Education

This bill updates how Colorado state colleges and universities receive performance-based funding starting in the 2027-28 fiscal year. It renames "performance funding" to "results-informed funding" and modifies the metrics used to calculate these funds, including graduation rates, student retention, and Pell-eligible student enrollment. The legislation also introduces a new definition for "co-located degree partnerships" and excludes students in these programs from certain graduation rate calculations. Additionally, the bill changes how funding components are ordered and removes requirements for sequential calculation of funding amounts.

The act expands the Colorado commission on higher education (commission) from 11 to 13 members by adding 2 nonvoting student members who are enrolled at a state-supported institution of higher education (student members). Specifically, the act adds:One student member from a graduate research university or a 4-year institution of higher education; andOne student member from a community college, local district college, or area technical college.     The governor shall make initial appointments of student members on or before July 1, 2027. Student members serve on the commission for a term of 2 years.     The act shrinks the advisory committee to the commission from 13 to 12 members by removing the advisory committee member designated to represent the students of the state.(Note: This summary applies to this bill as enacted.)

The act clarifies that an educational institution denies a person the full and equal enjoyment of a place of public accommodation when the educational institution:On the basis of a protected class, excludes a student from participation in, denies a student the benefits of, or otherwise subjects a student to discrimination in any of the educational institution's programs or activities;Denies educational services, benefits, or opportunities to a student or group of students by treating them differently from a similarly situated student who is, or group of students who are, part of a different subgroup of students within the same protected class; orHas actual notice that a hostile environment based on a protected class exists at the educational institution but fails to take prompt and effective steps reasonably calculated to eliminate the hostile environment, end the harassment that gave rise to the hostile environment, and prevent the harassment from recurring.     The act adds pregnancy and parental status as characteristics that may constitute a protected class for the purpose of 'harassment or discrimination' at an elementary or secondary public school.     The act requires each public institution of higher education (institution) to designate an individual to serve as the Title VI coordinator for the institution. The Title VI coordinator is responsible for ensuring the institution's compliance with the requirements of Title VI of the federal 'Civil Rights Act of 1964', enforcing the institution's Title VI grievance procedures, identifying institutional issues related to Title VI compliance, and aggregating and making publicly available data about alleged violations of Title VI at the institution.(Note: This summary applies to this bill as enacted.)

The act extends the repeal date of the open educational resources grant program and the Colorado open educational resources council (council) to November 1, 2031. The act increases representation from public institutions of higher education on the council from 12 to 15 members.     The act extends the requirement for the department of higher education (department) to prepare and submit an annual report regarding open educational resources to December 31, 2031.     The act appropriates $275,000 to the department for use by the Colorado commission on higher education and higher education special purpose programs.(Note: This summary applies to this bill as enacted.)

Section 4 of the bill creates the 'Building Excellent Teacher and Employee Residences Act' (BETER). BETER creates a new school district financing opportunity for the development of housing for teachers and other school district and public school staff (workforce housing).     The bill creates an application process by which a school district (applicant) may apply to the workforce housing assistance board (board) for financial assistance in connection with developing a workforce housing project. The division of public school capital construction assistance within the department of education (division of public school capital construction assistance) and the division of housing within the department of local affairs (division of housing) shall assist applicants in identifying workforce housing needs and in submitting applications to the board. No later than June 1, the board, with the support of the division of housing and division of public school capital construction assistance, shall review these applications according to guidelines that the board establishes and creates an initial prioritized list of workforce housing projects to award financial assistance. The board shall submit this initial prioritized list to the state board of education and the state housing board for comment. No later than July 15, the board shall determine a final prioritized list of projects for which the board will provide financial assistance.     The board may only award financial assistance to an applicant for a workforce housing project if:The board determines that the project complies with affordability, tenancy, and environmental and building requirements established by the board; andUnless the board grants an exemption, the applicant provides matching money in an amount at least equal to the portion of the total development cost of the workforce housing project that can be financed with and supported by net operating income generated from the project.The board may only provide an amount of financial assistance to an applicant for a workforce housing project that is equal to or less than the portion of the amount of the workforce housing project's total development cost that exceeds the amount that the applicant can finance and support with the workforce housing project's net operating income.     The board may provide financial assistance to an applicant for a workforce housing project by awarding matching grants that are paid out of the workforce housing assistance fund (fund) or by instructing the state treasurer to enter into a financed purchase of an asset or certificate of participation agreement. In this context, the financed purchase of an asset or certificate of participation agreement means a lease-purchase agreement between the state treasurer and a trustee pursuant to which:The state makes rental payments that include principal and interest components; andThe trustee, pursuant to an indenture of trust, creates certificates of participation evidencing undivided interests in the payments made by the state under the lease-purchase agreement. Any payment obligation of the state as part of a financed purchase of an asset or certificate of participation agreement is subject to annual appropriation and does not create an indebtedness or multiple fiscal year financial obligation of the state within the meaning of any provision of the state constitution or state statute.     If the state treasurer enters into a financed purchase of an asset or certificate of participation agreement, the board shall enter into a sub-financed purchase of an asset or certificate of participation agreement for the workforce housing project with the applicant that will use the workforce housing. The sub-financed purchase of an asset or certificate of participation agreement must:Require the applicant to perform for the state all duties of the state to maintain and operate the workforce housing project and to make periodic rental payments to the state or otherwise make a payment to the state in the amount of the matching money required for the award of financial assistance; andProvide for the transfer of ownership of the workforce housing from the state to the applicant upon the fulfillment of both the state's obligations under the financed purchase of an asset or certificate of participation agreement and the applicant's obligations under the sub-financed purchase of an asset or certificate of participation agreement.     The board is required to present an annual written report to the education and finance committees of the house of representatives and the senate regarding the provision of financial assistance to applicants. The board is also required to post a similar report on the department of education's website.      Sections 5, 6, 7, and 8 establish the funding mechanism for the fund. The state constitution restricts the use of the principal of the public school fund and only allows for the use of public school fund interest and income. Sections 6 and 7 clarify that public school fund interest and income includes realized and unrealized gains and directs the transfer of the lesser of an amount of interest and income equal to 2.5% of the total value of the public school fund after making currently required interest and income distributions from the public school fund or $40 million to the state public school fund. Section 5 creates the public school fund income stabilization account within the public school fund and directs the treasurer to credit the difference between the amount transferred from the public school fund to the state public school fund as described in section 6 and $40 million to the account. The uses of the account are limited to supplementing payment from or the principal of the public school fund. Section 8 directs the state treasurer to annually transfer an amount equal to the amount transferred from the public school fund to the state public school fund pursuant to section 6 from the state education fund to the fund.       Section 1 expands school district powers concerning the development and financing of workforce housing. Specifically, section 1 allows for school districts to:Acquire, construct, improve, own, operate, lease, and lease-purchase workforce housing;Issue bonds to finance workforce housing;Enter into contracts with public entities and private parties to finance workforce housing; andCreate enterprises for the acquisition, construction, improvement, ownership, operation, leasing, and lease-purchasing of workforce housing.Section 1 also describes the characteristics of bonds issued by school district-created enterprises for the purpose of financing workforce housing.      Section 2 adds certain school district and school district enterprise lease agreements, lease-purchase agreements, and revenue bonds entered into or issued in connection with financing workforce housing to the state intercept program.      Sections 3, 9, and 10 grant the division of public school capital construction assistance, the state treasurer, and the division of housing the powers necessary to implement the bill.(Note: This summary applies to this bill as introduced.)