Degrees - Honorary - Academic Achievement

C.R.S. tit. 23, art. 2
in effect

C.R.S. § 23-2-101 Legislative declaration

23-2-101. Legislative declaration. The general assembly declares that this article is enacted for the general improvement of the educational programs available to the residents of the state of Colorado; to establish high standards for the education of such residents; to prevent misrepresentation, fraud, and collusion in offering such educational programs to the public; to eliminate those practices relative to such programs which are incompatible with the public interest; and to protect, preserve, foster, and encourage the educational programs offered by private educational institutions which meet generally recognized criteria of quality and effectiveness as determined through voluntary accreditation. To these ends, this article shall be liberally construed.

C.R.S. § 23-2-102 Definitions

23-2-102. Definitions. As used in this article 2, unless the context otherwise requires: (1) "Alternate enrollment" means the opportunity for a student enrolled in a private college or university that ceases operation to meet the student's educational objectives through education provided by another authorized private college or university, a community college, an area technical college, or any other educational arrangement acceptable to the department and the commission. (2) "Authorization" means the authorization granted to a private college or university or seminary or religious training institution by the commission as provided in this article and the policies adopted pursuant to this article. Authorization is not an endorsement of the institution by either the commission or the department. (3) "Commission" means the Colorado commission on higher education created pursuant to section 23-1-102. (4) "Degree" means a statement, diploma, certificate, or other writing in any language that indicates or represents, or that is intended to indicate or represent, that the person named thereon is learned in or has satisfactorily completed a prescribed course of study in a particular field of endeavor or that the person named thereon has demonstrated proficiency in a field of endeavor as a result of formal preparation or training. (5) "Department" means the department of higher education created and existing pursuant to section 24-1-114, C.R.S. (6) "Enrollment agreement" means the contract prepared by a private college or university or seminary or religious training institution that a student signs to indicate agreement to the terms of admission, delivery of instruction, and monetary terms as outlined in the institution's student handbook or catalog. (7) "Governing board" means the elected or appointed group of persons that oversees and controls a private college or university or a seminary or religious training institution. (8) "Honorary degree" means a statement, diploma, certificate, or other writing in any language that indicates or represents, or that is intended to indicate or represent, that the person named thereon is learned in a field of public service or has performed outstanding public service or that the person named thereon has demonstrated proficiency in a field of endeavor without having completed formal courses of instruction or study or formal preparation or training. (9) "Out-of-state public institution" means an institution of higher education that is established by statute in a state other than Colorado. (10) "Owner" means: (a) An individual, if a private for-profit college or university is structured as a sole proprietorship; (b) Partners, if a private for-profit college or university is structured as a partnership; (c) Members in a limited liability company, if a private for-profit college or university is structured as a limited liability company; or statute in a state other than Colorado. (10) "Owner" means: (a) An individual, if a private for-profit college or university is structured as a sole proprietorship; (b) Partners, if a private for-profit college or university is structured as a partnership; (c) Members in a limited liability company, if a private for-profit college or university is structured as a limited liability company; or (d) Shareholders in a corporation that hold a controlling interest, if a private for-profit college or university is structured as a corporation. (11) "Private college or university" means a postsecondary educational institution doing business or maintaining a place of business in the state of Colorado, which institution enrolls the majority of its students in a baccalaureate or postgraduate degree program. (12) "Private nonprofit college or university" means a private college or university that maintains tax-exempt status pursuant to 26 U.S.C. sec. 501 (c)(3). (13) "Private occupational school" means an institution authorized by the private occupational school division under the provisions of article 64 of this title 23. (14) "Seminary" or "religious training institution" means a bona fide religious postsecondary educational institution that is operating or maintaining a place of business in the state of Colorado, that is exempt from property taxation under the laws of this state, and that offers baccalaureate, master's, or doctoral degrees or diplomas. (15) "State college or university" means a postsecondary educational institution, including a community or local district college, established and existing pursuant to law as an agency of the state of Colorado and supported wholly or in part by tax revenues.

C.R.S. § 23-2-102.5 Applicability of article

23-2-102.5. Applicability of article. (1) (a) A private college or university that enrolls a majority of its students at the certificate or associate level is regulated by the private occupational school division and the private occupational school board pursuant to article 64 of this title 23 and is not subject to the provisions of this article 2. (b) If, as a result of changes in student enrollment, a private college or university at times meets the definition provided in section 23-2-102 (11) and should therefore be regulated by the department and the commission, and at other times meets the requirements of paragraph (a) of this subsection (1) and should therefore be regulated by the private occupational school division and the private occupational school board, the private college or university is subject to regulation by the entity that is appropriate as of July 1, 2012, if the private college or university is authorized as of said date, or as of the date the institution applies for authorization, and the institution shall be regulated by the same entity for the following three years. The department shall review the status of the private college or university every three years after July 1, 2012, or every three years after initial authorization, whichever is appropriate, to determine whether the institution should be subject to regulation by the department and the commission or by the private occupational school division and the private occupational school board. (2) An out-of-state public institution may request authorization pursuant to the provisions of this article from the department and the commission. In seeking and maintaining authorization pursuant to this article, an out-of-state public institution is subject to the same criteria and requirements that apply to a private college or university.

C.R.S. § 23-2-103 Awarding degrees

23-2-103. Awarding degrees. Notwithstanding the provisions of section 7-50-105 or any other law to the contrary, a person, partnership, corporation, company, society, or association doing business in the state of Colorado shall not award, bestow, confer, give, grant, convey, or sell to any other person a degree or honorary degree upon which is inscribed, in any language, the word "associate", "bachelor", "baccalaureate", "master", or "doctor", or any abbreviation thereof, or offer courses of instruction or credits purporting to lead to any such degree, unless the person, partnership, corporation, company, society, or association is a state college or university; a private college or university that is authorized pursuant to this article 2; a private occupational school; a seminary or religious training institution that is authorized pursuant to this article 2; or a school, college, or university that offers courses of instruction or study in compliance with standards prescribed by part 1 of article 255 of title 12 and articles 100, 120, 215, 220, 240, 245, 275, 280, 285, 290, and 315 of title 12.

C.R.S. § 23-2-103.1 Commission - department - duties - limitation - reciprocity

23-2-103.1. Commission - department - duties - limitation - reciprocity. (1) The commission shall: (a) Establish procedures for authorizing, reauthorizing, and revoking the authorization of private colleges and universities and seminaries and religious training institutions in accordance with the provisions of this article, including but not limited to procedures by which an institution may apply for authorization or reauthorization and the procedures the department shall follow in reviewing applications and making recommendations to the commission; (b) Grant or deny authorizations, renew authorizations, and revoke authorizations pursuant to sections 23-2-103.3 and 23-2-103.4; (c) Establish the types and amounts of fees that a private college or university or seminary or religious training institution shall pay as required pursuant to section 23-2-104.5 (1); and (d) Establish policies to require private colleges and universities and seminaries and religious training institutions to submit to the department, upon request, data that is directly related to student enrollment and degree completion and, if applicable, student financial aid and educator preparation programs as described in section 22-60.5-121. The director of the commission and an employee of the department of higher education shall not divulge or make known in any way data for individual students or personnel, except in accordance with judicial order or as otherwise provided by law. A person who violates this subsection (1)(d) commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501, and shall be removed or dismissed from public service on the grounds of malfeasance in office. (2) The department shall administer the provisions of this article in accordance with the provisions of this article and the policies, guidelines, and procedures adopted by the commission for the administration of this article. To administer this article, the department shall have, but need not be limited to, the following duties: (a) Recommending that the commission grant, deny, revoke, or renew an authorization to operate a private college or university or seminary or religious training institution; (b) Maintaining a list of the private colleges and universities and seminaries and religious training institutions that have authorizations on file with the department; and (c) Establishing and maintaining a process in accordance with section 23-2-104 for reviewing and appropriately acting on a complaint concerning a private college or university or seminary or religious training institution operating in this state, including enforcing applicable state laws if the complaint is based on a claim of deceptive trade practice. (3) The commission and the department are not authorized to regulate the operations of, including but not limited to the content of courses provided by, a private college or university or seminary or religious training institution except to the extent expressly set forth in this article. (4) The commission may negotiate and enter into interstate reciprocity agreements with other states if, in the judgment of the commission, the agreements do not obligate a private college or university or seminary or religious training institution to comply with standards or requirements that exceed the standards and requirements specified in this article and the agreements will assist in accomplishing the purposes of this article.

C.R.S. § 23-2-103.3 Authorization to operate in Colorado - renewal - enrollment agreement

23-2-103.3. Authorization to operate in Colorado - renewal - enrollment agreement. (1) (a) To operate in Colorado, a private college or university shall apply for and receive authorization from the commission. A private college or university shall obtain a separate authorization for each campus, branch, or site that is separately accredited. A private, nonprofit college or university shall submit with its application verification of nonprofit status, including a copy of the institution's tax-exempt certificate issued by the Colorado department of revenue. (b) After receiving an application, the department shall review the application to determine whether the private college or university is institutionally accredited by an institutional or programmatic accrediting body recognized by the United States department of education or is accredited by a programmatic accrediting body recognized by the Council for Higher Education Accreditation as having the ability to accredit a freestanding, single-purpose institution of construction education. The department shall not recommend and the commission shall not approve an application from a private college or university that, in the two years preceding submission of the application, has had its accreditation suspended or withdrawn or has been prohibited from operating in another state or that has substantially the same owners, governing board, or principal officers as a private college or university that, in the two years preceding submission of the application, has had its accreditation suspended or withdrawn or has been prohibited from operating in another state. (c) As used in subsections (1) and (2) of this section, "accredited" means that an institution is institutionally accredited by: (I) An institutional accrediting body recognized by the United States department of education; (II) A programmatic accrediting body recognized by the United States department of education, which body may institutionally accredit a freestanding, single-purpose institution; or (III) A programmatic accrediting body recognized by the Council for Higher Education Accreditation, which body may institutionally accredit a freestanding, single-purpose institution of construction education. (2) To operate in Colorado, a private college or university shall be institutionally accredited on the basis of an on-site review by an institutional or programmatic accrediting body recognized by the United States department of education or, for construction education institutions, the Council for Higher Education Accreditation; except that a private college or university may operate for an initial period without accreditation if the commission determines, in accordance with standards established by the commission, that the private college or university is likely to become accredited in a reasonable period of time or is making progress toward accreditation in accordance with the accrediting body's policies. The commission may grant a provisional authorization to a private college or university to operate for an initial period without accreditation. The private college or university shall annually renew its provisional authorization and report annually to the commission concerning the institution's progress in obtaining accreditation. (3) A private college or university shall immediately notify the department of any material information related to an action by the institution's accrediting body concerning the institution's accreditation status, including but not limited to reaffirmation or loss of accreditation, approval of a request for change, a campus evaluation visit, a focused visit, or approval of additional locations. In addition, the institution shall immediately notify the department if the institution's accrediting body is no longer recognized by the United States department of education or, if applicable, the Council for Higher Education Accreditation. to reaffirmation or loss of accreditation, approval of a request for change, a campus evaluation visit, a focused visit, or approval of additional locations. In addition, the institution shall immediately notify the department if the institution's accrediting body is no longer recognized by the United States department of education or, if applicable, the Council for Higher Education Accreditation. (4) To operate in Colorado, a seminary or religious training institution shall apply for and receive authorization from the department and establish that it qualifies as a bona fide religious institution and as an institution of postsecondary education, as defined by rules promulgated by the commission. A seminary or religious training institution that meets the criteria and rules established by this subsection (4) is exempt from the provisions of subsections (1), (2), and (3) of this section. A bona fide religious institution and an institution of postsecondary education that applies for authorization pursuant to this subsection (4) shall pay the fee established according to section 23-2-104.5. (5) A private college or university that has authorization from the commission pursuant to this section and maintains its accreditation shall apply to the department for reauthorization in accordance with the schedule for reaccreditation by its accrediting body or every three years, whichever is longer. A seminary or religious training institution shall apply for reauthorization every three years. A private college or university or seminary or religious training institution that seeks reauthorization shall submit an application in accordance with the procedures and policies adopted by the commission and shall pay the reauthorization fee established by the commission pursuant to section 23-2-104.5. (6) Nothing in this section shall preclude a seminary or religious training institution from seeking accreditation. (7) (a) By January 1, 2013, the commission shall adopt procedures by which a private college or university or seminary or religious training institution may renew its authorization to operate in Colorado. To renew its authorization to operate in Colorado, a private college or university or seminary or religious training institution shall demonstrate that it continues to meet the minimum operating standards specified in this section and section 23-2-103.8, if applicable. (b) (I) A private college or university that has had its accreditation reaffirmed without sanction, is in compliance with section 23-2-103.8, and is not subject to investigation pursuant to section 23-2-103.4 is presumed qualified for renewal of authorization, and the department shall recommend renewal for a period of three years or the length of the institution's accreditation, if applicable, whichever is longer. (II) A seminary or religious training institution that continues to meet the minimum operating standards specified in this section is presumed qualified for renewal of authorization, and the department shall recommend that the commission renew the institution's authorization for three additional years. (c) If a private college or university or seminary or religious training institution cannot demonstrate that it meets the minimum operating standards specified in this section or section 23-2-103.8, if applicable, the department shall recommend that the commission deny the institution's application for renewal of the authorization. If, within six months after receiving the notice of denial of the application for renewal, the institution corrects the action or condition that resulted in denial of the application for renewal, the institution may reapply for renewal of the authorization. If the institution does not correct the action or condition within the six-month period, it may submit a new application for authorization after correcting the action or condition. the notice of denial of the application for renewal, the institution corrects the action or condition that resulted in denial of the application for renewal, the institution may reapply for renewal of the authorization. If the institution does not correct the action or condition within the six-month period, it may submit a new application for authorization after correcting the action or condition. (d) If a private college or university is under a sanction from its accrediting body at the time it files an application for renewal of authorization to operate in Colorado, the department may recommend that the commission renew the institution's authorization or that the commission grant a probationary renewal of the institution's authorization. If an institution receives a probationary renewal of its authorization, the institution shall reapply for renewal of its authorization annually until the accrediting body lifts the sanction, and the institution shall annually report to the commission concerning the institution's progress in removing the sanction. (e) If the department recommends that the commission grant a probationary renewal of authorization or deny an application for renewal of authorization, the commission shall notify the private college or university or seminary or religious training institution concerning the recommendation, and the department and the commission shall proceed in accordance with the provisions of the "State Administrative Procedure Act", article 4 of title 24, C.R.S. (8) All higher education institutions that are not regionally accredited shall provide all incoming students with an enrollment agreement or contract before the student enrolls. The agreement must include, at a minimum, a conspicuous notice outlining the following information regarding limited credit transferability: (a) If applicable, information about where students can obtain credit for credentials a student receives as part of the statewide credit for prior learning policy, as set forth in section 23-5-145.5, or any other articulation agreement the institution may have; and (b) A statement that individual credits or credentials obtained at the institution may not transfer to other colleges or universities and that students should confirm whether or not the credits will transfer if the student plans to transfer credits.

C.R.S. § 23-2-103.4 Authorization - revocation - probationary status

23-2-103.4. Authorization - revocation - probationary status. (1) (a) If the commission has reason to believe that a private college or university or seminary or religious training institution meets one or more of the grounds specified in subsection (2) or (3) of this section for revocation of authorization or for placing an institution on probationary status, the commission may order the department to investigate the private college or university or seminary or religious training institution and make a recommendation concerning whether to revoke the institution's authorization or to place the institution on probationary status. (b) To assist the department in conducting an investigation pursuant to this subsection (1), the commission may subpoena any persons, books, records, or documents pertaining to the investigation, require answers in writing, under oath, to questions the commission or the department may ask, and administer an oath or affirmation to any person in connection with the investigation. In conducting the investigation, the department may physically inspect an institution's facilities and records. A subpoena issued by the commission pursuant to this paragraph (b) is enforceable by any court of record in this state. (c) Based on the findings of an investigation pursuant to this subsection (1), the department shall recommend to the commission that the commission should or should not revoke the institution's authorization or place the institution on probationary status. If the department recommends revocation or probationary status, it shall identify the applicable grounds for revocation or probationary status specified in subsection (2) or (3) of this section, and the department and the commission shall proceed in accordance with the provisions of the "State Administrative Procedure Act", article 4 of title 24, C.R.S. (2) With regard to the authorization of a private college or university, the commission may: (a) Revoke the private college's or university's authorization or place the institution on probationary status if the private college or university: (I) Fails to meet any of the minimum standards set forth in this article or in the commission's policies or rules adopted to implement this article; (II) Fails to substantially comply with the applicable laws or rules adopted or implemented by other state-level boards or agencies that have jurisdiction over the institution; or (III) Violates the federal criminal laws or the criminal laws of this state or any other state in which the institution operates; (b) Revoke the private college's or university's authorization if the institution loses its accreditation; (c) Place the private college or university on probationary status if the institution's accrediting body places the institution on probation or the equivalent; or (d) Revoke the private college's or university's authorization or place the private college or university on probationary status if the United States department of education or, if applicable, the Council for Higher Education Accreditation, ceases to recognize the institution's accrediting body or if the programmatic accrediting body's scope of recognition ceases to include the ability to accredit a freestanding, single-purpose institution. (3) The commission may revoke a seminary's or religious training institution's authorization or place the institution on probationary status if the seminary or religious training institution: (a) No longer meets the definition of a seminary or religious training institution specified in section 23-2-102; (b) Fails to meet any of the other minimum standards set forth in this article or in the commission's policies or rules adopted to implement this article; or (c) Violates the federal criminal laws or the criminal laws of this state or any other state in which the institution operates.

C.R.S. § 23-2-103.5 Deposit of records upon discontinuance

23-2-103.5. Deposit of records upon discontinuance. (1) (a) If a private college or university or seminary or religious training institution ceases operating within this state, the owner of the institution or his or her designee shall deposit with the department the original or legible true copies of all educational records of the institution. (b) If the commission determines that the records of a private college or university or seminary or religious training institution that ceases operating within the state are in danger of being destroyed, secreted, mislaid, or otherwise made unavailable to the department, the commission may seek a court order authorizing the department to seize and take possession of the records. (c) The department or the attorney general may enforce the provisions of this subsection (1) by filing a request for an injunction with a court of competent jurisdiction. (d) The commission shall adopt policies for the implementation of this subsection (1). (2) A person may request, in accordance with the provisions of the "Colorado Open Records Act", part 2 of article 72 of title 24, C.R.S., a copy of a record held by the department pursuant to this section. (3) The department shall permanently retain any student transcripts received pursuant to this section. The department shall retain any other records received pursuant to this section for ten years following the date on which it receives or obtains the records. After the required retention period, the department shall dispose of the records in a manner that will adequately protect the privacy of personal information included in the records.

C.R.S. § 23-2-103.7 Authorized institutions - responsibilities

23-2-103.7. Authorized institutions - responsibilities. (1) A private college or university or seminary or religious training institution that is authorized pursuant to this article: (a) Shall not make or cause to be made any oral, written, or visual statement or representation that violates section 23-2-104 (4); (b) Shall annually provide to the department a copy of the institution's enrollment agreement if the institution uses an enrollment agreement; (c) Shall provide bona fide instruction, in accordance with the standards and criteria set by the institution's accrediting body; and (d) If the ownership of the institution changes, shall provide to the department, within thirty days after the change, any material information concerning the transaction that is requested by the department. (2) If a private college or university or seminary or religious training institution violates any of the requirements specified in subsection (1) of this section, the department may recommend to the commission that the institution's authorization be revoked or placed on probationary status.

C.R.S. § 23-2-103.8 Financial integrity - surety

23-2-103.8. Financial integrity - surety. (1) A private college or university is exempt from the provisions of this section if: (a) The private college or university is a party to a performance contract with the commission pursuant to section 23-18-201 (2); or (b) The private college or university: (I) Has been accredited for at least twenty years by an accrediting agency that is recognized by the United States department of education; (II) Has operated continuously in this state for at least twenty years; and (III) Has not at any time filed for bankruptcy protection pursuant to title 11 of the United States code. (2) (a) If a private college or university is not exempt from the requirements of this section pursuant to subsection (1) of this section, the commission shall determine the financial integrity of the private college or university by confirming that the institution meets or does not meet the criteria specified in paragraph (b) or (c) of this subsection (2). The private college or university shall present as part of the application for authorization verifiable evidence that the institution meets the criteria specified in paragraph (b) or (c) of this subsection (2). (b) (I) A private college or university may demonstrate financial integrity by meeting the following criteria: (A) The institution has been accredited for at least ten years by an accrediting body that is recognized by the United States department of education or, if applicable, the Council for Higher Education Accreditation; (B) The institution has operated continuously in this state for at least ten years; (C) During its existence, the institution has not filed for bankruptcy protection pursuant to title 11 of the United States code; (D) The institution maintains a composite score of at least 1.5 on its equity, primary reserve, and net income ratios, as required in 34 CFR 668.172; and (E) The institution meets or exceeds the pro rata refund policies required by the federal department of education in 34 CFR 668 or, if the institution does not participate in federal financial aid programs, the institution's refund and termination procedures comply with the requirements of the institution's accrediting body. (II) Notwithstanding any provision of subparagraph (I) of this paragraph (b) to the contrary, a private college or university is not required to meet the criteria specified in sub-subparagraphs (A) and (B) of subparagraph (I) of this paragraph (b) if the institution is part of a group of private colleges and universities that are owned and operated by a common owner, so long as all of the other institutions in the group meet the criteria specified in sub-subparagraphs (A) and (B) of subparagraph (I) of this paragraph (b). (c) A private college or university may demonstrate financial integrity by meeting the following criteria: (I) The institution has received and maintains full accreditation without sanction from an accrediting body that is recognized by the United States department of education or, if applicable, the Council for Higher Education Accreditation, which accrediting body requires the institution to maintain surety or an escrow account or has affirmatively waived or otherwise removed the requirement for the institution; (II) The institution has been continuously authorized by the commission for at least five years; (III) The institution owns and operates a permanent instructional facility in the state; (IV) The institution annually provides to the commission audited financial statements for the most recent fiscal year that demonstrate that the institution maintains positive equity and profitability; (V) The institution maintains a composite score of at least 1.5 on its equity, primary reserve, and net income ratios, as required in 34 CFR 668.172; and manent instructional facility in the state; (IV) The institution annually provides to the commission audited financial statements for the most recent fiscal year that demonstrate that the institution maintains positive equity and profitability; (V) The institution maintains a composite score of at least 1.5 on its equity, primary reserve, and net income ratios, as required in 34 CFR 668.172; and (VI) The institution meets or exceeds the pro rata refund policies required by the federal department of education in 34 CFR 668 or, if the institution does not participate in federal financial aid programs, the institution's refund and termination procedures comply with the requirements of the institution's accrediting body. (3) (a) Each private college or university that is not exempt from the requirements of this section pursuant to subsection (1) of this section and cannot demonstrate financial integrity as provided in subsection (2) of this section, as determined by the commission, shall file evidence of surety in the amount calculated pursuant to subsection (5) of this section prior to receiving authorization to operate in Colorado. The surety may be in the form of a savings account, deposit, or certificate of deposit that meets the requirements of section 11-35-101, C.R.S., or an alternative method approved by the commission, or one bond as set forth in this section covering the applying institution. The commission may disapprove an institution's surety if the commission finds the surety is not sufficient to provide students with the indemnification and alternative enrollment required by this section. (b) If a private college or university files a bond, the bond shall be executed by the institution as principal and by a surety company authorized to do business in this state. The bond shall be continuous unless the surety is released as set forth in this section. (4) The surety shall be conditioned to provide indemnification to any student or enrollee, or to any parent or legal guardian of a student or enrollee, that the commission finds to have suffered loss of tuition or any fees as a result of any act or practice that is a violation of this article 2; to provide alternate enrollment as provided in subsection (7) of this section for students enrolled in an institution that ceases operation; and to reimburse the department for any actual administrative costs associated with an institution ceasing operation. (5) The amount of the surety that a private college or university submits pursuant to subsection (3) of this section is the greater of five thousand dollars or an amount equal to a reasonable estimate of the maximum prepaid, unearned tuition and fees of the institution for the period or term during the applicable academic year for which programs of instruction are offered including, but not limited to, programs offered on a semester, quarter, monthly, or class basis; except that the institution shall use the period or term of greatest duration and expense in determining this amount if the institution's academic year consists of one or more periods or terms. Following the initial filing of the surety with the department, the private college or university shall recalculate the amount of the surety annually based on a reasonable estimate of the maximum prepaid, unearned tuition and fees received by the institution for the applicable period or term. (6) (a) A student or enrollee, or a parent or guardian of the student or enrollee, who claims loss of tuition or fees may file a claim with the commission if the claim results from an act or practice that violates a provision of this article. The claims that are filed with the commission are public records and are subject to the provisions of article 72 of title 24, C.R.S.; except that the department shall not make the claims records public if the release would violate a federal privacy law. ss of tuition or fees may file a claim with the commission if the claim results from an act or practice that violates a provision of this article. The claims that are filed with the commission are public records and are subject to the provisions of article 72 of title 24, C.R.S.; except that the department shall not make the claims records public if the release would violate a federal privacy law. (b) Notwithstanding the provisions of paragraph (a) of this subsection (6), the commission shall not consider a claim that is filed more than two years after the date the student discontinues his or her enrollment with the institution. (7) (a) If a private college or university ceases operation, the commission may make demand on the surety of the institution upon the demand for a refund by a student or for the implementation of alternate enrollment for the students enrolled in the institution and may make demand on the surety to reimburse the department for actual administrative costs associated with the institution ceasing operation. In such case, the holder of the surety or, if the surety is a bond, the principal on the bond shall pay the claim due in a timely manner. To the extent practicable, the commission shall use the amount of the surety to provide alternate enrollment for students of the institution that ceases operation through a contract with another authorized private college or university, a community college, an area technical college, or any other arrangement that is acceptable to the department. The alternate enrollment provided to a student replaces the original enrollment agreement, if any, between the student and the private college or university; except that the student shall make the tuition and fee payments as required by the original enrollment agreement, if any. (b) A student who is enrolled in a private college or university that ceases operation and who declines the alternate enrollment required to be offered pursuant to paragraph (a) of this subsection (7) may file a claim with the commission for the student's prorated share of the prepaid, unearned tuition and fees that the student paid, subject to the limitations of paragraph (c) of this subsection (7). The commission shall not make a subsequent payment to a student unless the student submits proof of satisfaction of any prior debt to a financial institution in accordance with the commission's rules concerning the administration of this section. (c) If the amount of the surety is less than the total prepaid, unearned tuition and fees that have been paid by students at the time the private college or university ceases operation, the department shall prorate the amount of the surety among the students. (c.5) Any amount of the surety that is greater than the amount necessary to satisfy costs to provide alternate enrollment for the student pursuant to subsection (7)(a) of this section, and any demand for a refund by a student pursuant to subsection (7)(b) of this section, may be retained by the department as reimbursement up to the amount of any actual administrative costs incurred by the department that are associated with the school closure. (d) The provisions of this subsection (7) are applicable only to those students enrolled in the private college or university at the time it ceases operation, and, once an institution ceases operation, no new students shall be enrolled therein. (e) The commission is the trustee for all prepaid, unearned tuition and fees, student loans, Pell grants, and other student financial aid assistance if an authorized private college or university ceases operation. ly to those students enrolled in the private college or university at the time it ceases operation, and, once an institution ceases operation, no new students shall be enrolled therein. (e) The commission is the trustee for all prepaid, unearned tuition and fees, student loans, Pell grants, and other student financial aid assistance if an authorized private college or university ceases operation. (f) The commission shall determine whether offering alternate enrollment for students enrolled in an authorized private college or university that ceases operation is practicable without federal government designation of the commission as trustee for student loans, Pell grants, and other student financial aid assistance pursuant to paragraph (e) of this subsection (7). (8) For claims made pursuant to this section that do not involve a private college or university that ceases operation, the commission shall conduct a hearing to determine whether there is loss of tuition or fees, and, if the commission finds that a claim is valid and due the claimant, the commission shall make demand upon the surety. If the holder of the surety or, if the surety is a bond, the principal on the bond fails or refuses to pay the claim due, the commission shall commence an action on the surety in a court of competent jurisdiction; except that the commission shall not file an action more than six years after the date of the violation that gives rise to the right to file a claim pursuant to this section. (9) The authorization for a private college or university is suspended by operation of law when the institution is no longer covered by surety as required by this section. The department shall give written notice to the institution at the last-known address, at least forty-five days before the release of the surety, to the effect that the institution's authorization is suspended by operation of law until the institution files evidence of surety in like amount as the surety being released. (10) The principal on a bond filed under the provisions of this section is released from the bond after the principal serves written notice thereof to the commission at least sixty days before the release. The release does not discharge or otherwise affect a claim filed by a student or enrollee or his or her parent or legal guardian for loss of tuition or fees that occurred while the bond was in effect or that occurred under any note or contract executed during any period of time when the bond was in effect, except when another bond is filed in a like amount and provides indemnification for any such loss. (11) Each private college or university that files a surety pursuant to subsection (3) of this section shall provide annual verification of continued coverage by surety as required by this section in a report to the commission due by January 1 of each year. The commission may disapprove a surety if it finds that the surety is not adequate to provide students with the indemnification and alternate enrollment required by this section. (12) If a private college or university that is exempt from the provisions of this section or that demonstrates financial integrity pursuant to subsection (2) of this section ceases to operate in this state, the state attorney general may file a claim against the institution on behalf of students enrolled in the institution at the time it ceases operation to recover any amount of unearned, prepaid tuition that may be owed to the students. (13) A seminary or religious training institution is not subject to the requirements of this section.

C.R.S. § 23-2-104 Administration of article - complaints - injunctive proceedings

23-2-104. Administration of article - complaints - injunctive proceedings. (1) The department shall administer this article pursuant to statute and appropriate policies adopted by the commission. (2) (a) The commission shall specify procedures by which a student or former student of a private college or university or seminary or religious training institution may file a complaint with the department concerning the institution in which the student is or was enrolled. If a former student files a complaint, he or she must do so within two years after discontinuing enrollment at the institution. The department may investigate complaints based on a claim of a deceptive trade practice as described in subsection (4) of this section. The department does not have jurisdiction to consider complaints that infringe on the academic freedom or religious freedom of, or question the curriculum content of, a private college or university or seminary or religious training institution; except that the department has jurisdiction to consider a complaint that pertains to the general education core course requirements of a private college or university or seminary or religious training institution, or to any of the specific core courses included in said requirements, if the private college or university or seminary or religious training institution chooses to seek transferability of its general education core courses pursuant to section 23-1-125 (5). (b) Upon receipt of a complaint, the department shall verify that the complaint warrants investigation under the guidelines established by the commission and as a deceptive trade practice. A complaint will warrant investigation only when the student has exhausted all complaint and appeals processes available at the institution. The department shall dismiss a complaint if it does not warrant investigation under the commission's guidelines and is not a deceptive trade practice. If the complaint warrants investigation, the department shall first forward the complaint to the institution for a written response. The institution shall have thirty days to respond in writing to the department and to forward a copy of the response to the student. During the thirty-day period, the institution may attempt to resolve the complaint with the student, and the department shall assist in the efforts to resolve the complaint. If the department determines at any time that a complaint no longer warrants investigation, the department shall dismiss the complaint. (c) If a complaint is not resolved during the thirty-day period, the department may dismiss the complaint based on the institution's response, investigate the complaint further, or recommend that the commission evaluate the merits of the complaint. If the commission finds the complaint is meritorious, it may recommend that the private college or university or seminary or religious training institution take appropriate action to remedy the complaint. (d) If the private college or university or seminary or religious training institution does not take the action recommended by the commission, the commission may forward the complaint and findings to the attorney general. (3) The commission, acting through the attorney general, may proceed by injunction against any violation of this article, but an injunction proceeding or an order issued therein or as a result thereof shall not bar the imposition of any other penalty for violation of this article. (4) It is a deceptive trade practice for: (a) An institution or agent to make or cause to be made any statement or representation, oral, written, or visual, in connection with the offering of educational services if the institution or agent knows or reasonably should have known the statement or representation to be materially false, substantially inaccurate, or materially misleading; is article. (4) It is a deceptive trade practice for: (a) An institution or agent to make or cause to be made any statement or representation, oral, written, or visual, in connection with the offering of educational services if the institution or agent knows or reasonably should have known the statement or representation to be materially false, substantially inaccurate, or materially misleading; (b) An institution or agent to represent falsely or to deceptively conceal, directly or by implication, through the use of a trade or business name, the fact that an institution is a school; (c) An institution or agent to adopt a name, trade name, or trademark that represents falsely, directly or by implication, the quality, scope, nature, size, or integrity of the institution or its educational services; (d) An institution or agent to intentionally and materially represent falsely, directly or by implication, that students who successfully complete a course or program of instruction may transfer the credits earned to any institution of higher education; (e) An institution or agent to intentionally and materially represent falsely, directly or by implication, in its advertising or promotional materials or in any other manner, the size, location, facilities, or equipment of the institution; the number or educational experience qualifications of its faculty; the extent or nature of any approval received from any state agency; or the extent or nature of any accreditation received from any accrediting agency or association; (f) An institution or agent to provide prospective students with testimonials, endorsements, or other information that has the tendency to materially mislead or deceive prospective students or the public regarding current practices of the institution; (g) An agent representing an out-of-state school to represent, directly or by implication, that the school is authorized by the state of Colorado or approved or accredited by an accrediting agency or body when the institution has not been authorized, approved, or accredited; (h) An institution to designate or refer to its sales representatives by titles that imply the sales representatives have training in academic counseling or advising if they do not.

C.R.S. § 23-2-104.5 Fees - public hearing

23-2-104.5. Fees - public hearing. (1) The commission shall establish fees to be paid by a private college or university or seminary or religious training institution for the administration of this article. The amount of the fees shall reflect the direct and indirect costs of administering this article. The commission shall propose, as part of the department's annual budget request, an adjustment in the amount of the fees that it is authorized to collect pursuant to this section. The budget request and the adjusted fees shall reflect the direct and indirect costs of administering this article. (2) Repealed. (3) Prior to establishing a new fee or increasing the amount of an existing fee, the commission shall hold a public hearing to discuss and take testimony concerning the new fee or increase in fees. The commission shall provide notice of the public hearing and the proposed new fee or fee increase to each private college or university and seminary and religious training institution at least thirty days prior to the date of the public hearing.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-23.docxFetched: 10/6/2026

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