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.] _________________________________________________________________________ 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 sections 23-3.3-1004(4), 23-3.3-1006, and 23- 3.3-1007 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 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 “Application completion rate” means the percentage of students enrolled in a high school operated by a local education provider who complete the student aid applications in a single school year.
1.02 “Allocation” means the amount of money appropriated to the Initiative that the Board determines should be made available to an IHE in accordance with HB21-1330. 1.03 “American Rescue Plan” means the federal “H.R. 1319—117th Congress: American Rescue Plan Act of 2021,” Pub. L. 117-2 available electronically at: https://www.congress.gov/bill/117th- congress/house-bill/1319/text. The U.S. Department of Education is located at 1244 Speer Blvd., Ste. 310, Denver, CO 80204. The Colorado Department of Higher Education maintains a copy available for public inspection at 1600 Broadway, Ste. 2200, Denver, CO 80202, during regular business hours. Upon request, the Department will provide an electronic copy for free or a printed copy for a reasonable per page charge.
1.04 “Board” means the Colorado Opportunity Scholarship Initiative Advisory Board created in section 23-3.3-1004, C.R.S.
1.05 “Cost of attendance” means the student’s cost of attending a public or private 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.
1.06 “Department” means the Colorado Department of Higher Education created pursuant to section 24-1-114, C.R.S.
1 CODE OF COLORADO REGULATIONS 8 CCR 1504-9 Colorado Commission on Higher Education 1.07 “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 1.08 “Direct financial assistance” means the portion of an allocation that a public institution of higher education 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. 1.09 “Eligible student” means, at the time of re-engagement, an undergraduate in-state student who: 1.09.1 Earned some postsecondary credits from a public or private institution 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 1.09.2 Was admitted to a public institution of higher education as a first-time student for the 2019-20 or 2020-21 academic year but did not enroll at a public or private institution of higher education for the 2020-21 academic year.
1.10 “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 a public or private institution of higher education.
1.11 “Financial assistance” means money awarded to a student based on the student’s cost of attendance at a public or private institution of higher education. 1.12 “Grant program” means the student aid applications completion grant program created in section 5.
1.13 “Indirect financial assistance” means money that will be used by a public institution of higher education for student support services.
1.14 “Initiative” means the Colorado Opportunity Scholarship Initiative created in section 23-3.3.-1003, C.R.S.
1.15 “Local education provider” means a school district organized pursuant to sections 22-30-101 et seq., C.R.S., a charter school authorized by a school district pursuant to sections 22-30.5-101 et seq., C.R.S., a charter school authorized by the state charter school institute pursuant to sections 22-30.5-501 et seq., C.R.S., or a board of cooperative services that operates a high school created pursuant to sections 22-5-101 et seq., C.R.S..
1.16 “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. 1.17 “Private higher education institution” means a private institution of higher education as defined in section 23-18-102(9), C.R.S.
2 CODE OF COLORADO REGULATIONS 8 CCR 1504-9 Colorado Commission on Higher Education 1.18 “Public higher education institution” means a state institution of higher education as defined in section 23-18-102 (10)(a), C.R.S., a local district college created pursuant to section 23-71-101 et seq., C.R.S., or an area technical college as defined in section 23-60-103, C.R.S. 1.19 “SAP” means the student assistance plan that a public institution of higher education develops as part of its application to the Initiative to describe how the institution will spend the amount allocated to it pursuant to HB21-1330.
1.20 “Student aid applications” means the free application for federal student aid and the Colorado application for student financial aid.
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; 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. 3 CODE OF COLORADO REGULATIONS 8 CCR 1504-9 Colorado Commission on Higher Education 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 and Board to ensure they contain all components required by the initiative’s request for proposal for matching student scholarship grants. Competitive proposals will be reviewed by the cross-department team.
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 competitive proposals and determine recommended grant recipients and award amounts.
2.03.5 The initiative staff will present final recommendations to the Board. 2.03.6 The Board will make final decisions regarding grant recipients and award amounts. 2.03.7 Entities chosen as matching student scholarship grant recipients will be contacted and notified of grant award amounts.
2.04 The 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.
4 CODE OF COLORADO REGULATIONS 8 CCR 1504-9 Colorado Commission on Higher Education 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; 3.02.2.3 Student services that address remediation, graduation, retention, and drop out/stop out prevention;3.02.2.4 Professional development; 3.02.2.4 Program development;
3.02.2.5 Indirect costs (up to 5%);
3.02.2.6 Travel;
3.02.2.7 Consulting services; and 3.02.2.8 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;
5 CODE OF COLORADO REGULATIONS 8 CCR 1504-9 Colorado Commission on Higher Education 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 3.03.2.5 Alignment with Colorado Commission on Higher Education Strategic 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 initiative staff 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.
6 CODE OF COLORADO REGULATIONS 8 CCR 1504-9 Colorado Commission on Higher Education 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 Use of American Rescue Plan funds to support student success in obtaining postsecondary credentials 4.01 The Board shall calculate allocations from American Rescue Plan funds to public institutions of higher education as follows:
4.01.1 The first half of an institution’s allocation shall be based on that institution’s headcount enrollment for the 2019-20 academic year of designated students. 4.01.2 The second half of an institution’s allocation shall be based on that institution’s full-time equivalent enrollment for the 2019-20 academic year of designated students. 4.01.3 The Board shall separately adjust the first and second half of an institution’s allocation based on the following characteristics of that institution: 4.01.3.1 Location in a rural area.
4.01.3.2 Total headcount enrollment.
4.01.3.3 Characteristics unique to area technical colleges 4.02 The Board shall request and public institutions of higher education may submit student application plans as follows:
4.02.1 As soon as practicable, the Board shall publish a request for SAPs. 4.02.2 To receive an allocation, an institution must submit a student-centered SAP to the Board. 4.02.3 Each SAP must describe the intended use of the allocation to support eligible students and specify:
4.02.3.1 The amount of the allocation requested.
4.02.3.2 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. 4.02.3.3 Using the data collected by the institution during SAP pre-work, the population of eligible students that the plan is designed to support, which should focus on disproportionately impacted student populations. 7 CODE OF COLORADO REGULATIONS 8 CCR 1504-9 Colorado Commission on Higher Education 4.02.3.4 The respective percentages of the allocation that will be used for direct and indirect financial assistance.
4.02.3.5 Using the program budget and narrative template provided in the published request for SAPs, an explanation as to how the institution will use the allocation to support eligible students through indirect financial assistance in alignment with the initiative’s Community Partner Program model on campus, through a subgrant with an initiative partner or any combination therein, as set forth in 8 CCR 1504-9 section 3.0.
4.02.3.6 Using the statement of work template provided in the published request for SAPs, the specific, measurable goals that the institution expects to achieve through the SAP, which must include:
4.02.3.6.1 Increasing retention of the identified population of eligible students.
4.02.3.6.2 Increasing enrollment, persistence, and completion for said students.
4.02.3.6.3 For institutions other than area technical colleges, decreasing student debt for said students.
4.02.3.5 The metrics and data that the institution will use to measure the degree of success in meeting the identified goals in alignment with the Initiative’s existing annual reporting and data collection and as set forth in 8 CCR 1504-9 section 4.0.
4.02.4 All SAPs are subject to review and approval of the Board. 4.03 Board review and approval of SAPs submitted by public institutions of higher education 4.03.1 The Board shall review each SAP and distribute all or a portion of an institution’s allocation as soon as practicable after the Board approves the SAP. An institution may receive up to 100% of its allocation over two academic years beginning in the 2021-22 academic year.
4.03.2 Before approving an SAP, the Board shall consider: 4.03.2.1 The respective percentages of the allocation that will be used for direct and indirect financial assistance, with the intent that a greater percentage is used for direct financial assistance.
4.03.2.2 The population of eligible students that the SAP is designed to support, including traditional and nontraditional students and the degree to which the SAP focuses on disproportionately impacted student populations. 4.03.2.3 The speed and efficiency with which the institution expects to distribute its allocation.
4.03.2.4 The quality of the SAP, including:
4.03.2.4.1 The rigor of programming and quality of the evaluation measures.
8 CODE OF COLORADO REGULATIONS 8 CCR 1504-9 Colorado Commission on Higher Education 4.03.2.4.2 The likelihood that the institution will meet the goals specified in the SAP and that the SAP will result in significant increases in eligible student enrollment, persistence, and completion.
4.03.2.4.3 For public institutions of higher education other than area technical colleges, the likelihood that the SAP will result in significant decreases in student debt.
4.03.3 Before approving an SAP, the Board may provide feedback to the submitting institution, including suggested changes, and require the institution to revise and resubmit the plan. 4.04 Reporting obligations of public institutions of higher education 4.04.1 By August 1, 2022, each institution that received an allocation shall submit a draft report to the Board that includes:
4.04.1.1 A detailed explanation of the amount of an allocation that the institution spent during the 2021-22 academic year, including the number of eligible students served, the amount of direct financial assistance, and support services provided to eligible students.
4.04.1.2 An explanation of the prior year’s progress in relation to the institution’s statement of work, budget expenditures, and student data in alignment with the initiative’s reporting requirements 4.04.1.3 Any other data that demonstrates the institution's progress toward and achievement of the goals of assisting eligible students to enroll, persist, and complete postsecondary credentials and, for public institutions of higher education other than area technical colleges, decrease student debt; 4.04.1.4 Any other data related to the use of the allocation that the board requests; and 4.04.1.5 If any portion of the allocation remains undistributed, a request that the Board distribute the remainder and a description of any revisions to the institution's SAP for spending the remainder, including an updated statement of work and budget for the following year.
4.04.2 At the end of the 2021-22 academic year, by September 1, each public institution of higher education shall submit a final report to the board after consultation with the Initiative staff.
4.04.3 The Board shall review each institution’s report and determine that institution's success in achieving the goals identified in the institution's SAP. 4.04.4 For each institution that requests the distribution of the remainder of the institution's allocation 4.04.4.1 The Board shall review the institution's SAP, including any revisions; 4.04.4.2 Based on the criteria specified in 4.03, the Board may provide feedback and require changes to the plan before distributing the remainder to the institution for the 2022-23 academic year.
9 CODE OF COLORADO REGULATIONS 8 CCR 1504-9 Colorado Commission on Higher Education 4.04.4.3 An institution that implements an SAP during the 2022-23 academic year and that continues to implement the SAP in subsequent academic years shall submit an annual draft report to the Board by August 1, and a final by September 1, as it pertains to each academic year in which the SAP continues to be implemented.
4.05 Reporting obligations of the Board 4.05.1 By December 1, 2022, and by December 1 each year thereafter so long as the Board continues to receive reports pursuant to Rule 4.04, the director of the initiative shall submit a summary of the Rule 4.04 reports to the Joint Budget Committee and to the Education Committees of the Senate and the House of Representatives . 4.05.2 The initiative’s summary must include for each reporting institution: 4.05.2.1 The amounts allocated and distributed ;
4.05.2.2 The amount spent on direct financial assistance, the amount spent on indirect financial assistance, the types of direct financial assistance provided, and they types of indirect financial assistance provided;
4.05.2.3 The number of eligible students who re-enrolled during the academic years when the institution's SAP was implemented;
4.05.2.4 The postsecondary credentials awarded to eligible students who received assistance through the institution's SAP; and 4.05.2.5 Any additional information the Board deems useful in determining the degree to which American Rescue Plan funds were successfully spent to increase eligible student enrollment, persistence, and completion and decrease student debt.
5.0 Student aid applications completion grant program 5.01 The student aid applications completion grant program is intended to assist local education providers in increasing the number of students who completeof student aid applications before graduating from high school.
5.02 To be eligible for the grant program a local education provider must require students to complete the student aid applications before graduation unless the requirements is waived under conditions described by the local education provider.
5.03 A local education provider that seeks to participate in the grant program must submit an application to the Board.
5.03.1 The application must include:
5.03.1.1 The student aid application completion rate for high schools operated by the local education provider for the school year immediately preceding the application;
5.03.1.2 The local education provider's goal for increasing the student aid application completion rate;
10 CODE OF COLORADO REGULATIONS 8 CCR 1504-9 Colorado Commission on Higher Education 5.03.1.3 The conditions under which the local education provider may waive the requirement that a student complete the student aid applications before graduating from high school;
5.03.1.4 Whether the local education provider is partnering or intends to partner with a community-based nonprofit organization or an institution of higher education to support students in completing the student aid applications; 5.03.1.5 How the local education provider intends to use the money received through the grant program to increase the student aid application completion rate.
5.04 The Board shall review the submitted grant applications and, subject to availability, award the grants from money appropriated pursuant to section 23-3.3-1005(7), C.R.S. 5.05 In awarding grants, the Board shall prioritize applicants that partner with one or more community- based nonprofit organizations or institutions of higher education. 5.06 Before awarding grants, the Board shall consult with the Department of Education. 5.07 On or before August 1 immediately following completion of a school year in which a local education provider received a grant, the provider shall submit a report to the Board specifying how the grant money was used to increase the student aid application completion rate and whether and to what degree the rate increased from the preceding school year. 5.08 On or before November 1, 2022, and on or before November 1 for each year in which a local education provider submits a report, the Board shall include in the annual report prepared pursuant to section 23-3.3-1004(4)(c), C.R.S., a summary of the reports received from the providers. The Board may include in the summary recommendations concerning continuation of and changes to the grant program.
6.0 Evaluation of the effectiveness of the initiative in improving higher education outcomes in the state 6.01 The initiative shall use the following criteria for evaluating the effectiveness of the initiative in improving higher education outcomes in the state:
6.01.1 Reductions in remediation rates and associated costs; 6.01.2 Increases in high school graduation and certificate and degree completion rates; 6.01.3 Reductions in average time required to earn a certificate or degree; 6.01.4 Increases in student retention rates;
6.01.5 Reductions in disparities between the academic achievements of certain student populations based on demographic, geographic, and economic indicators; 6.01.6 Adoption of best practices for student support services; 6.01.7 Fulfillment of local workforce needs;
6.01.8 Reductions in student loan debt;
6.01.9 Improvements in tuition affordability; and 11 CODE OF COLORADO REGULATIONS 8 CCR 1504-9 Colorado Commission on Higher Education 6.01.10 Improvements in students’ access to federal grant programs and other federal sources of support for postsecondary students.
6.02 The initiative shall require entities in receipt of 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; expired 11/11/2021. Entire rule eff. 11/14/2021.
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