergarten through 12th grade education with postsecondary education; increasing productivity; ensuring a state adult population with skills and a base of knowledge that are central to the general welfare of the state; increasing enrollment; and increasing financial aid. Specifies that any funding received for the first policy area will be distributed through a grant program administered by the Colorado commission on higher education and any funding received for the other 4 policy areas will be distributed pursuant to formulas adopted by the commission. Specifies the parameters for all of the policy areas and the ways in which a governing board can demonstrate that it should receive funding in any of the 4 policy areas subject to formula distribution.

APPROVED by Governor March 11, 1994
EFFECTIVE March 11, 1994

H.B. 94-1180 Student loan - division - enterprise status - procedures to establish. Continues the existing designation of the student loan division in the department of higher education as an enterprise until June 30, 1994, as long as the division meets the constitutional requirements. Authorizes the advisory committee on student loans to designate the student loan division as an enterprise. Requires the advisory committee on student loans to pass a resolution on or before June 30, 1994, that either designates the division as an enterprise or indicates that the advisory committee has determined not to make such designation. Provides that a designation of the student loan division as an enterprise by the advisory committee on student loans expires on June 30 of the following year unless the general assembly, acting by bill, postpones the expiration. Requires the advisory committee on student loans to submit the designation to the office of the state auditor for review within 20 days after adoption. Directs that the findings of the office of the state auditor be presented to the legislative audit committee of the general assembly at a public meeting. Directs the legislative audit committee, upon affirmative vote, to present to the general assembly the designation, comments, and any proposed legislation. Directs the advisory committee on student loans to revise its designation to conform with the action taken by the general assembly.

APPROVED by Governor March 18, 1994
EFFECTIVE March 18, 1994

H.B. 94-1208 Student loan - program - limitation on amount guaranteed. Limits the percentage guaranteed on any student loan that is guaranteed by the Colorado student loan program from 100% to the percentage guaranteed under federal law.

APPROVED by Governor March 29, 1994
EFFECTIVE March 29, 1994

H.B. 94-1214 Colorado school of mines - board of trustees - terms. To further stagger the terms served by members of the Colorado school of mines board of trustees, extends the terms for three of such members for one year. Requires the governor to select the members whose terms are extended.

APPROVED by Governor March 31, 1994
EFFECTIVE March 31, 1994

H.B. 94-1306 State board for community colleges and occupational education - financial obligations - authority. Specifies that nothing in the statutory language concerning the bonding authority of institutions of higher education shall be construed to prohibit the state board for community colleges and occupational education from issuing revenue bonds or other revenue obligations payable from revenues attributable to all or any part of the auxiliary facilities within the community college and occupational education system.

APPROVED by Governor April 28, 1994
EFFECTIVE April 28, 1994

H.B. 94-1355 Higher education planning committee - statewide enrollment plan - repeal of administrative responsibilities. Creates the higher education planning committee, consisting of 12 members of the general assembly, to develop a statewide enrollment plan for higher education. Instructs the committee to include the plan in a bill to be introduced in the next regular session of the general assembly. On or before September 1, 1994, requires the Colorado commission on higher education to submit recommendations for the statewide enrollment plan to the committee. Specifies additional areas for which the commission may recommend policies in conjunction with the statewide enrollment plan. Instructs the commission to prepare a list of programs, requirements, and state mandates that may be eliminated.

Exempts capital construction project plans for any local district college or area vocational school from review by the commission. Raises the threshold for commission review of any capital construction project to $500,000.

Repeals the directive to the commission to implement financial incentives for program discontinuance. Repeals the requirement that the commission develop a plan to prepare faculty members for administrative positions. Repeals the use of college class rank as a criterion for admitting transfer students, leaving college grade point average as the only criterion.

Repeals the requirement that each governing board submit an annual report regarding discharge of duties. Prohibits any governing board from promulgating rules that restrict or prohibit on-campus recruiting by any governmental agency except the same time, place, or manner restrictions that apply to other entities. Changes reporting of endowments from a calendar year basis to a fiscal year basis.

Repeals the tuition assistance for veterans who served between 1964 and 1975. Repeals the teacher tuition scholarship loan program.

APPROVED by Governor May 31, 1994
EFFECTIVE May 31, 1994

H.B. 94-1362 Colorado commission on higher education - policy directives - mandatory student fees. Instructs the Colorado commission on higher education to establish policies concerning assessment of mandatory fees. Specifies that such policies shall include required 30-day notice to students and the minimum level of required student involvement in the assessment and use of fees. Specifies that fee decisions are final and incontestable 30 days after final action by the governing board or upon issuance of debt payable from the fee, whichever is earlier. Clarifies that fees pledged as security for indebtedness shall not be affected by any dispute resolution process. Allows the commission to adopt separate policies for fees used for academic and nonacademic purposes. Requires the administration of each institution of higher education and the student government at the institution to jointly establish a fee policy for the institution, subject to modification and approval by the governing board of the institution. Requires the state board for community colleges and occupational education to meet with the student advisory council to establish a fee policy for all institutions under the board's control.

APPROVED by Governor June 2, 1994
EFFECTIVE June 2, 1994