Section 23-1-108.5 - Duties and powers of the commission with regard to common course numbering system - council of higher education representatives - rules - legislative declaration - definitions - repeal(1) The general assembly finds that, for many students, the ability to transfer among all higher education institutions is critical to their success in achieving a degree. The general assembly further finds that it is necessary for the state to have sound transfer policies that provide the broadest and simplest mechanisms feasible while protecting the academic quality of the institutions of higher education and their undergraduate degree programs. The general assembly finds, therefore, that it is in the best interests of the state for the commission to oversee the adoption of the guaranteed transfer pathway matrix, which includes all higher education institutions and will ensure that the quality of the guaranteed transfer pathway matrix courses are comparable and transferable systemwide.(2) As used in this section, unless the context otherwise requires:(a) "Council" means the council convened pursuant to paragraph (a) of subsection (3) of this section.(b) [Repealed by 2024 Amendment.] (c) "General education course" means a lower-division course offered by an institution that any degree-seeking student enrolled at the institution must successfully complete in order to obtain an associate's degree or a bachelor's degree from the institution.(d) [Repealed by 2024 Amendment.] (e) "Guaranteed transfer pathway matrix" means a group of general education courses or lower-division courses required for a specific program at the institution that every student enrolled in the specific program at the institution must successfully complete in order to transfer to or from an institution and that has equivalent learning outcomes as the same level of courses offered by another institution.(f) "Higher education institution" or "institution" means a public institution of higher education as defined in section 23-4.5-102.(g) "Lower-division course" means a course numbered from one hundred to two hundred ninety-nine or one thousand to two thousand nine hundred ninety-nine.(3)(a) On or before July 1, 2001, the commission shall convene a council consisting of representatives from each of the higher education governing boards and each of the four-year higher education institutions, a representative sample of the two-year higher education institutions, and a representative of the commission. The commission shall consult with the governing boards when convening representatives from the higher education institutions. By July 1, 2011, the council shall create a process through which it shall seek input from and consult with various higher education student organizations for each articulation agreement and for the review of courses in the guaranteed transfer pathway matrix as required in subsection (3)(c) of this section.(b) The council shall recommend to the commission a guaranteed transfer pathway matrix to which the general education courses for each institution may be mapped.(c)(I) On or before October 1, 2002, the council shall recommend to the commission a list of courses to be included in the guaranteed transfer pathway matrix. In identifying the courses, the council shall review the course descriptions and may request summaries of course syllabi for review, focusing on lower-division general education courses. The commission shall review the council's recommendations and adopt a guaranteed transfer pathway matrix for general education courses, including criteria for the courses, on or before January 1, 2003.(II) The council shall annually review the list of courses and the guaranteed transfer pathway matrix, including the criteria, adopted by the commission and recommend changes necessary to maintain the accuracy and integrity of the guaranteed transfer pathway matrix. The council's annual review must include consideration of the course descriptions, and the council may request summaries of course syllabi for further review.(d.5) On or before December 31, 2024, the department shall add additional representatives as necessary to the council to ensure equal representation of institutions on the council.(d.7) On or before October 1, 2025, and every October 1 thereafter, the council shall review the list of courses in the guaranteed transfer pathway matrix and make recommendations to the commission as necessary to make changes and maintain accuracy. As part of the review, the council shall identify: (I) The highest enrollment and transfer activity for courses in the guaranteed transfer pathway matrix;(II) Courses that students are less likely to receive full credit for that apply toward the student's chosen academic program upon transfer; and(III) How the number of credit hours differs among institutions and where misalignment occurs between courses in the guaranteed transfer pathway matrix.(e) This subsection (3) is repealed, effective September 1, 2031. Before the repeal, the council of higher education representatives is scheduled for review in accordance with section 2-3-1203.(4)(a) Each higher education institution shall submit its list of identified courses in the guaranteed transfer pathway matrix, including course descriptions and, upon request of the commission, summaries of course syllabi, for review and approval by the commission on or before March 1, 2003, and on March 1 of each odd-numbered year thereafter.(b) Beginning with the fall semester of 2003, each higher education institution shall publish, and update as necessary, a list of course offerings that identifies courses offered by the institution that correspond with the courses included in the guaranteed transfer pathway matrix.(5)(a) All credits earned by a student in the guaranteed transfer pathway matrix are automatically transferable and applicable to the student's declared major or program requirements. If the credits earned by a student cannot be applied to the student's declared major or program requirements, the credits must be used to fulfill any remaining general elective course requirements needed for the student's major or program. If a student changes the student's major or declared program of study, the application of transfer credits to the student's new major or program requirements must be re-evaluated. This requirement applies to all higher education institutions upon transfer and acceptance of the student. All higher education institutions shall participate in the guaranteed transfer pathway matrix. The commission shall adopt policies and guidelines as necessary for the implementation of this section. Each institution's governing board shall modify its existing policies as necessary to accept the transfer of these credits.(b) All courses in the guaranteed transfer pathway matrix system must qualify as the same course at the receiving institution, irrespective of the total credits assigned to the course.(c) A receiving institution shall not require a transfer student to take the same or similar courses who has completed the required course in the guaranteed transfer pathway matrix, regardless of whether the student earned an associate's degree prior to transfer.(6)(a) The council shall devise and recommend to the commission procedures for exchanging information to document students' success in transferring among higher education institutions. The commission shall adopt and implement such procedures.(b) The commission, in consultation with the governing boards and the higher education institutions, shall design and implement a statewide database to implement the provisions of this section.(6.5)(a) Notwithstanding section 24-1-136 (11)(a)(I), beginning January 2026, and every January thereafter, the department shall include as part of its "SMART Act" hearing, required by section 2-7-203, a compiled report of information received from each higher education institution regarding courses in the guaranteed transfer pathway matrix that includes: (I) The number of undergraduate students transferring to the institution and each institution that a student is transferring from;(II) The average time needed to complete a bachelor's degree for a transfer student compared to a non-transfer student;(III) The total number of credits accepted and applied related to guaranteed transfer pathway courses, general education courses, and other course equivalents; and(IV) The number of credits that were accepted and not accepted, and the number of credits that were applied and were not applied to each student's degree program course requirements, at the time the student initially transferred to and enrolled in the institution, disaggregated by degree program.(b) Using existing statewide data, the department shall also include the following information for each institution regarding the total amount of transfer credits earned and the total amount of credits applied toward degree requirements in the report required in subsection (6.5)(a) of this section: (I) The average number of credits attempted and the number of credits earned to obtain a bachelor's degree for a transfer student compared to a student who did not transfer to another institution before earning the bachelor's degree; and(II) The average number of academic terms needed to complete a bachelor's degree for a transfer student compared to a student who did not transfer to another institution before earning the bachelor's degree.(7) The commission may accept any public or private gifts, grants, or donations given for the purpose of implementing this section. Any such gifts, grants, or donations shall be credited to the course numbering fund, which fund is hereby created in the state treasury. Moneys credited to the fund are hereby continuously appropriated to the commission for use in offsetting the costs incurred by the commission in implementing this section and for allocation to the governing boards to offset the costs incurred by the governing boards in implementing this section. All interest derived from the deposit and investment of moneys in the course numbering fund shall be credited to said fund. Any amount remaining in the course numbering fund at the end of any fiscal year shall remain in said fund and shall not be credited or transferred to the general fund or to any other fund.(8)(a) The department has exclusive authority to bring an enforcement action on behalf of the state against an institution for a violation of this section.(b) Prior to an enforcement action pursuant to subsection (8)(a) of this section, the department shall issue a notice of violation to the institution and explain how the institution may remedy the violation, if possible. If the institution fails to remedy the violation within three months after receipt of the notice of violation, the department may bring an enforcement action against the institution.(c) The department has the authority to overturn a course transfer decision made by an institution regarding a course in the guaranteed transfer pathway matrix that is in violation of this section.(d) A student enrolled at an institution may appeal an institution's decision regarding the denial of credit for courses in the guaranteed transfer pathway matrix that the student seeks to transfer through an appeals process established by the department.(e) The department may promulgate rules, pursuant to section 24-4-103, as necessary to implement this subsection (8).Amended by 2024 Ch. 202,§ 2, eff. 5/18/2024.Amended by 2021 Ch. 140, § 1, eff. 9/1/2021.Amended by 2016 Ch. 218, § 1, eff. 6/6/2016.L. 2001: Entire section added, p. 1028, § 1, effective June 5. L. 2004: (3)(d) repealed, p. 583, § 2, effective August 4. L. 2008: (4)(a) amended, p. 1473, § 8, effective May 28; (3)(e) amended, p. 1901, § 85, effective August 5. L. 2011: (3)(a) and (3)(e) amended, (SB 11 -100), ch. 251, p. 251, § 3, effective March 31. L. 2016: (3)(e) amended, (HB 16-1177), ch. 833, p. 833, § 1, effective June 6. L. 2021: (3)(e) amended, (SB 21-100), ch. 784, p. 784, § 1, effective September 1.