Colorado § 23-60-202 - Duties of board with respect to state system.

§ 23-60-202. Duties of board with respect to state system.

(1) With respect to the community and technical colleges within the state system, the board has the authority, responsibility, rights, privileges, powers, and duties customarily exercised by the governing boards of institutions of higher education, including the following:

(a) To recommend to the Colorado commission on higher education and the general assembly the location and priorities for establishment of new community and technical colleges;

(b) To construct, lease, or otherwise provide facilities needed for the community and technical colleges as authorized by the general assembly; to issue in the name of the board revenue bonds and other revenue obligations in the manner, for the purposes, and subject to the provisions provided by law for state educational institutions under article 5 of this title or for local college districts; and to refund in the name of the board revenue bonds and other revenue obligations transferred to the board or incurred by the board as provided in this article, such refunding to be undertaken pursuant to article 54 of title 11, C.R.S.;

(c) (I) (A) To fix the tuition and fees to be charged in the community and technical colleges. The board shall fix tuition in accordance with the level of cash fund appropriations set by the general assembly for such institutions pursuant to section 23-1-104 (1)(b)(I).

(B) Repealed.

(II) To the extent space is available, the board may allow persons licensed pursuant to article 60.5 of title 22 to take, without charge, at community and technical colleges, courses identified by the department of public safety pursuant to section 24-33.5-1604 (7), as related to the national incident management system developed by the federal emergency management agency.

(d) To appoint the chief administrative officer of each community and technical college;

(e) To recommend and review proposals for the establishment of curriculums and for major changes in curriculums, subject only to the review function of the Colorado commission on higher education relating to formal academic programs;

(f) To define the requirements of appropriate degrees and certificates and to authorize the award thereof in the community and technical colleges, subject only to the review function of the Colorado commission on higher education relating to formal academic programs;

(f.5) To review and approve the degree programs described in section 23-60-211, subject only to the review function of the Colorado commission on higher education relating to formal academic programs;

(g) To develop a plan with the governing boards of baccalaureate degree-granting universities and colleges of the state which will assure maximum freedom of transfer of students between local district colleges and community and technical colleges under the direct control of the board and such universities and colleges;

(h) To receive, review, and transmit with recommendations to the Colorado commission on higher education and the general assembly both operating and capital budget requests of the community and technical colleges;

(i) To plan, in cooperation with other state agencies, the allocation of federal funds for instructional programs and student services, including funds for vocational and technical education and retraining;

(j) To determine policies pertaining to the community and technical colleges, subject only to the functions and powers assigned by law to the Colorado commission on higher education relating to formal academic programs;

(k) To control the direction of funds and appropriations to the colleges in the system;

(l) To receive, demand, and hold for the uses and purposes of the colleges in the system such moneys, lands, or other properties as may be donated, devised, leased, or conveyed and to apply the same in such manner as will serve best the objects and interests of the colleges in the system;

(m) To develop and implement, in coordination with four-year institutions and under the direction of the Colorado commission on higher education, a core transfer program for students wishing to obtain a baccalaureate degree after transferring out of the state system to a four-year institution, which program shall be implemented within the state system by September 15, 1987.

(n) Repealed.

Source: L. 67: p. 439, § 7. C.R.S. 1963: § 124-26-11. L. 70: p. 358, § 14. L. 85: (1)(d) and (1)(i) amended and (1)(k) and (1)(l) added, p. 765, § 16, effective July 1. L. 86: (1)(m) added, p. 840, § 3, effective April 14. L. 93: (1)(c) amended, p. 1520, § 30, effective June 6. L. 2007: (1)(n) added, p. 338, § 4, effective April 2. L. 2008: (1)(c) amended, p. 119, § 7, effective March 19; (1)(c) amended, p. 805, § 6, effective May 14. L. 2009: (1)(n) repealed, (HB 09-1319), ch. 286, p. 1322, § 13, effective May 21. L. 2010: (1)(c)(I) amended, (SB 10-003), ch. 391, p. 1845, § 18, effective June 9; (1)(f.5) added, (SB 10-088), ch. 154, p. 530, § 2, effective August 11. L. 2020: (1)(c)(II) amended, (HB 20-1402), ch. 216, p. 1050, § 42, effective June 30. L. 2026: (1)(c)(II) amended, (HB 26-1252), ch. 382, p. 2381, § 15, effective August 12.

Editor's note: (1) Amendments to subsection (1)(c) by Senate Bill 08-126 and Senate Bill 08-181 were harmonized.

(2) Subsection (1)(c)(I)(B) provided for the repeal of subsection (1)(c)(I)(B), effective July 1, 2016. (See L. 2010, p. 1845.)

Cross references: (1) For classification of students for tuition purposes, see article 7 of this title.

(2) For the legislative declaration contained in the 2008 act amending subsection (1)(c), see section 1 of chapter 215, Session Laws of Colorado 2008. For the legislative declaration in the 2010 act amending subsection (1)(c)(I), see section 1 of chapter 391, Session Laws of Colorado 2010.

ANNOTATION

Exclusive hiring authority. The state board for community colleges and occupational education has exclusive hiring authority and any hiring decision is subject to its approval. Rivas v. State Bd., 517 F. Supp. 467 (D. Colo. 1981).

Duty to appoint faculty and administrators not delegable. Absent legislative authorization, the duty of the state board of community colleges and occupational education to approve appointments of faculty and administrative personnel may not be delegated to a college council, expressly or impliedly. Van Pelt v. State Bd. for Cmty. Colls. & Occupational Educ., 195 Colo. 316, 577 P.2d 765 (1978).