(1) A cooperative agreement shall include financial provisions that satisfy the requirements of this section.
(2) If a qualified student concurrently enrolls in a course offered by an institution of higher education, the institution shall be responsible for course content, placement of the student in the course, and the quality of instruction. In addition, because the qualified student is receiving academic credit at his or her local education provider for the course pursuant to section 22-35-104 (5):
The qualified student shall be included in the funded pupil count of his or her schooldistrict or, in the case of a student enrolled in an institute charter school, of the school's accounting district, as determined pursuant to the provisions of section 22-54-103 (7); and
The institution of higher education shall include the qualified student in determiningthe number of full-time equivalent students enrolled in the institution pursuant to the provisions of title 23, C.R.S.
(3) (a) A cooperative agreement shall establish the tuition rate at which the local education provider shall pay the institution of higher education for any courses in which a qualified student of the local education provider concurrently enrolls at the institution. The tuition rate shall not exceed:
For a course offered by a public community college, a public local district college, oran area technical college, the student share of the tuition rate established for Colorado residents enrolled in the course, which tuition rate is established by the state board for community colleges and occupational education pursuant to section 23-60-202 (1)(c)(I), C.R.S.; except that, if the local education provider is located outside the boundaries of every community college service area, as assigned by the commission pursuant to section 23-60-207, C.R.S., the tuition rate shall not exceed the actual student share of the resident tuition rate of the nearest Colorado public institution of higher education.
For a course offered by any other institution of higher education, the student share ofthe tuition rate established for Colorado residents enrolled in a general studies course at a community college, which tuition rate is established by the state board for community colleges and occupational education pursuant to section 23-60-202 (1)(c)(I), C.R.S.; except that, if the local education provider is located outside the boundaries of every community college service area, as assigned by the commission pursuant to section 23-60-207, C.R.S., the tuition rate shall not exceed the actual student share of the resident tuition rate of the nearest Colorado public institution of higher education.
(b) Repealed.
(4) (a) Before paying the tuition for a course in which a qualified student concurrently enrolls, the local education provider in which the qualified student is enrolled shall require the qualified student and his or her parent or legal guardian to sign a document requiring repayment of the amount of tuition paid by the local education provider for the course on the qualified student's behalf if the qualified student does not complete the course for any reason without the consent of the principal of the student's high school.
If a qualified student concurrently enrolled in a course for whom a local educationprovider pays tuition does not complete the course for any reason without the consent of the principal of the high school in which the qualified student is enrolled, the qualified student or the qualified student's parent or legal guardian shall reimburse the local education provider, as provided in the document signed pursuant to paragraph (a) of this subsection (4), for the amount of tuition paid by the local education provider for the course.
A local education provider may adopt a policy that requires a qualified student andhis or her parent or legal guardian to sign a document prior to the student's concurrent enrollment in a course, which document commits the student or his or her parent or legal guardian to reimburse the local education provider for the tuition paid by the local education provider for the course in the event that the student receives a failing grade in the course.
(5) A local education provider and an institution of higher education may elect to include in their cooperative agreement other financial provisions that are not inconsistent with the provisions of this section.
Source: L. 2009: Entire article R&RE, (HB 09-1319), ch. 286, p. 1308, § 1, effective May 21; (2)(a) and (4) amended, (SB 09-285), ch. 425, p. 2373, § 4, effective June 4. L. 2016: (3)(a)(I) amended, (HB 16-1082), ch. 58, p. 141, § 6, effective August 10. L. 2019: (3)(b) repealed, (SB 19-176), ch. 244, p. 2383, § 3, effective August 2.
Editor's note: This section is similar to former § 22-35-105 as it existed prior to 2009.