C.R.S. § 23-3.3-102: Assistance program authorized - procedure - audits - definitions - repeal.

(1) The general assembly hereby authorizes the commission to establish a program of financial assistance, to be operated during any school sessions, including summer sessions for students attending institutions.

(2) The commission shall determine, by guideline, the institutions eligible for participation in the program and shall annually determine the amount allocated to each institution.

(3) Each state institution shall administer a financial assistance program according to policies and procedures established by the governing board of the institution. Each private institution of higher education, as defined in section 23-18-102 (9), that participates in the program of financial assistance established pursuant to this section shall administer a financial assistance program according to policies and procedures established by the governing board of the institution. Each participating nonpublic institution that is not a private institution of higher education shall administer a financial assistance program according to policies and procedures established by the commission. Each institution shall fund its assistance program using state moneys allocated to the institution and institutional moneys.

(3.5) Notwithstanding any provision of this article to the contrary, each participating institution shall adopt policies and procedures to allow a person who meets the following criteria to qualify for financial assistance through the financial assistance programs established pursuant to this article:

(a) The person qualifies as an in-state student; and

(b) The person is enrolled at an institution that participates in the programs of financial assistance established pursuant to this article; and

(c) The person is enrolled in an approved program of preparation, as defined in section 22-60.5-102 (8), C.R.S., for principals.

(4) Program disbursements shall be handled by the institution subject to audit and review.

(5) Upon commencement of participation in the program, no participating institution shall decrease the amount of its own funds spent for student aid below the amount so spent prior to participation in the program.

(6) In determining the amount allocated to each institution that is not a state institution or a nonpublic institution of higher education, the commission shall consider only that portion of financial need which would have existed were the institution's tuition no greater than the highest in-state tuition rate charged by a comparable state institution. In determining the amount allocated to each nonpublic institution of higher education, the commission shall base its determination upon the cost of attendance at a nonpublic institution of higher education.

(7) Each annual budget request submitted by the commission shall provide information on the proposed distribution of moneys among the programs developed under this article. Subsequent to final appropriation, the commission shall provide to the joint budget committee an allocation proposal specifically identifying the distributions among programs for the coming year. Expenditures in any program shall not exceed the allocation for that program by more than ten percent of such allocation, and the total appropriation for all student aid programs shall not be exceeded. The commission may require such reports from institutions as are necessary to fulfill the reporting requirements of this subsection (7) and to perform other administrative tasks.

(7.5) (a) Notwithstanding this section to the contrary, the department of higher education may transfer funds to the college opportunity fund program created in section 23-18-201 for college opportunity fund stipends for undergraduate students who attend participating private institutions of higher education. Expenditures for college opportunity fund stipends for undergraduate students who attend participating private institutions of higher education must not exceed the total allocation authorized for college opportunity fund stipends for undergraduate students who attend participating private institutions of higher education by more than thirty percent of the allocation. Expenditures for college opportunity fund stipends for undergraduate students who attend participating private institutions of higher education and expenditures authorized pursuant to this article 3.3 must not exceed the total sum of annual appropriations for college opportunity fund stipends for undergraduate students who attend participating private institutions of higher education and the appropriations set forth in this article 3.3.

(b) As used in this subsection (7.5), unless the context otherwise requires:

(I) "College opportunity fund stipends" means the stipends distributed as part of the college opportunity fund program created in section 23-18-201.

(II) "Participating private institution of higher education" has the same meaning set forth in section 23-18-102.

(III) "Undergraduate student" means an undergraduate student who attends a participating private institution of higher education and participates in the college opportunity fund program created in section 23-18-201.

(8) The state auditor or his or her designee shall audit, in accordance with state statute and federal guidelines, the program at any participating institution every other year to review residency determinations, needs analyses, awards, payment procedures, and such other practices as may be necessary to ensure that the program is being properly administered, but the audit shall be limited to the administration of the program at the participating institution. The state auditor may accept an audit of the program from an institution that is not a state institution from such institution's independent auditor. The cost of conducting audits of the program at an institution that is not a state institution shall be borne by such institution.

(9) Repealed.

(10) (a) Notwithstanding any provision of this title 23 to the contrary, for the 2026-27 state fiscal year, the commission shall not allocate money to a nonpublic institution of higher education; private institution of higher education, as defined in section 23-18-102 (9); or proprietary institution of higher education, for its students under a program of financial assistance established by the commission pursuant to this section.

(b) This subsection (10) is repealed, effective July 1, 2028.