Definitions.

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As used in this article 3.5, unless the context otherwise requires:

  1. "Commission" means the Colorado commission on higher education.

  2. "In-state student" means an undergraduate student at an institution of higher education who meets the criteria established by article 7 of this title for classification as an instate student at a state institution of higher education, but "in-state student" does not include a member of the armed forces of the United States or his dependents who are eligible to obtain instate tuition status upon moving to Colorado on a permanent change-of-station basis until such individual meets the one-year domicile requirement of section 23-7-102 (5).

  3. (a) "Institution of higher education" means an educational institution operating in this state that:

  1. Admits as regular students only persons having a certification of graduation from aschool providing secondary education or the recognized equivalent of such a certificate;

  2. Is accredited by a nationally recognized accrediting agency or association and, in thecase of private occupational schools, holds a regular certificate from the private occupational school division in accordance with the provisions of article 64 of this title 23, or is regulated or approved pursuant to any other statute;

  3. (A) Provides an educational program for which it awards a bachelor's degree; or

  1. Provides not less than a two-year program which is acceptable for full credit towardssuch a degree; or

  2. Provides not less than a one-year program of training to prepare students for gainfulemployment in a recognized occupation; or

  3. Is a private occupational school providing not less than a six-month program oftraining to prepare students for gainful employment in a recognized occupation;

(IV) Was in operation in this state as of January 1, 1999, or has been in operation in this state for a minimum of ten academic years.

(b) The term "institution of higher education" does not include a branch program of an institution of higher education whose principal campus and facilities are located outside this state, unless the institution operating the branch program has received a certificate of approval from the private occupational school division in accordance with the provisions of article 64 of this title 23.

  1. "Nonpublic institution" means an educational institution which receives no supportfrom general fund moneys in support of its operating costs.

  2. "Professional degree in theology" means a certificate signifying a person's graduationfrom a degree program that is:

  1. Devotional in nature or designed to induce religious faith; and

  2. Offered by an institution as preparation for a career in the clergy.

Source: L. 77: Entire article added, p. 1104, § 1, effective July 1. L. 81: (3)(a)(II) and (3)(a)(III)(D) amended, p. 852, § 28, effective July 1. L. 86, 2nd Ex. Sess.: (2) amended, p. 60, § 4, effective August 15. L. 90: (3)(a)(II) amended, p. 1172, § 32, effective July 1. L. 99: IP(3)(a) and (3)(b) amended and (3)(a)(IV) added, p. 74, §§ 1, 2, effective July 1, 2000. L. 2009: (3)(b) amended and (5) added, (HB 09-1267), ch. 348, p. 1823, § 4, effective June 1. L. 2017: IP, (3)(a)(II), and (3)(b) amended, (HB 17-1239), ch. 261, p. 1205, § 13, effective August 9.

Cross references: For the legislative declaration contained in the 2009 act amending subsection (3)(b) and adding subsection (5), see section 1 of chapter 348, Session Laws of Colorado 2009.


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