Colorado § 23-1-145 - Department and commission directives - creation of data advisory group - development of data policies - definitions.

§ 23-1-145. Department and commission directives - creation of data advisory group - development of data policies - definitions.

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

(a) "Institution of higher education" means:

(I) A state institution of higher education, as defined in section 23-18-102 (10);

(II) A local district college, as defined in section 23-71-102 (1)(a);

(III) An area technical college, as defined in section 23-60-103 (1); and

(IV) A participating private institution of higher education, as defined in section 23-18-102 (7).

(b) (I) "Statewide institutional and student data" means data, in any format, provided by an institution of higher education to the department or another state agency.

(II) "Statewide institutional and student data" does not include new data points created through the combination of institutional and student data with other state administrative data or publicly available information.

(2) (a) This subsection (2) codifies the data advisory group that exists as of May 26, 2026, and that is facilitated by the department. The data advisory group shall continue to operate to serve in an advisory capacity to the department and the commission regarding data collection, reporting, access, and use of statewide institutional and student data.

(b) The data advisory group consists of representatives from institutions of higher education and the department, as follows:

(I) (A) One representative from each governing board of a state institution of higher education.

(B) Governing boards that have a system comprised of more than one campus may have additional representatives for each campus and system office.

(II) At least one representative from the local district colleges;

(III) At least one representative from the area technical colleges;

(IV) One representative from each participating private institution of higher education, as defined in section 23-18-102 (7); and

(V) At least one representative from the department.

(c) Participation from each institution of higher education in the data advisory group is voluntary.

(d) The data advisory group is advisory only and does not have decision-making or binding authority over the department or the commission.

(3) The duties and responsibilities of the data advisory group include advising on:

(a) The development and maintenance of policies and procedures for the collection, storage, and use of statewide institutional and student data;

(b) The implementation of new data collection and reporting requirements resulting from legislation;

(c) The sharing of statewide institutional and student data; except that the data advisory group shall only advise on the sharing of statewide institutional and student data that is used by the department for its statutory duties if such advice is requested by the department or the commission;

(d) Legislation that affects institutional data collection and reporting; and

(e) The development of guidelines for data aggregation and suppression within data privacy laws and industry best practices regarding personally identifying information.

(4) (a) The commission shall, subject to available appropriations, consult with the data advisory group to establish policies that:

(I) Include procedures for the data advisory group to develop and submit recommendations;

(II) Articulate how the data advisory group will have the data, reporting, and information necessary to perform their advisory role;

(III) Include a process for sharing aggregated statewide data derived from statewide institutional and student data;

(IV) Include a process for sharing de-identified statewide data derived from statewide institutional and student data;

(V) Include procedures that ensure sufficient time to review draft reporting and supporting data that is derived from statewide institutional and student data and that is related to funding or resource allocation, legislative reports, or strategic planning; and

(VI) Ensure that all data and reporting shared between the department, the data advisory group, and the commission:

(A) Seeks to maximize data transparency between entities;

(B) Seeks to minimize the time lapsed between data submissions and availability of data and reporting;

(C) Includes data from all participating institutions;

(D) Provides detail by institution and governing board; and

(E) Is sufficient to allow for validation by institutional staff.

(b) The commission retains final authority over data policy and may provide reasoning of final decisions to the data advisory group.

(c) To accomplish its duties, the data advisory group shall meet at least quarterly.

(5) Notwithstanding any provision of this section to the contrary, any action required by this section on the part of the department or the commission is subject to available appropriations.

Source: L. 2026: Entire section added, (SB 26-078), ch. 144, p. 811, § 8, effective May 26.

Editor's note: Subsections IP(3), (3)(a), (3)(b), (3)(c), (3)(d), and (3)(e) were numbered as IP(3)(a), (3)(a)(I), (3)(a)(II), (3)(a)(III), (3)(a)(IV), and (3)(a)(V), respectively, in SB 26-078 but have been renumbered on revision for ease of location.

PART 2

ACADEMIC ADJUSTMENTS IN HIGHER EDUCATION FOR STUDENTS WITH DISABILITIES

Cross references: For the legislative declaration in SB 25-087, see section 1 of chapter 85, Session Laws of Colorado 2025.