Section 23-1-107 - Duties and powers of the commission with respect to program approval, review, reduction, and discontinuance(1) A governing board of a state-supported institution of higher education is not required to submit a proposal to or obtain approval from the commission to create, modify, or discontinue academic or vocational programs offered by the institution, so long as the creation, modification, or discontinuance of the academic or vocational program is consistent with the institution's statutory role and mission.(2)(a) (Deleted by amendment, L. 2008, p. 1472, § 7, effective May 28, 2008.)(a.6) The commission shall develop and employ uniform standards for the comparative evaluation of duplicate programs offered at the graduate level by more than one institution. In all cases where there is duplication of graduate programs among multiple institutions, the commission shall make an evaluation of all such programs with a view to eliminating duplication. The evaluation of the programs shall include an analysis of the number of degrees granted in each institution's programs in the last five years, the number of duplicate degree programs within the Colorado public system of higher education, the role and mission statements for each institution, the interconnections of a program with other programs on a campus, the national recognition given to existing programs, the cost of continuing such programs, and other criteria as determined by the commission. In program discontinuance, the commission shall consider balance among institutions. It is the intent of the general assembly that there shall be a presumption in favor of the elimination of duplicate graduate programs where the need for duplication is not clearly justified by special excellence, geographical and other particular needs served, or the unique contribution of duplicate programs.(b) The governing board of a state-supported institution of higher education directed to discontinue an academic or vocational degree program area pursuant to this subsection (2) shall have not more than four years to discontinue graduate and baccalaureate programs and not more than two years to discontinue associate programs following the commission's directive to phase out said program area.(c) If the commission directs the governing board of an institution to discontinue an academic or vocational degree program area, and the governing board refuses to do so, the commission may require such governing board to remit to the general fund any moneys appropriated for such program area.(3) Each governing board of the state-supported institutions of higher education shall submit to the department a plan describing the procedures and schedule for periodic program reviews and evaluation of each academic program at each institution consistent with the statewide goals specified in section 23-1-108 and further articulated in the master plan adopted pursuant to section 23-1-108 and the role and mission of each institution. The information to be provided to the department shall include, but shall not be limited to, the procedures for using internal and external evaluators, the sequence of such reviews, and the anticipated use of the evaluations.(3.5) The commission may waive the provisions of subsections (2) and (3) of this section.(4) Prior to the discontinuance of a program, the governing boards of state institutions of higher education are directed, subject to commission approval, to develop appropriate early retirement, professional retraining, and other programs to assist faculty members who may be displaced as a result of discontinued programs.(5) The department shall ensure that each institution has an orderly process for the phaseout of programs.Amended by 2017 Ch. 210, § 3, eff. 5/18/2017.L. 85: Entire article R&RE, p. 755, § 1, effective July 1. L. 88: (2)(a.5) to (2)(a.7) added, p. 838, § 2, effective April 21. L. 94: (2)(a.5) repealed, p. 1795, § 4, effective May 31. L. 96: (1), (2)(a), and (3) amended, p. 1833, § 6, effective June 5; (2)(a.7) repealed, p. 1235, § 76, effective August 7. L. 2007: (6) added, p. 338, § 3, effective April 2. L. 2008: (1), (2)(a), (3), and (5) amended, p. 1472, § 7, effective May 28. L. 2009: (6) repealed, (HB 09 -1319), ch. 286, p. 1322, § 13, effective May 21. L. 2011: (1)(b) and (3) amended, (SB 11 -052), ch. 232, p. 999, § 7, effective May 27. L. 2017: (1) amended and (3.5) added, (SB 17-297), ch. 210, p. 816, § 3, effective May 18. For the legislative declaration contained in the 1996 act repealing subsection (2)(a.7), see section 1 of chapter 237, Session Laws of Colorado 1996. For the legislative declaration in the 2011 act amending subsections (1)(b) and (3), see section 1 of chapter 232, Session Laws of Colorado 2011.