(1) (a) (I) As part of the policy adopted by the commission pursuant to section 23-1-113 (1.5)(a), the commission shall adopt and the governing boards shall implement standards and procedures whereby state institutions of higher education may offer developmental education courses, as defined in section 23-1-113 (11)(b), pursuant to this section, as prerequisites to a gateway course in English and mathematics, as defined in section 23-1-113 (11)(b.5). Beginning in the 2022-23 academic year, no more than ten percent of students enrolling in a state institution of higher education shall be enrolled directly into a developmental education course, as defined in section 23-1-113 (11)(b), that is prerequisite to a gateway course in English or mathematics if the developmental education course lengthens the student's time to degree beyond the time it would take the student to complete the degree if the student had enrolled directly into a gateway course. (II) On or before August 1, 2021, each state institution of higher education authorized pursuant to subsection (2)(a) of this section to offer developmental education courses, as defined in section 23-1-113 (11)(b), shall have a plan in place to meet the requirements described in subsection (1)(a)(I) of this section. The commission's standards and procedures must allow an institution of higher education to request an extension from the commission of up to two years to meet the requirements described in subsection (1)(a)(I) of this section, upon demonstrating exceptional circumstances. (III) The commission's standards and procedures adopted pursuant to subsection (1)(a)(I) of this section must allow state institutions of higher education serving groups of students who are not successful in supplemental academic instruction to pilot different approaches that are more successful for those students and to request a waiver from the commission's standards and procedures in order to duplicate or expand successful approaches. (2) (a) Subject to the provisions of this section, Adams state university, Colorado Mesa university, Western Colorado university in Chaffee and Gunnison counties, any local community college, and any community college governed by the state board for community colleges and occupational education may offer developmental education courses, as defined in section 23-1- 113 (11)(b), and receive stipend payments from the state on behalf of eligible undergraduate students, as defined in section 23-18-102 (5). (b) Except as otherwise provided in subsection (5) of this section, any state institution of higher education not specified in subsection (2)(a) of this section is prohibited from offering a developmental education course, unless the course is offered by contract through any of the institutions of higher education specified in subsection (2)(a) of this section. (c) Notwithstanding the provisions of subsection (2)(b) of this section, Metropolitan state university of Denver and the university of Colorado at Denver are prohibited from offering developmental education courses. (3) Each state institution of higher education shall track all students who are identified as needing additional supports to be successful in gateway courses in English or mathematics pursuant to section 23-1-113 (1.5) in order to determine whether those students successfully complete requirements for graduation. (4) (a) Repealed. (b) (Deleted by amendment, L. 2019.) (5) Any state institution of higher education not specified in subsection (2)(a) of this section offering a developmental education course on a cash-funded basis shall report annually to the department the same data that is required to be compiled and tracked pursuant to subsection (3) of this section. (5.5) The institution and the department shall report the information specified in subsection (3) of this section on an individual student basis, using each student's unique student identifier. (6) For purposes of this section, "local community college" includes Aims community college and Colorado mountain college.
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