§ 22-35-103. Definitions

As used in this article 35, unless the context otherwise requires:

1. “Apprenticeship program” means a Colorado-based apprenticeship program that is registered with the United States department of labor’s office of apprenticeship or a state apprenticeship program recognized by the United States department of labor.

   (1.5) “ASCENT program” means the accelerating students through concurrent enrollment program created in section 22-35-108.

2. Repealed.
3. “Board” means the concurrent enrollment advisory board created in section 22-35-107.
4. “Board of cooperative services” or “BOCES” means a board of cooperative services created and operating pursuant to article 5 of this title that operates one or more public schools.
5. “Commission” means the Colorado commission on higher education created pursuant to section 23-1-102, C.R.S.
6. 1. “Concurrent enrollment” means the simultaneous enrollment of a qualified student in a local education provider and in one or more postsecondary courses, including academic or career and technical education courses, which may include course work related to apprenticeship programs or internship programs, at an institution of higher education pursuant to the provisions of this article 35, at no tuition cost to the qualified student or the qualified student’s parent or legal guardian, except as provided in section 22-35-105 (4)(c). As provided in section 22-35-104 (5) and (6)(b)(II), upon successfully completing a concurrent enrollment postsecondary course, the qualified student must receive credit that applies to completion of high school graduation requirements and postsecondary credit that applies toward completion of developmental education courses, applies toward earning a certificate or degree awarded through an approved postsecondary career and technical education program, is approved by the department of higher education for transfer from a two-year institution to a four-year institution in satisfaction of prerequisite courses for a specific major, is approved for statewide transfer pursuant to section 23-1-125, or is part of a statewide degree transfer agreement pursuant to section 23-1-108 (7)(a).
   2. “Concurrent enrollment” does not include a student’s simultaneous enrollment in:
      1. A local education provider and in one or more secondary career and technical education courses, advanced placement courses, or international baccalaureate courses;
      2. An early college and a postsecondary course, which enrollment is not subject to the provisions of this article 35;
      3. A p-tech school, as defined in section 22-35.3-102, and a postsecondary course, which enrollment is subject to the provisions of article 35.3 of this title 22; or
      4. A local education provider and a postsecondary course that does not meet the requirements specified in subsection (6)(a) of this section.
      5. Early college high school in Arvada;
      6. A secondary school that satisfies the provisions of this subsection (10) and identifies itself as an “early college” on May 21, 2009; and
      7. A secondary school that is designated, after May 21, 2009, as an early college by the state board of education.
7. “Cooperative agreement” means an agreement entered into by a local education provider and an institution of higher education pursuant to section 22-35-104 (6).
8. “Department” means the department of education created and existing pursuant to section 24-1-115, C.R.S.

   (8.5) “Developmental education course” has the same meaning as set forth in section 23-1-113 (11)(b).

9. “District charter school” means a charter school authorized by a school district pursuant to part 1 of article 30.5 of this title that serves any of grades nine through twelve.
10. 1. “Early college” means a secondary school that provides only a curriculum that requires each student to enroll in and complete secondary and postsecondary courses while enrolled in the four years of high school such that, upon successful completion of the curriculum, the student will have completed the requirements of a high school diploma and an associate’s degree or other postsecondary credential or at least sixty credits toward the completion of a postsecondary credential. The curriculum must be designed to be completed within four years. “Early college” includes only the following:

       (I) Dolores Huerta preparatory high school in Pueblo;

       (II) Southwest early college charter high school in Denver;

       (III) Front range early college in Denver;

       (IV) Colorado Springs early colleges in Colorado Springs;

    2. As soon as practicable after June 6, 2018, the state board shall review the secondary schools described in subsection (10)(a)(VI) of this section and the secondary schools designated as provided in subsection (10)(a)(VII) of this section and confirm whether each secondary school meets the curriculum requirements specified in subsection (10)(a) of this section, as amended on June 6, 2018. Effective July 1, 2018, a secondary school that the state board determines does not meet the curriculum requirements specified in subsection (10)(a) of this section is no longer designated as an early college. In reviewing a school’s designation, the state board shall not require the school to submit documentation beyond the minimum necessary to confirm that the school’s curriculum meets the requirements specified in subsection (10)(a) of this section.
11. “Institute charter school” means a charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of this title that serves any of grades nine through twelve.
12. “Institution of higher education” means:
    1. A state university or college, community college, local district college, or area technical college described in title 23, C.R.S.;
    2. A postsecondary career and technical education program; or
    3. An educational institution operating in this state that:
       1. Does not receive state general fund moneys in support of its operating costs;
       2. Admits as regular students only persons having a high school diploma or the recognized equivalent of such a certificate;
       3. Is accredited by a regional accrediting agency or association;
       4. Provides an educational program for which it awards a bachelor’s degree or a graduate degree;
       5. Is authorized by the department of higher education to do business in Colorado pursuant to section 23-2-103.3, C.R.S.;
       6. Maintains a physical campus or instructional facility in Colorado; and
       7. Has been determined by the United States department of education to be eligible to administer federal financial aid programs pursuant to Title IV of the federal “Higher Education Act of 1965”, as amended.
13. “Local education provider” means a school district, a board of cooperative services, a district charter school, or an institute charter school.

    (13.5) “Postsecondary career and technical education program” means a career and technical education program that offers postsecondary courses and is approved by the state board for community colleges and occupational education pursuant to section 23-8-103, C.R.S.

14. “Postsecondary education” means all formal public education that requires as a prerequisite the acquisition of a high school diploma, its equivalent, or the achievement of a minimum score on a placement assessment that is administered by an institution of higher education, which minimum score is determined by the institution. “Postsecondary education” includes programs resulting in the acquisition of a certificate, an associate degree of applied sciences, an associate degree of general studies, an associate degree of arts, or an associate degree of science and all baccalaureate degree programs.
15. “Qualified student” means a person who is less than twenty-one years of age and is enrolled in the ninth grade or a higher grade level in a local education provider.
16. “State board” means the state board of education created pursuant to section 1 of article IX of the state constitution.
17. “Student group” has the same meaning as provided in section 22-11-103.
18. “TREP program” means the teacher recruitment education and preparation program created in section 22-35-108.5.

Source: L. 2009: Entire article R&RE, (HB 09-1319), ch. 286, p. 1301, § 1, effective May 21; (6) and (12)(a) amended and (12)(a.5) and (13.5) added, (SB 09-285), ch. 425, pp. 2370, 2371, §§ 1, 2, effective June 4. L. 2010: (10)(f) amended, (HB 10-1422), ch. 419, p. 2077, § 44, effective August 11. L. 2012: (2) amended, (HB 12-1155), ch. 255, p. 1280, § 6, effective August 8. L. 2015: (1) and (6)(a) amended and (1.5) added, (HB 15-1275), ch. 223, p. 814, § 1, effective May 22. L. 2016: (12)(a) amended, (HB 16-1082), ch. 58, p. 141, § 5, effective August 10. L. 2018: IP and (10) amended, (SB 18-225), ch. 397, p. 2360, § 1, effective June 6. L. 2019: (2) repealed and (8.5) added, (HB 19-1206), ch. 133, p. 602, § 11, effective April 25; (6) amended and (17) added, (SB 19-176), ch. 244, p. 2379, § 1, effective August 2. L. 2020: (1) amended, (HB 20-1402), ch. 216, p. 1049, § 39, effective June 30. L. 2021: (1) amended, (HB 21-1007), ch. 309, p. 1891, § 6, effective July 1; (18) added, (SB 21-185), ch. 246, p. 1335, § 11, effective September 7.

Cross references: (1) For the “Higher Education Act of 1965”, see Pub.L. 89-329, codified at 20 U.S.C. sec. 1001 et seq.

(2) For the legislative declaration in HB 19-1206, see section 1 of chapter 133, Session Laws of Colorado 2019.