8 CCR 1504-9
DEPARTMENT OF HIGHER EDUCATION Colorado Commission on Higher Education RULES FOR THE ADMINISTRATION OF THE COLORADO OPPORTUNITY SCHOLARSHIP INITIATIVE 8 CCR 1504-9 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Emergency rule concerning the distribution of American Rescue Plan funds to institutes of higher education for programs that support eligible students to re-enroll and complete postsecondary credentials.
Section 1 Authority This emergency rule is adopted pursuant to sections 23-3.3-1004 and 23-3.3-1006, C.R.S., and is intended to be consistent with the requirements of the State Administrative Procedures Act, section 24-4- 101 et seq., C.R.S.
Section 2 Scope and Purpose On June 29, 2021, Governor Polis signed House Bill 21-1330, appropriating American Rescue Plan funds to COSI to support students impacted by COVID-19 in obtaining a postsecondary credential or degree. House Bill 21-1330 directs the Board to adopt necessary rules and distribute this money to IHEs as soon as practicable. Pursuant to section 24-4-103(6)(a), C.R.S., the Board finds that the immediate adoption of this emergency rule is necessary to comply with House Bill 21-1330 and preserve the public welfare by distributing American Rescue Plan funds to IHEs for use in the 2021/2022 academic year. Therefore, compliance with the requirements of section 24-4-103, C.R.S., would be contrary to the public interest. Section 3 Applicability This emergency rule shall be applicable to any state institution of higher education identified in section 23-18-102(10)(a), local district colleges, and area technical colleges. Section 4 Definitions A. “Allocation” means the amount of money appropriated to COSI that the Board determines should be made available to an IHE in accordance with this emergency rule. B. “American Rescue Plan” means the federal “H.R. 1319—117th Congress: American Rescue Plan Act of 2021,” Pub. L. 117-2.
C. “Board” means the Colorado Opportunity Scholarship Initiative Advisory Board created in section 23-3.3-1004, C.R.S.
D. “COSI” means the Colorado Opportunity Scholarship Initiative created in section 23-3.3.-1003, C.R.S.
E. “Designated Student” means undergraduate, in-state students whose expected family contribution did not exceed 250% for the maximum Pell-eligible expected family contribution for a federal Pell grant 1 CODE OF COLORADO REGULATIONS 8 CCR 1504-9 Colorado Commission on Higher Education F. “Direct Financial Assistance” means the portion of an allocation that an IHE will distribute directly to eligible students in the form of scholarships, financial assistance for the cost of attendance, and other direct student financial incentives or assistance. G. “Eligible Student” means an undergraduate in-state student who: 1. Earned some postsecondary credits from a public or private institute of higher education but did not complete the credits needed for a postsecondary credential or degree before deciding not to enroll for two or more consecutive semesters; or 2. Was admitted to a public institute of higher education as a first-time student for the 2019- 20 or 2020-21 academic year bud did not enroll at any institution for the 2020-21 academic year.
H. “IHE” means a state institute of higher education identified in section 23-18-102(10)(a), a local district college, or an area technical college.
I. “Indirect Financial Assistance” means money that will be used by an IHE for student support services.
J. “SAP” means the student assistance plan that an IHE develops as part of its application to COSI to describe how the IHE will spend the amount allocated to it pursuant to this emergency rule. Section 5 Initial Calculation of Allocation A. The first half of an IHE’s allocation shall be based on that IHE’s headcount enrollment for the 2019-20 academic year of designated students.
B. The second half of an IHE’s allocation shall be based on that IHE’s full-time equivalent enrollment for the for the 2019-20 academic year of designated students. C. The Board shall separately adjust the first and second half of an IHE’s allocation based on the following characteristics of that IHE:
1. Location in a rural area.
2. Total headcount enrollment.
3. Characteristics unique to area technical colleges.
Section 6 Submission of Student Assistance Plans A. As soon as practicable, the Board shall publish a request for SAPs. B. To receive an allocation, an IHE must submit a student-centered SAP to the Board. C. Each SAP must describe the intended use of the allocation to support eligible students and specify:
1. The amount of the allocation requested.
2. The timeline for receiving the allocation or portions thereof over the 2021-22 and 2022-23 academic years, and any additional use of funds expected thereafter between 2023 – 2024 and 2025-2026 academic years.
2 CODE OF COLORADO REGULATIONS 8 CCR 1504-9 Colorado Commission on Higher Education 3. Using the data collected by the IHE during SAP pre-work, the population of eligible students that the plan is designed to support, which should focus on disproportionately impacted student populations.
4. The respective percentages of the allocation that will be used for direct and indirect financial assistance.
5. Using the program budget and narrative template provided in the published request for SAPs, an explanation as to how the IHE will use the allocation to support eligible students through indirect financial assistance in alignment with the COSI Community Partner Program model on campus, through a subgrant with a COSI partner or any combination therein, as set forth in 8 CCR 1504-9 section 3.0. 6. Using the statement of work template provided in the published request for SAPs, the specific, measurable goals that the IHE expects to achieve through the SAP, which must include:
a. Increasing retention of the identified population of eligible students. b. Increasing enrollment, persistence, and completion for said students. c. For IHEs other than area technical colleges, decreasing student debt for said students.
7. The metrics and data that the institution will use to measure the degree of success in meeting the identified goals in alignment with COSI’s existing annual reporting and data collection and as set forth in 8 CCR 1504-9 section 4.0. D. All SAPs are subject to review and approval of the Board. Section 7 Review and Approval of Student Assistant Plans A. The Board shall review each SAP submitted and distribute all or a portion of an IHE’s allocation as soon as practicable after the Board approves the SAP. An IHE may receive up to 100% of its allocation over two academic years beginning in the 2021-22 academic year. B. Before approving an SAP, the Board shall consider:
1. The respective percentages of the allocation that will be used for direct and indirect financial assistance, with the intent that a greater percentage is spent as direct financial assistance.
2. The population of eligible students that the SAP is designed to support, including whether the SAP includes traditional and nontraditional students and the degree to which the SAP focuses on disproportionately impacted student populations. 3. The speed and efficiency with which the IHE expects to distribute its allocation to eligible students.
4. The quality of the SAP, including:
a. The rigor of programming and quality of the evaluation measures. 3 CODE OF COLORADO REGULATIONS 8 CCR 1504-9 Colorado Commission on Higher Education b. The likelihood that the IHE will meet the goals specified the SAP and that the SAP will result in significant increases in eligible student enrollment, persistence, and completion.
c. For institutions other than area technical colleges, the likelihood that the SAP will result in significant decreases in student debt.
C. Before approving an SAP, the Board may provide feedback to the submitting IHE, including suggested changes, and require the IHE to revise and resubmit the plan. 4 CODE OF COLORADO REGULATIONS 8 CCR 1504-9 Colorado Commission on Higher Education Authority: 23-3.3-1004(4), C.R.S.; HB: 14-1384 0.0 Statement of Basis and Purpose These rules are promulgated pursuant to the authority in section 23-3.3-1004(4), C.R.S., and are intended to be consistent with the requirements of the State Administrative Procedures Act, section 24-4- 101 et seq. C.R.S. Section 23-3.3-1001 et seq. C.R.S. authorizes the Colorado Opportunity Scholarship Initiative (“the initiative”) to award scholarships or grants to students, state agencies, nonprofit organizations, and public institutions of higher education committed to ensuring that every Colorado student has the support needed to enter a postsecondary opportunity, persist and succeed, and enter his or her desired position in the workforce. These rules shall establish criteria for eligibility of students and community partner programs to participate in the initiative. 1.0 Definitions 1.01 “Board” means the Colorado Opportunity Scholarship Initiative Advisory Board created in section 23-3.3-1004, C.R.S.
1.02 “Cost of attendance” means the student’s cost of attending an institution of higher education that is determined by the institution of higher education based on federal and Commission policy, and includes tuition, fees, room, board, books, supplies, transportation, and other allowable expenses. 1.03 “Department” means the Colorado Department of Higher Education created pursuant to section 24-1-114, C.R.S.
1.04 “Expected family contribution” means the amount of money, calculated based on federal policy, that a student’s family is expected to contribute to the student’s cost of attendance at an institution of higher education.
1.05 “Financial Assistance” means money awarded to a student based on the student’s cost of attendance at the institution of higher education.
1.06 “Nonprofit organization” means a tax-exempt charitable or social welfare organization operating under section 501(c)(3) or 501(c)(4) of title 26 of the United States Code, the federal “Internal Revenue Code of 1986”, as amended, available electronically at https://www.govinfo.gov/app/details/USCODE-2018-title26/USCODE-2018-title26-subtitleA- chap1-subchapF-partI-sec501. The U.S. Internal Revenue Service is located at 1999 Broadway, Denver, CO 80202. The Colorado Department of Higher Education maintains a copy available for public inspection at 1600 Broadway, Suite 2200, Denver, CO 8020, during regular business hours. Upon request, the Colorado Department of Higher Education will provide an electronic copy for free or a printed copy for a reasonable per page charge. 2.0 Grant Awards for Matching Student Scholarships 2.01 Initiative grant awards for matching student scholarships are intended to: 2.01.1 Generate greater availability of scholarship dollars for Colorado students with an Expected Family Contribution of less than one hundred percent of the annual federal Pell grant award and students with an Expected Family Contribution between one hundred percent and two hundred fifty percent of the annual federal Pell grant award; 2.01.2 Promote scholarship programs that include student support services to help students persist and complete a certificate or degree in a timely fashion; 5 CODE OF COLORADO REGULATIONS 8 CCR 1504-9 Colorado Commission on Higher Education 2.01.3 Encourage communities to create or leverage foundations that assist their students with covering the costs of higher education and motivate students to graduate and go on to pursue a degree or credential; and 2.01.4 To align tuition assistance programs with workforce development programs. 2.02 Award of initiative grants for matching student scholarships 2.02.1 The initiative shall approve and publicize the total funds available for matching student scholarship grants during each fiscal year.
2.02.2 The initiative shall distribute grants for matching student scholarships to entities committed and able to provide matching funds and not directly to students. 2.02.3 The initiative will award grants for matching student scholarships in Board approved categories during each fiscal year, including but not limited, to: County-based grants, Institution of Higher Education grants; and Workforce Development grants. 2.02.4 The initiative shall require all recipients of matching student scholarship grants to consider the following criteria when determining a student applicant’s eligibility to receive tuition assistance: courses of study; commitment to academic achievement; work experience; community involvement; and extracurricular activities. Additional criteria for eligibility of student applicants to receive tuition assistance may be determined and published annually in the initiative’s request for proposal for matching student scholarship grants.
2.02.5 Other Permitted Uses of Matching Funds 2.02.5.1 When, from time to time, the initiative is approached by funders interested in leveraging matching dollars for scholarship programs outside the funding streams outlined above, the Board may approve agreements that outline the matching ratio, scope of program, and annual commitment. 2.02.5.2 Whenever possible, staff will design scholarship projects that expand upon student support grant programs that have been awarded by the initiative. 2.03 Proposal evaluation and review process 2.03.1 Proposals will be reviewed by the initiative staff, Board and a cross-department team to ensure they contain all components required by the initiative’s request for proposal for matching student scholarship grants.
2.03.2 Each proposal will be scored and reviewed according to a process determined by the Department.
2.03.3 Initiative staff will organize and review all proposals and prepare for review by the cross- department team.
2.03.4 The cross-department team will review all proposals and determine recommended grant recipients and award amounts.
2.03.5 The cross-department team will present final recommendations to the Board. 2.03.6 The Board will make final decisions regarding grant recipients and award amounts. 6 CODE OF COLORADO REGULATIONS 8 CCR 1504-9 Colorado Commission on Higher Education 2.03.7 Entities chosen as matching student scholarship grant recipients will be contacted and notified of grant award amounts.
2.04 The Colorado Opportunity Scholarship Initiative will execute grant agreements with all entities chosen to receive matching student scholarship grants.
2.04.1 All grant agreements shall include the following provisions: 2.04.1.1 Matching funds will be provided on a 1:1 basis for every dollar brought to the table by approved matching partners, except in cases where the board has approved a different ratio through official policy 2.04.1.2 Once awarded, initiative grant funds will remain in the initiative’s account until such time as they are to be disbursed for the benefit of individual students receiving scholarships under a recognized initiative program. 2.04.1.3 Designated Matching Student Scholarship awards and matching funds must only be used for financial assistance awarded to Colorado students with an expected family contribution of less than one hundred percent of the annual federal Pell grant award and students with expected family contribution between one hundred percent and two hundred fifty percent of the annual federal Pell grant award.
2.04.1.4 To the extent practicable, grants of tuition assistance must be awarded to students representing rural and urban areas of the state and to students attending public vocational schools, community colleges, four-year institutions of higher education, and research institutions.
2.04.1.5 Agreements will include criteria regarding reporting requirements of each grant recipient.
3.0 Grant Awards to Community Partner Programs 3.01 Initiative grant awards to community partner programs are intended to: 3.01.1 Promote existing student success programs supporting students in postsecondary degree and certificate completion;
3.01.2 Increase the availability of programs and infrastructure, particularly in rural and underserved communities; and 3.01.3 Align student success best practices throughout the state to ensure that all students have access to services in an equitable way.
3.02 Award of initiative grants to community partner programs 3.02.1 Nonprofit organizations, governmental entities and community partnerships focused on student success activities and student support services shall be eligible to receive community partner program grant funds.
3.02.2 Student support services shall include:
3.02.2.1 Postsecondary preparatory services;
3.02.2.2 Career and college support professional’s salaries and benefits; 7 CODE OF COLORADO REGULATIONS 8 CCR 1504-9 Colorado Commission on Higher Education 3.02.2.3 Student services that address remediation, graduation, retention, and drop out/stop out prevention;
3.02.2.4 Professional development;
3.02.2.5 Program development;
3.02.2.6 Indirect costs (up to 5%);
3.02.2.7 Travel;
3.02.2.8 Consulting services; and 3.02.2.9 Program supplies and equipment.
3.03 Criteria used to evaluate proposals for community partner program grants 3.03.1 Proposals will be evaluated in accordance with the following statutory criteria, pursuant to section 23-3.3-1001 et seq. C.R.S.:
3.03.1.1 Reductions in remediation rates and associated costs; 3.03.1.2 Increases in graduation rates;
3.03.1.3 Reductions in average time required to earn a degree; 3.03.1.4 Increases in student retention rates;
3.03.1.5 Reductions in disparities between the academic achievements of certain student populations based on demographic, geographic, and economic indicators;
3.03.1.6 Adoption of best practices for student support services; 3.03.1.7 Implementation of postsecondary and professional competencies; 3.03.1.8 Fulfillment of local workforce needs;
3.03.1.9 Reductions in student loan debt;
3.03.1.10 Improvements in tuition affordability; and 3.03.1.11 Improvements in students’ access to Federal grant programs and other Federal sources of support for postsecondary students.
3.03.2 Proposals will be also be evaluated in accordance with the following additional criteria: 3.03.2.1 Scalability and replicability of program;
3.03.2.2 Affordability and cost of implementation;
3.03.2.3 Plans for sustainability and institutionalization; 3.03.2.4 Alignment with Key Performance Measures outlined in the initiative’s Strategic Plan; and 8 CODE OF COLORADO REGULATIONS 8 CCR 1504-9 Colorado Commission on Higher Education 3.03.2.5 Alignment with Colorado Commission on Higher Education Master Plan Goals pursuant to section 23-1-108(1.5), C.R.S.
3.04 Proposal evaluation and review process 3.04.1 Proposals from community partner programs will be reviewed by the initiative staff, Board and a cross-department team to ensure they contain all components required by the initiative’s request for proposal for community partner program grants. 3.04.2 Each proposal will be scored and reviewed according to a process determined by the Department.
3.04.3 Initiative staff will organize and review all scores and categorize proposals by program type to prepare for review by the cross-department team. 3.04.4 The cross-department team will review all scores and determine recommended grant recipients and award amounts, 3.04.5 The cross-department team will present final recommendations to the Board. 3.04.6 The Board will make final decisions regarding grant recipients and award amounts. 3.04.7 Community partner programs chosen as grant recipients will be contacted and notified of grant award amounts.
3.05 The initiative will execute grant agreements with all community partner programs chosen as grant recipients.
3.06 Grants will be awarded pursuant to the terms of the mutually executed grant agreements. However, grant funding beyond the first year will be contingent upon annual appropriations by the general assembly and the discretion of the initiative. Community partner programs chosen as grant recipients will be eligible for continued funding for a second year upon successful demonstration of the following:
3.06.1 Submission of all required evaluation materials; 3.06.2 Adequate progress toward successful attainment of annual objectives; 3.06.3 Completion of a program development report after the first year of the grant award to demonstrate fidelity to proceed with the second year; and 3.06.4 Completion of a satisfactory budget for the second year. 4.0 Evaluation of the effectiveness of the initiative in improving higher education outcomes in the state 4.01 The initiative shall use the following criteria for evaluating the effectiveness of the initiative in improving higher education outcomes in the state:
4.01.1 Reductions in remediation rates and associated costs; 4.01.2 Increases in graduation rates;
4.01.3 Reductions in average time required to earn a degree; 9 CODE OF COLORADO REGULATIONS 8 CCR 1504-9 Colorado Commission on Higher Education 4.01.4 Increases in student retention rates;
4.01.5 Reductions in disparities between the academic achievements of certain student populations based on demographic, geographic, and economic indicators; 4.01.6 Adoption of best practices for student support services; 4.01.7 Fulfillment of local workforce needs;
4.01.8 Reductions in student loan debt;
4.01.9 Improvements in tuition affordability; and 4.01.10 Improvements in students’ access to federal grant programs and other federal sources of support for postsecondary students.
4.02 The initiative shall require entities in receipt of matching student scholarship grant funds and community partner program grant funds to provide any information needed to evaluate the initiative’s impact on higher education outcomes in the state according to the above criteria. _________________________________________________________________________ Editor’s Notes History Entire rule eff. 10/15/2015.
Rules 2.02.4, 2.03-2.04, 4.0 emer. rules eff. 10/16/2015. Rules 2.02.4, 2.03-2.04, 4.0 eff. 01/14/2016.
Rules 0.0, 1.0, 2.01.1, 2.02.3, 2.04.1.1, 2.04.1.3, 2.04.1.5, 3.02, 3.03.2, 3.04.4, 3.05 eff. 08/30/2020. Sections 1-7 emer. rules eff. 07/14/2021.
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