Colorado § 24-1-114 - Department of higher education - creation - mission - legislative intent - definitions - repeal.

§ 24-1-114. Department of higher education - creation - mission - legislative intent - definitions - repeal.

(1) [Editor's note: This version of subsection (1) is effective until July 1, 2028.] There is hereby created a department of higher education, the head of which shall be the executive director of the Colorado commission on higher education, who shall be appointed by the governor and whose powers and duties are as specified in this section.

(1) [Editor's note: This version of subsection (1) is effective July 1, 2028.] There is created the department of higher education, the head of which is the executive director of the department of higher education, who is appointed by the governor and whose powers and duties are as specified in this section.

(1.1) (a) Beginning July 1, 2028, the department's mission is to oversee a system of postsecondary talent development that integrates postsecondary educational, training, and employment resources for Coloradans. It is the intent of the general assembly to evaluate the recommendations of the postsecondary talent development system transition advisory committee created in section 24-38-302, make any necessary statutory changes to effectuate the expansion of the department's mission to oversee a system of postsecondary talent development, and rename the department accordingly.

(b) This subsection (1.1) is repealed, effective June 30, 2029.

(1.5) [Editor's note: Subsection (1.5) is effective July 1, 2028.]

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

(I) "Commission" means the Colorado commission on higher education created in section 23-1-102.

(II) "Department" means the department of higher education.

(III) "Executive director" means the executive director of the department.

(b) (I) Effective July 1, 2028, the executive director of the Colorado commission on higher education is renamed the executive director of the department of higher education.

(II) On and after July 1, 2028, as used in every statute, unless the context otherwise requires, "executive director of the Colorado commission on higher education" means the "executive director of the department of higher education".

(III) The revisor of statutes is authorized to change all references in the Colorado Revised Statutes to the executive director of the Colorado commission on higher education, as appropriate.

(2) [Editor's note: This version of subsection (2) is effective until July 1, 2028.] The Colorado commission on higher education and the office of executive director of the commission, created in article 1 of title 23, are type 1 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of higher education.

(2) [Editor's note: This version of subsection (2) is effective July 1, 2028.] The Colorado commission on higher education and the office of executive director of the department, created in article 1 of title 23, are type 1 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department.

(2.5) Repealed.

(3) The department of higher education includes the following divisions:

(a) Repealed.

(b) The state historical society, created in part 2 of article 80 of this title 24. The state historical society is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions as a division of the department of higher education.

(c) The student loan division, created in article 3.1 of title 23. The division and the office of the director of the division are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of higher education.

(d) The private occupational school division, created in article 64 of title 23. The private occupational school board, created by section 23-64-107, is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of higher education. The division, except for the private occupational school board, and the office of the director of the division are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of higher education and the executive director of the department.

(4) For the purposes of section 22 of article IV of the state constitution, the following are allocated to the department of higher education but shall otherwise continue to be administered as provided by law:

(a) The regents of the university of Colorado, created by section 12 of article IX of the state constitution, and the university of Colorado, created by section 5 of article VIII of the state constitution;

(b) The board of governors of the Colorado state university system, created by part 1 of article 30 of title 23, C.R.S.; Colorado state university, created by article 31 of title 23, C.R.S.; and Colorado state university - Pueblo, created by article 31.5 of title 23, C.R.S.;

(c) (Deleted by amendment, L. 2003, p. 792, § 17, effective July 1, 2003.)

(d) The board of trustees for the university of northern Colorado, created by section 23-40-104 (1), C.R.S., and the university of northern Colorado at Greeley, created by article 40 of title 23, C.R.S.;

(e) The board of trustees of the Colorado school of mines, created by article 41 of title 23, C.R.S., and the school of mines at Golden, created by section 5 of article VIII of the state constitution;

(f) State board for community colleges and occupational education and the offices of director of occupational education and director of community and technical colleges, created by article 60 of title 23, C.R.S.;

(g) Repealed.

(h) The board of trustees for Adams state university, created by article 51 of title 23, C.R.S.;

(i) The board of trustees for Colorado Mesa university, created by article 53 of title 23, C.R.S.;

(j) The board of trustees for Metropolitan state university of Denver, created by article 54 of title 23, C.R.S.;

(k) The board of trustees for Western Colorado university, created by article 56 of title 23;

(l) The board of trustees for Fort Lewis College, created by article 52 of title 23, C.R.S.

(5) (a) With respect to the divisions of the department specified in subsection (3) of this section, the executive director shall have the powers, duties, and functions prescribed in this article for heads of principal departments.

(b) [Editor's note: This version of subsection (5)(b) is effective until July 1, 2028.] With respect to the Colorado commission on higher education and the universities, colleges, and boards specified in subsection (4) of this section, the executive director has only those powers, duties, and functions prescribed in article 1 of title 23; except that the executive director of the Colorado commission on higher education is authorized to negotiate, implement, and monitor contracts, as described in sections 23-18-201 (2), 23-18-303.5, and 23-18-304, with universities, colleges, and boards, in consultation with the Colorado commission on higher education.

(b) [Editor's note: This version of subsection (5)(b) is effective July 1, 2028.] With respect to the Colorado commission on higher education and the universities, colleges, and boards specified in subsection (4) of this section, the executive director has only those powers, duties, and functions prescribed in article 1 of title 23; except that the executive director is authorized to negotiate, implement, and monitor contracts, as described in sections 23-18-201 (2), 23-18-303.5, and 23-18-304, with universities, colleges, and boards, in consultation with the Colorado commission on higher education.

(6) The office of state archaeologist, created in part 4 of article 80 of this title 24, is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions as a section within the state historical society.

Source: L. 68: p. 77, § 14. C.R.S. 1963: § 3-28-14. L. 72: p. 577, § 6. L. 73: p. 1384, § 2. L. 75: (4)(c)(V) added and (4)(d) amended, p. 214, §§ 37, 38, effective July 16. L. 77: (4)(c)(III) amended, p. 281, § 29, effective June 29. L. 79: (3)(c) added, p. 823, § 2, effective July 1. L. 83: (2.5) added, p. 803, § 8, effective June 3; (4)(b) amended and (4)(c)(III) repealed, § 9, p. 2049, effective October 14. L. 85: (3)(c) amended, p. 1361, § 17, effective June 28. L. 88: IP(4)(c) and (4)(c) amended, p. 863, § 23, effective July 1. L. 90: (3)(d) added and (4)(c)(II) amended, pp. 1159, 1156, §§ 3, 14, effective July 1. L. 92: (3)(a) amended, p. 561, § 4, effective March 25. L. 93: (4)(g) added, p. 926, § 1, effective May 28. L. 95: (1) amended, p. 1102, § 34, effective May 31. L. 98: (3)(d) amended, p. 50, § 28, effective March 17. L. 99: (2.5) repealed, p. 876, § 2, effective July 1. L. 2000: (4)(g) repealed, p. 1569, § 2, effective July 1. L. 2002: (4)(b) amended, p. 1246, § 17, effective August 7; (4)(b) amended, p. 709, § 10, effective July 1, 2003. L. 2003: (4)(c) amended and (4)(h), (4)(i), (4)(j), and (4)(k) added, p. 792, § 17, effective July 1. L. 2004: (5)(b) amended, p. 718, § 6, effective July 1. L. 2005: (5)(b) amended, p. 767, § 35, effective June 1. L. 2006: (3)(a) amended, p. 1658, § 2, effective July 1. L. 2008: (3)(d) amended, p. 1482, § 26, effective May 28. L. 2010: (4)(b) amended and (4)(l) added, (HB 10-1422), ch. 419, p. 2081, § 58, effective August 11. L. 2011: (4)(i) amended, (SB 11-265), ch. 292, p. 1368, § 25, effective August 10. L. 2012: (4)(h) amended, (HB 12-1080), ch. 189, p. 761, § 24, effective May 19; (4)(j) amended, (SB 12-148), ch. 125, p. 428, § 19, effective July 1; (4)(k) amended, (HB 12-1331), ch. 254, p. 1271, § 19, effective August 1. L. 2013: (4)(b) amended, (HB 13-1300), ch. 316, p. 1680, § 46, effective August 7. L. 2014: (5)(b) amended, (HB 14-1319), ch. 169, p. 614, § 15, effective May 9. L. 2017: (5)(b) amended, (SB 17-297), ch. 210, p. 822, § 21, effective May 18; (3)(d) amended, (HB 17-1239), ch. 261, p. 1207, § 17, effective August 9. L. 2019: (4)(k) amended, (HB 19-1178), ch. 400, p. 3547, § 19, effective July 1. L. 2020: (5)(b) amended, (HB 20-1366), ch. 181, p. 835, § 17, effective July 1, 2021. L. 2022: (2), IP(3), (3)(b), (3)(c), (3)(d), and (6) amended, (SB 22-162), ch. 469, p. 3353, § 10, effective August 10. L. 2025: (5)(b) amended, (SB 25-233), ch. 119, p. 483, § 5, effective April 25. L. 2026: (1.1) added, (HB 26-1317), ch. 185, p. 1089, § 3, effective May 28; (1), (2), and (5)(b) amended and (1.5) added, (HB 26-1317), ch. 185, p. 1089, § 3, effective July 1, 2028.

Editor's note: (1) Amendments to subsection (4)(b) by House Bill 02-1260 and House Bill 02-1324 were harmonized.

(2) Subsection (3)(a)(II) provided for the repeal of subsection (3)(a), effective July 1, 2006. (See L. 2006, p. 1658.)

Cross references: (1) For the legislative declaration contained in the 2004 act amending subsection (5)(b), see section 1 of chapter 6, Session Laws of Colorado 2004. For the legislative declaration in the 2011 act amending subsection (4)(i), see section 1 of chapter 292, Session Laws of Colorado 2011. For the legislative declaration in the 2012 act amending subsection (4)(j), see section 1 of chapter 125, Session Laws of Colorado 2012. For the legislative declaration in HB 26-1317, see section 1 of chapter 185, Session Laws of Colorado 2026.

(2) For the short title (the "Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act") in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.