HB 1078 — Off-Campus Courses & Concurrent Enrollment Programs

NOTE:

This bill has been prepared for the signatures of the appropriate legislative officers and the Governor.

To determine whether the Governor has signed the bill or taken other action on it, please consult the legislative status sheet, the legislative history, or the Session Laws.

alsoSENATOR(S)MarchmanandKirkmeyer,Bright,Amabile,Benavidez,also SENATOR(S)Marchmanand Kirkmeyer, Bright, Amabile,Benavidez, Carson, Catlin, Cutter, Danielson, Daugherty, Exum, Gonzales J., Hinrichsen, Jodeh, Kipp, Mullica, Pelton R., Snyder, Wallace, Weissman, Coleman.

CONCERNING INCREASING THE NUMBER OFOFOFF-CAMPUS OFF -CAMPUS COURSES OFFERED BY INSTITUTIONS OF HIGHER EDUCATION TO STUDENTS IN CONCURRENT ENROLLMENT PROGRAMSPROGRAMS, ,AND, AND , IN CONNECTION THEREWITHTHEREWITH, ,MAKINGMAKING AND REDUCING AN APPROPRIATIONAPPROPRIATION. .

Be it enacted by the GeneralGeneralAssembly Assemblyofthe of the State ofofColorado: Colorado:

SECTION1.SECTION 1.

InColoradoIn RevisedStatutes,22-35-110,amend(1)Colorado Revised Statutes, 22-35-1amend (1) as follows:

(1) (a) Except for courses offered as part of the TREP program ________ Capital letters or bold & italic numbers indicate new material added to existing law;

dashes through words or numbers indicate deletionsdeletionsfrom from existing law andandsuch such material is notnotpart part of the act.

pursuant to sectionsection22-35-108.5, 22-35-108.5, This article 35 does not apply Ao any A course that is offered as part ofo f a program ofo f off-campus instruction established pursuant to section 23-1-109 (1) to (5)S(5) UNLESS THE COURSE OFFERED MEETS ALL REQUIREMENTS OF THIS ARTICLE 35 AND THE REQUIREMENTS OF AN ACCREDITING AGENCY RECOGNIZED BY THE UUNITED NITED STATES DEPARTMENT OF EDUCATIONEDUCATION. .

(b) AFTER JULY 1,2028,ADDITIONAL1, 2028, ADDITIONAL COURSES THAT ARE ELIGIBLE PURSUANT TO THIS SECTION FOR PARTICIPATION IN CONCURRENT ENROLLMENTCOURSESSHALLNOTBEAPPROVEDPURSUANTTOTHISARTICLEENROLLMENTCOURSES SHALLNOTBEAPPROVEDPURSUANTTOTHIS ARTICLE UNLESS THE APPROPRIATION MADE BY THE GENERAL ASSEMBLY TO THE DEPARTMENTISSUFFICIENTFORTHEDEPARTMENTTOCOMPLYWITHCOURSEDEPARTMENTISSUFFICIENTFORTHEDEPARTMENTTO COMPLY WITHCOURSE AUDIT AND OVERSIGHT REQUIREMENTSREQUIREMENTS. .

COURSES THAT ARE ELIGIBLE PURSUANT TO THIS SECTION FOR PARTICIPATION AS CONCURRENT ENROLLMENT COURSES AND ARE APPROVED PURSUANT TO THIS ARTICLE 35 BEFORE JULY 1,2028,RETAIN1, THEIR2028, APPROVEDRETAIN STATUSTHEIR .BEGINNING IN THE ANNUAL GENERAL APPROPRIATIONS ACT FOR THE 2028-29 STATE FISCAL YEAR ,THE GENERAL ASSEMBLY SHALL INDICATE VIA FOOTNOTE TO THE ANNUAL GENERAL APPROPRIATIONS ACT WHETHER THE FUNDING FOR THE DEPARTMENTISCALCULATEDTOPROVIDESUFFICIENTFUNDINGFORCOURSE AUDITANDOVERSIGHTREQUIREMENTSTOALLOWADDITIONALCOURSESTO BE APPROVED PURSUANTSTATUS. TO THIS SECTION .

BEGINNING IN THE ANNUAL GENERAL APPROPRIATIONS ACT FOR THE 2028-29 STATE FISCAL YEAR, THE GENERAL ASSEMBLY SHALL INDICATE VIA FOOTNOTE TO THE ANNUAL GENERAL APPROPRIATIONS ACT WHETHER THE FUNDING FOR THE DEPARTMENTISCALCULATEDTOPROVIDESUFFICIENTFUNDINGFORCOURSE AUDIT AND OVERSIGHTREQUIREMENTS TO ALLOW ADDITIONALCOURSESTO BE APPROVED PURSUANT TO THIS SECTION.

(1) Except as provided in subsection (2) ofo f this section, to implement this act, appropriations made in the annual general appropriation act for the 2026-27statefiscalyeartothedepartmentof2026-27 highereducationareadjustedstate fiscal year to the department o f higher education are adjusted as follows:

(a) The general fund appropriation for the college opportunityfundopportunity fund program to be used for fee-for-service contracts with state institutions pursuant to section 23-18-303.5, C.R.S., is decreased by $80,178;

and (b) The reappropriated funds appropriation for the regents ofo f the universityofColoradoreceivedfromthefee-for-servicecontractswithstateuniversity institutionspursuanttosection23-18-303.5,C.R.S.,undersubsection(1)(a)o offColorado received from the fee-for-service contracts with state institutions pursuant to section 23-18-303.5, C.R.S., under subsection (l)(a) o f this section is decreased by $80,178.

(2) Subsection (1) ofo f this section does not require a reduction ofo f an appropriation in the annual general appropriation act for the 2026-27 state PAGEPAG E 2-HOUSE BILLB IL L 26-1078 fiscal year if:

(a) TheamountofthegeneralfundappropriationmadeintheannualThe generalappropriationactforthe2026-27statefiscalyeartothedepartmentamountofthegeneral offund highereducationforthecollegeopportunityfundprogramtobeusedforappropriation made intheannual general appropriation act for the 2026-27 state fiscal year to the department ofhigher education for the college opportunity fund programto be used for fee-for-service contracts with state institutions pursuant to section 23-18-303.5, C.R.S., is less than the amount ofofthe the adjustment required in subsection (1)(a)(l)(a) ofofthis this section;

or (b) Theannualgeneralappropriationactforthe2026-27statefiscalThe annual general appropriation act for the 2026-27 state fiscal year does not include an appropriation to the department of higher education for the college opportunity fund program to be used for fee-for-service contracts with state institutions pursuant to section 23-18-303.5, C.R.S.

SECTION3.SECTION 3.

Appropriation.(1)Appropriation. Forthe2026-27statefiscalyear, $66,056 is appropriated to the department of education.

This( appropriation1) isfromthegeneralfund.Toimplementthisact,thedepartmentmayusethisForthe appropriation2026-27 asstate follows:fiscal year, $66,056 is appropriated to the department ofeducation.

This appropriation is from thegeneral fund.

To implementthis act, the departmentmay usethis appropriation as follows:

except that section 2 of this act takes effect only if the annual general appropriation act for the 2026-27 state fiscal year becomes law, in which casesection2takeseffectupontheeffectivedateofthisactoroftheannualcase section2takes effectuponthe effective date ofthis actorofthe annual general appropriation act for state fiscal year 2026-27, whichever is later.

The general assembly finds, determines, and declares that this act is necessary for the immediate preservation ofofthe the public peace, health, or safety or for appropriations for PAGE 3-HOUSE BILL 26-1078 the support and maintenance of the departments of the state and state institutions.

____________________________Ju~ ____________________________~ Julie McCluskie James Rashad Coleman, Sr.

SPEAKER OF THE HOUSE PRESIDENT OF OF REPRESENTATIVES THE SENATE ____________________________v ____________________________~ ~ Vanessa Reilly Esther van Mourik CHIEF CLERK OF THE HOUSE SECRETARY OF OF REPRESENTATIVES THE SENATE APPROVED________________________________________PAGE (Date4-HOUSE andBILL Time)26-1078 _________________________________________ Jared S.

Polis GOVERNOR OF THE STATE OF COLORADO PAGE 4-HOUSE BILL 26-1078