Colorado § 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

(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.

Source: L. 65: p. 1042, § 2. C.R.S. 1963: § 124-21-2. L. 78: (5) amended, p. 375, § 1, effective July 1. L. 81: (3) to (5) amended and (3.5) added, p. 1084, § 2, effective May 27. L. 90: (3.5) amended, p. 1172, § 31, effective July 1. L. 2008: (1), (3), and (4) amended and (1.3) and (1.5) added, p. 1646, § 1, effective May 29. L. 2012: Entire section amended, (HB 12-1155), ch. 255, p. 1282, § 9, effective August 8. L. 2016: (1) amended, (HB 16-1082), ch. 58, p. 143, § 13, effective August 10. L. 2017: IP and (13) amended, (HB 17-1239), ch. 261, p. 1204, § 9, effective August 9.

ANNOTATION

Subsection (3) is not unconstitutional as an unlawful delegation of legislative powers. Colo. Polytechnic Coll. v. State Bd. for Cmty. Colls., 173 Colo. 39, 476 P.2d 38 (1970).

In acting under the police power of the state to carry out the purposes of the act, it is constitutionally permissible to determine the eligibility of private institutions of higher education to grant degrees by reference to the criteria established by nationally recognized accrediting associations. Colo. Polytechnic Coll. v. State Bd. for Cmty. Colls., 173 Colo. 39, 476 P.2d 38 (1970).

The supreme court takes judicial notice that recognized accrediting associations such as are delineated in subsection (3) relating to the definition of a "private college or university" have become an integral part of the secondary education systems in America. Colo. Polytechnic Coll. v. State Bd. for Cmty. Colls., 173 Colo. 39, 476 P.2d 38 (1970).

Where a private educational institution contended that subsection (3) is unconstitutional as applied to it for the reason that it permits private associations of colleges to determine accreditation standards, and that since no statutory standards have been prescribed the subsection is unconstitutional as an unlawful delegation of legislative powers, the contention is without merit. Colo. Polytechnic Coll. v. State Bd. for Cmty. Colls., 173 Colo. 39, 476 P.2d 38 (1970).