Colorado § 23-3.3-101 - Definitions.

§ 23-3.3-101. Definitions.

As used in this article 3.3, unless the context otherwise requires:

(1) "Commission" means the Colorado commission on higher education.

(1.5) "Cost of attendance at a nonpublic institution of higher education" means:

(a) Allowances specified by the commission for room and board and miscellaneous expenses, which shall be the same for nonpublic institutions of higher education as for a representative group of comparable state institutions, as determined by the commission; and

(b) An allowance for tuition and fees equal to the lesser of:

(I) The actual tuition and fees charged by the nonpublic institution of higher education; or

(II) One hundred percent of the combination of actual in-state tuition and fees charged by a representative group of comparable state institutions plus the general fund moneys allocated to support such comparable state institutions.

(2) "In-state student" means a student at an institution of higher education who meets the criteria established by article 7 of this title for classification as an in-state student at a state institution of higher education, but "in-state student" does not include a member of the armed forces of the United States or his dependents who are eligible to obtain in-state tuition status upon moving to Colorado on a permanent change-of-station basis until such individual meets the one-year domicile requirement of section 23-7-102 (5).

(3) "Institution" means an educational institution operating in this state that meets all of the following:

(a) Admits as regular students persons having a certification of graduation from a school providing secondary education or comparable qualifications and persons for enrollment in courses which they reasonably may be expected to complete successfully;

(b) Is accredited by a nationally recognized accrediting agency or association and, in the case of private occupational schools, holds a regular certificate in accordance with the provisions of article 64 of this title 23;

(c) (I) Provides an educational program for which it awards a bachelor's degree;

(II) Provides not less than a two-year program which is acceptable for full credit towards such a degree; or

(III) Provides not less than a six-month program of training to prepare students for gainful employment in a recognized occupation;

(d) Is not a branch program of an institution of higher education whose principal campus and facilities are located outside this state.

(3.5) "Nonpublic institution of higher education" shall have the same meaning as provided in section 23-3.7-102 (3).

(3.7) "Professional degree in theology" means a certificate signifying a person's graduation from a degree program that is:

(a) Devotional in nature or designed to induce religious faith; and

(b) Offered by an institution as preparation for a career in the clergy.

(4) "State institution" means an institution supported in whole or in part by general fund moneys.

(5) "Undergraduate" refers to any program leading toward a bachelor's degree or associate degree or any nondegree program providing training for employment in a recognized occupation.

Source: L. 79: Entire article added, p. 824, § 1, effective June 19. L. 81: (3)(b) amended, p. 852, § 27, effective July 1. L. 83: (2) and (3)(d) amended, p. 788, § 1, effective July 1. L. 86, 2nd Ex. Sess.: (2) amended, p. 60, § 3, effective August 15. L. 90: (1.5) and (3.5) added, p. 1145, § 2, effective May 17. L. 2009: (3)(d) amended and (3.7) added, (HB 09-1267), ch. 348, p. 1823, § 2, effective June 1. L. 2017: IP, IP(3), and (3)(b) amended, (HB 17-1239), ch. 261, p. 1205, § 12, effective August 9.

Cross references: For the legislative declaration contained in the 1990 act amending this section, see section 1 of chapter 154, Session Laws of Colorado 1990. For the legislative declaration contained in the 2009 act amending subsection (3)(d) and adding subsection (3.7), see section 1 of chapter 348, Session Laws of Colorado 2009.

ANNOTATION

Law reviews. For comment, "Colorado Christian University v. Weaver: Implications for the Establishment Clause Following the Death of the 'Pervasively Sectarian' Doctrine", see 86 Den. U.L. Rev. 1091 (2009).

Excluding students who attend a pervasively sectarian institution from state scholarships violates the first amendment of the U.S. constitution. Colo. Christian Univ. v. Weaver, 534 F.3d 1245 (10th Cir. 2008).