Concurrent Enrollment Programs Act Changes

SB19-176 (eff. 8/2/19) amended the Concurrent Enrollment Programs Act. C.R.S. 22-35-101 et seq.

• an LEP and in one or more secondary career and technical education courses, advanced placement courses, or international baccalaureate courses;
• an early college course and a postsecondary course;
• a p-tech school and a postsecondary course; or
• an LEP and a postsecondary course that does not fall within the definition of concurrent enrollment. C.R.S. 22-35-103(6)(b).

Importantly, as a result of SB19-176, an LEP has the discretion to determine the manner in which it provides opportunities for concurrent enrollment, but LEPs are prohibited from unreasonably denying approval for concurrent enrollment or limiting the number of postsecondary courses in which a qualified student may enroll unless the LEP is unable to provide access due to technological capacity. C.R.S. 22-35-104(1)(a)(I)-(III).

The State Board of Education is expected to define “technological capacity” in rule during the spring/summer 2020. See 1 CCR 301-86.

We recommend that LEPs state in policy and accompanying regulations and exhibits (e.g., concurrent enrollment information, notices, and/or application documents) the eligibility conditions for qualified students for concurrent enrollment, as well as the types of and circumstances under which courses will be approved or not approved. CASB sample school board policy IHCDA, Concurrent Enrollment, and CASB sample regulation IHCDA-R, Concurrent Enrollment Procedure, include language we believe best meets the intent of the law. LEPs should consult with their own legal counsel to determine appropriate language that meets local circumstances and needs.

SB19-176 clarifies that concurrent enrollment courses are to be at no tuition cost to the qualified student or parent/guardian, no matter the format or the location in which the course is delivered. The qualified student and parent/guardian may be responsible for the cost of textbooks and fees. C.R.S. 22-35-105.

SB19-176 also clarifies that upon successful completion of a course, the qualified student must receive credit that applies to completion of high school graduation requirements and postsecondary credit. C.R.S. 22-35-104(5).

SB19-176, along with HB18-1005, amended the notice provisions regarding information that must be provided to students and parents/guardians concerning concurrent enrollment opportunities. At least six weeks prior to the beginning of the enrollment period for concurrent enrollment courses, the LEP must provide written notice (which may be sent electronically) of the concurrent enrollment courses available at no tuition cost to qualified students and parents/guardians. This notification applies to courses taught on the LEP campus and at the institution of higher education. It also must include anticipated costs of books and fees, and the number and transferability of course credits that a qualified student may earn by enrolling in and successfully completing a concurrent enrollment course. Additionally, in the notice, the LEP may not refer to any course or program as concurrent enrollment if the course or program does not meet the definition of concurrent enrollment under the Act. C.R.S. 22-35-104(1)(b).

By July 1, 2020, CDE is to develop a website with information on concurrent enrollment.

We anticipate the State Board of Education to issue rules in spring/summer 2020 that will specify the number of post-secondary credits in which a qualified student must be concurrently enrolled to qualify for full-time membership for purposes of the Public School Finance Act, Article 54 of Title 22. See 1 CCR 301-39.

SB19-176 also created the Concurrent Enrollment Expansion and Innovation Grant Program. The program is to provide grants to partnerships between LEPs and institutions of higher education that begin to offer or expand concurrent enrollment opportunities. Priority for grants is given to LEPs with low or no participation in concurrent enrollment before the 2020-21 school year. Grants begin during the 2019-20 school year and are to be used as specified in the Act.

CASB sample policy IHCDA, Concurrent Enrollment, and CASB sample regulation IHCDA-R, Concurrent Enrollment Procedure, were revised to reflect these changes.

• IHCDA, Concurrent Enrollment

SCHOOL BOARD REGULATION

• IHCDA-R, Concurrent Enrollment (Procedure for students seeking to enroll in postsecondary courses– Regulation

BOCES BOARD POLICY [ACCESS REQUIRES LOGIN]

• IHCDA, Concurrent Enrollment

BOCES BOARD REGULATION

• IHCDA-R, Concurrent Enrollment (Procedure for students seeking to enroll in postsecondary courses) – Regulation

GENERAL RESOURCES

• CDE Concurrent Enrollment Website and Information
• CDE Concurrent Enrollment SB19-176 FAQ
  

Student Discipline Changes for Preschool through Second Grade

HB19-1194 (eff. 7/1/20) makes changes to discipline for students in preschool through second grade effective July 1, 2020. C.R.S. 22-33-106.1.

HB19-1194 places restrictions on discipline for students in preschool through second grade. School districts, charter schools, and public schools operated by a BOCES may impose out-of-school suspensions or expel a student enrolled in preschool, kindergarten, first grade, or second grade only if:

• The student has engaged in conduct on school grounds, in a school vehicle, or at a school activity or event that involves the possession of a dangerous weapon; the use, possession, or sale of a drug/controlled substance; or endangers the health or safety of others; and
• The failure to remove the student from the school building would create a safety threat that cannot otherwise be addressed; and
• On a case-by-case basis, the school district, charter school, or BOCES considers the factors set forth at C.R.S. 22-33-106(1.2) (age of student; disciplinary history; if a student with a disability; seriousness of the violation; whether the violation threatened the safety of students/staff; and whether a lesser intervention would properly address the violation) before suspending or expelling the student. The school district, charter school, or BOCES must document any alternative behavioral and disciplinary interventions that it employed before suspending or expelling the student.

If an out-of-school suspension is imposed, it cannot exceed 3 school days unless it is determined by the chief administrative officer or executive director, or designee, of the school district, charter school, or BOCES that a longer period is necessary to resolve the safety threat or recommends that the student be expelled.

School districts, charter schools, and BOCES must update their student conduct and discipline code to reflect these new requirements and limitations on discipline for students in preschool through second grade. The requirement that the conduct and discipline code must be provided to students upon enrollment now includes preschool students as well. C.R.S. 22-32-109.1(2)(a).

CASB sample policies JICDA, Code of Conduct, and JKD/JKE, Suspension/Expulsion of Students; CASB sample regulation JKD/JKE-R, Suspension/Expulsion of Students (Hearing Procedures); and CASB sample exhibit JKD/JKE-E, Grounds for Suspension/Expulsion, were revised to reflect these changes.

SCHOOL BOARD POLICIES [ACCESS REQUIRES LOGIN]

• JICDA, Code of Conduct
• JKD/JKE, Suspension/Expulsion of Students (and Other Disciplinary Interventions)

SCHOOL BOARD REGULATION

• JKD/JKE-R, Suspension/Expulsion of Students (Hearing Procedures) – Regulation

SCHOOL BOARD EXHIBIT

• JKD/JKE-E, Grounds for Suspension/Expulsion – Exhibit

BOCES BOARD POLICIES [ACCESS REQUIRES LOGIN]

• JICDA, Code of Conduct
• JKD/JKE, Suspension/Expulsion of Students (and Other Disciplinary Interventions)

BOCES BOARD REGULATION

• JKD/JKE-R, Suspension/Expulsion of Students (Hearing Procedures) – Regulation

BOCES BOARD EXHIBIT

• JKD/JKE-E, Grounds for Suspension/Expulsion – Exhibit

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