C.R.S. § 24-1-114: Department of higher education - creation - mission - legislative intent - definitions - repeal.

(1) There is hereby created a department of higher education, the head of which shall be the executive director of the Colorado commission on higher education, who shall be appointed by the governor and whose powers and duties are as specified in this section.

(1) There is created the department of higher education, the head of which is the executive director of the department of higher education, who is appointed by the governor and whose powers and duties are as specified in this section.

(1.1) (a) Beginning July 1, 2028, the department's mission is to oversee a system of postsecondary talent development that integrates postsecondary educational, training, and employment resources for Coloradans. It is the intent of the general assembly to evaluate the recommendations of the postsecondary talent development system transition advisory committee created in section 24-38-302, make any necessary statutory changes to effectuate the expansion of the department's mission to oversee a system of postsecondary talent development, and rename the department accordingly.

(b) This subsection (1.1) is repealed, effective June 30, 2029.

(1.5)

(a) As used in this section, unless the context otherwise requires:

(I) "Commission" means the Colorado commission on higher education created in section 23-1-102.

(II) "Department" means the department of higher education.

(III) "Executive director" means the executive director of the department.

(b) (I) Effective July 1, 2028, the executive director of the Colorado commission on higher education is renamed the executive director of the department of higher education.

(II) On and after July 1, 2028, as used in every statute, unless the context otherwise requires, "executive director of the Colorado commission on higher education" means the "executive director of the department of higher education".

(III) The revisor of statutes is authorized to change all references in the Colorado Revised Statutes to the executive director of the Colorado commission on higher education, as appropriate.

(2) The Colorado commission on higher education and the office of executive director of the commission, created in article 1 of title 23, are type 1 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of higher education.

(2) The Colorado commission on higher education and the office of executive director of the department, created in article 1 of title 23, are type 1 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department.

(2.5) Repealed.

(3) The department of higher education includes the following divisions:

(a) Repealed.

(b) The state historical society, created in part 2 of article 80 of this title 24. The state historical society is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions as a division of the department of higher education.

(c) The student loan division, created in article 3.1 of title 23. The division and the office of the director of the division are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of higher education.

(d) The private occupational school division, created in article 64 of title 23. The private occupational school board, created by section 23-64-107, is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of higher education. The division, except for the private occupational school board, and the office of the director of the division are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of higher education and the executive director of the department.

(4) For the purposes of section 22 of article IV of the state constitution, the following are allocated to the department of higher education but shall otherwise continue to be administered as provided by law:

(a) The regents of the university of Colorado, created by section 12 of article IX of the state constitution, and the university of Colorado, created by section 5 of article VIII of the state constitution;

(b) The board of governors of the Colorado state university system, created by part 1 of article 30 of title 23, C.R.S.; Colorado state university, created by article 31 of title 23, C.R.S.; and Colorado state university - Pueblo, created by article 31.5 of title 23, C.R.S.;

(c) (Deleted by amendment, L. 2003, p. 792, § 17, effective July 1, 2003.)

(d) The board of trustees for the university of northern Colorado, created by section 23-40-104 (1), C.R.S., and the university of northern Colorado at Greeley, created by article 40 of title 23, C.R.S.;

(e) The board of trustees of the Colorado school of mines, created by article 41 of title 23, C.R.S., and the school of mines at Golden, created by section 5 of article VIII of the state constitution;

(f) State board for community colleges and occupational education and the offices of director of occupational education and director of community and technical colleges, created by article 60 of title 23, C.R.S.;

(g) Repealed.

(h) The board of trustees for Adams state university, created by article 51 of title 23, C.R.S.;

(i) The board of trustees for Colorado Mesa university, created by article 53 of title 23, C.R.S.;

(j) The board of trustees for Metropolitan state university of Denver, created by article 54 of title 23, C.R.S.;

(k) The board of trustees for Western Colorado university, created by article 56 of title 23;

(l) The board of trustees for Fort Lewis College, created by article 52 of title 23, C.R.S.

(5) (a) With respect to the divisions of the department specified in subsection (3) of this section, the executive director shall have the powers, duties, and functions prescribed in this article for heads of principal departments.

(b) With respect to the Colorado commission on higher education and the universities, colleges, and boards specified in subsection (4) of this section, the executive director has only those powers, duties, and functions prescribed in article 1 of title 23; except that the executive director of the Colorado commission on higher education is authorized to negotiate, implement, and monitor contracts, as described in sections 23-18-201 (2), 23-18-303.5, and 23-18-304, with universities, colleges, and boards, in consultation with the Colorado commission on higher education.

(b) With respect to the Colorado commission on higher education and the universities, colleges, and boards specified in subsection (4) of this section, the executive director has only those powers, duties, and functions prescribed in article 1 of title 23; except that the executive director is authorized to negotiate, implement, and monitor contracts, as described in sections 23-18-201 (2), 23-18-303.5, and 23-18-304, with universities, colleges, and boards, in consultation with the Colorado commission on higher education.

(6) The office of state archaeologist, created in part 4 of article 80 of this title 24, is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions as a section within the state historical society.