As used in parts 1 and 2 of this article 18, unless the
context otherwise requires:
(1) College opportunity fund or fund means the college opportunity fund
created in section 23-18-202.
(2) College opportunity fund program or program means the college
opportunity fund program created in the department of higher education pursuant
to section 23-18-201 (1).
(3) Commission means the Colorado commission on higher education
established pursuant to section 23-1-102.
(4) Department means the Colorado department of higher education
established pursuant to section 24-1-114, C.R.S.
(5) (a) Eligible undergraduate student means:
(I) A student who is enrolled at a state institution of higher education and
who is classified as an in-state student for tuition purposes;
(I.5) A student who is enrolled at a state institution of higher education as
part of a pathways in technology early college high school that is approved as
provided in article 35.3 of title 22, C.R.S., and who is classified as an in-state
student for tuition purposes; or
(II) A student who is enrolled at a participating private institution of higher
education and who:
(A) Is classified as an in-state student for tuition purposes;
(B) Is a graduate of a Colorado high school or has successfully completed a
nonpublic home-based educational program as provided in section 22-33-104.5,
C.R.S.;
(C) Demonstrates financial need through the student's eligibility for the
federal Pell grant, or its successor program;
(C.5) Is not pursuing a professional degree in theology; and
(D) Meets any other eligibility requirements established by the commission.
(b) (Deleted by amendment, L. 2005, p. 1011, � 1, effective June 2, 2005.)
(c) Notwithstanding the provisions of paragraph (a) of this subsection (5), a
student shall not be considered an eligible undergraduate student during the first
year the student attends a Colorado institution of higher education if the student
receives status as an in-state student for tuition purposes pursuant to section 23-7-111.
(6) Governing board means the governing body of a state institution of
higher education.
(7) Institution of higher education means a participating private institution
of higher education or a state institution of higher education.
(8) Participating private institution of higher education means a private
institution of higher education that enters into a performance contract with the
department pursuant to section 23-18-201 (2) and agrees to participate in the
program.
(9) Private institution of higher education means a not-for-profit college or
university that maintains its primary place of business in the state of Colorado, that
offers general baccalaureate degrees in arts and sciences, and that is
institutionally accredited on the basis of an on-site review in Colorado by one of the
six nationally recognized regional accrediting associations or by an accrediting
agency determined by the commission to be appropriate to its educational
purposes and programs.
(9.5) 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.
(10) (a) State institution of higher education means a public postsecondary
institution that is governed by:
(I) The board of governors of the Colorado state university system;
(II) The board of regents of the university of Colorado;
(III) The board of trustees of the Colorado school of mines;
(IV) The board of trustees of the university of northern Colorado;
(V) The board of trustees of Adams state university;
(VI) The board of trustees of Western Colorado university;
(VII) The board of trustees of Colorado Mesa university;
(VIII) The board of trustees for Fort Lewis college;
(IX) The board of trustees for Metropolitan state university of Denver; or
(X) The state board for community colleges and occupational education.
(b) State institution of higher education does not include a local district
college that is part of a local college district organized pursuant to article 71 of this
title, which districts shall continue to be eligible for direct grant funding from the
general assembly pursuant to section 23-71-301.
(11) Stipend means the amount of money per credit hour specified pursuant
to section 23-18-202 (2)(b) held in trust for and paid on behalf of an eligible
undergraduate student pursuant to section 23-18-202 (5). Stipend shall also
include payment on behalf of an eligible undergraduate student for a part of a
credit hour.
(12) Student's share of in-state tuition means the amount of total in-state
tuition, less any amount paid on behalf of the student as a stipend.
(13) Total in-state tuition means the total amount of tuition that is paid to a
state institution of higher education by or on behalf of a student who is eligible to
pay in-state tuition, including but not limited to the amount of the stipend paid on
behalf of the student.
Source: L. 2004: Entire article added, p. 703, � 2, effective July 1. L. 2005: (5)(b) and (11) amended, p. 1011, � 1, effective June 2. L. 2009: (5)(a)(II)(C) and (9)
amended and (5)(a)(II)(C.5) and (9.5) added, (HB 09-1267), ch. 348, p. 1825, �� 8, 9,
effective June 1; (5)(c) added, (HB 09-1063), ch. 228, p. 1040, � 3, effective August 5. L. 2011: (10)(a)(VII) amended, (SB 11-265), ch. 292, p. 1368, � 24, effective August 10. L. 2012: (10)(a)(V) amended, (HB 12-1080), ch. 189, p. 760, � 19, effective May 19;
(10)(a)(IX) amended, (SB 12-148), ch. 125, p. 427, � 15, effective July 1; (10)(a)(VI)
amended, (HB 12-1331), ch. 254, p. 1271, � 18, effective August 1. L. 2014: IP and (12)
amended, (HB 14-1319), ch. 169, pp. 614, 611, �� 12, 5, effective May 9. L. 2015: (5)(a)(I) amended and (5)(a)(I.5) added, (HB 15-1270), ch. 195, p. 658, � 5, effective
August 5. L. 2017: IP and (8) amended, (SB 17-297), ch. 210, p. 819, � 12, effective
May 18. L. 2019: (10)(a)(VI) amended, (HB 19-1178), ch. 400, p. 3547, � 18, effective
July 1. L. 2020: (12) amended, (HB 20-1366), ch. 181, p. 834, � 11, effective July 1,
2021.