C.R.S. Section 23-5-113.5
Prohibition on withholding transcripts and diplomas

  • postsecondary institution
  • remedy
  • definitions

(1)

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

(a)

“Administrator” means an administrator of the “Uniform Consumer Credit Code” designated pursuant to section 5-6-103.

(b)

“Debt” means any money, obligation, claim, or sum, due or owing, or alleged to be due or owing, from a current or former student, but does not include a fee charged to a current or former student for the actual cost of providing a transcript or diploma.

(c)

“Financial aid funds” means financial aid funds that a current or former student owes to a postsecondary institution under Title IV, or to the state, due to miscalculation, withdrawal, misinformation, or any other reason, not including the standard repayment of student loans.

(d)

“Postsecondary institution” means a public institution of higher education, as defined in section 23-4.5-102 (7); a private institution of higher education, as defined in section 23-18-102 (9); or a private occupational school, as defined in section 23-2-102 (13).

(e)

“Room and board fees” means any money, obligation, claim, or sum, due or owing, or alleged to be due or owing, from a current or former student for the provision of contractually agreed upon on-campus housing or meal services plans.

(f)

“Student loan ombudsperson” means the student loan ombudsperson designated in section 5-20-104.

(2)

Intentionally left blank —Ed.

(a)

A postsecondary institution may refuse to provide a transcript or diploma to a current or former student on the grounds that the student owes a debt for tuition, room and board fees, or financial aid funds.

(b)

Notwithstanding subsection (2)(a) of this section, a postsecondary institution shall not refuse to provide a transcript or diploma to a current or former student:

(I)

On the grounds that the student owes a debt other than a debt for tuition, room and board fees, or financial aid funds; or

(II)

If the student can demonstrate that the transcript or diploma is needed for one of the following exemptions:

(A)

A job application;

(B)

Transferring to another postsecondary institution;

(C)

Applying for state, federal, or institutional financial aid;

(D)

Pursuit of opportunities in the military or National Guard; or

(E)

Pursuit of other postsecondary opportunities.

(c)

Subsection (2)(b)(II) of this section does not apply to a foreign student, as defined in section 23-1-113.5.

(3)

If a postsecondary institution provides a current or former student a transcript or diploma pursuant to subsection (2)(b) of this section, the postsecondary institution shall not:

(a)

Condition provision of the transcript or diploma on payment of a debt;

(b)

Charge a higher fee to obtain the transcript or diploma or provide less favorable treatment in response to the transcript or diploma request because the requesting current or former student owes a debt; or

(c)

Otherwise use transcript or diploma issuance as a tool for debt collection.

(4)

Intentionally left blank —Ed.

(a)

Each postsecondary institution shall adopt a policy that outlines the process by which a student may obtain a transcript or diploma and the circumstances under which a transcript or diploma may be withheld pursuant to subsection (2) of this section from a current or former student who owes a debt. At a minimum, the policy must include:

(I)

A reasonable process for verification of conditions a current or former student may demonstrate to receive an exemption pursuant to subsection (2) of this section;

(II)

An opportunity to establish a payment plan for the debt;

(III)

Identification of the point at which a student will no longer be able to register for classes due to the debt owed; and

(IV)

Identification of the point at which a student may be subject to a transcript, diploma, or registration hold, including the time frames and amounts for which the holds are to be used and the lowest amount of debt at which the institution will assign the debt to a third-party collection agency.

(b)

The postsecondary institution shall post the policy described in subsection (4)(a) of this section and the procedures for filing a complaint with the student loan ombudsperson and the administrator on the postsecondary institution’s website and provide the policy and the procedures to students as part of the information shared relating to the cost of attendance that includes any additional fees, financial aid, scholarships, or other information.

(5)

Intentionally left blank —Ed.

(a)

Beginning July 1, 2024, each postsecondary institution shall annually report to the department of higher education concerning transcript and registration holds, including:

(I)

The postsecondary institution’s policy developed pursuant to subsection (4)(a) of this section;

(II)

The number of students for whom the postsecondary institution is withholding official transcripts, diplomas, and registration privileges; and

(III)

The number of past-due student accounts assigned to third-party collection agencies, including the number of students who are eligible for federal Pell grants.

(b)

Beginning January 2025, and each January thereafter, the department of higher education shall annually report on the information described in subsection (5)(a) of this section at the department’s annual hearing pursuant to the “State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act”, part 2 of article 7 of title 2.

(6)

Intentionally left blank —Ed.

(a)

The student loan ombudsperson may provide information to the public regarding the limits described in this section on withholding a transcript or diploma. The student loan ombudsperson and the administrator may receive complaints from current or former students who have had a transcript withheld.

(b)

Beginning January 2025, and each January thereafter, the attorney general’s office shall compile data on the complaints received by the student loan ombudsperson and the administrator pursuant to subsection (6)(a) of this section and annually report the data through the annual hearing for the department of law held pursuant to the “State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act”, part 2 of article 7 of title 2.

Source: Section 23-5-113.5 — Prohibition on withholding transcripts and diplomas - postsecondary institution - remedy - definitions, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-23.­pdf (accessed Oct. 20, 2023).

23‑5‑101.5
Enterprise status of auxiliary facilities - definitions 23‑5‑101.7
Enterprise status of institutions of higher education 23‑5‑102
Funding for auxiliary facilities - institutions of higher education - loans - bonds 23‑5‑103
Pledge of income 23‑5‑104
No property lien 23‑5‑105
Tax exemption 23‑5‑105.5
State board for community colleges and occupational education - authority to create financial obligations 23‑5‑106
Authority of governing boards - general - health-care insurance - contracts of indemnity 23‑5‑106.5
Authority of governing boards - student applications - criminal and disciplinary history inquiry - exceptions - definitions 23‑5‑107
Authority of governing boards - parking 23‑5‑108
Governing boards authorized to cede jurisdiction for enforcement of traffic laws 23‑5‑109
Identification - suicide and crisis prevention - rules 23‑5‑110
Medical personnel 23‑5‑112
Gifts and bequests to institutions of higher education - venture development investment funds 23‑5‑113
Collection of loans and outstanding obligations - state educational institutions 23‑5‑113.5
Prohibition on withholding transcripts and diplomas - postsecondary institution - remedy - definitions 23‑5‑114
National direct student loans - authority to separately collect advances 23‑5‑115
Loans or outstanding obligations offset 23‑5‑116
Governing boards - authority to provide out-of-state courses 23‑5‑117
Governing boards - delegation of personnel power 23‑5‑118
Selective service registration information 23‑5‑119.5
Student fees - legislative declaration - definitions - institutional plans - fee information - reporting 23‑5‑120
Student fees - deposit - interest 23‑5‑121
Governing boards - authority to establish nonprofit corporations for developing discoveries and technology 23‑5‑122
Intrainstitutional and intrasystem transfers - course scheduling 23‑5‑123
Sabbatical leave - policy - production of records - legislative declaration - definition 23‑5‑124
Student enrollment - prohibition - public peace and order convictions - definitions 23‑5‑125
Campus sex offender information 23‑5‑126
Governing boards - anti-terrorism measures 23‑5‑127
Unique student identifying number - social security number - prohibition 23‑5‑128
Meningococcal disease - information - immunity - definitions 23‑5‑131
Governing boards - tuition - fixed rate contract - definitions 23‑5‑132
Governing boards - travel policies - exemption from state travel rules 23‑5‑134
Appointments to governing boards - considerations 23‑5‑136
Governing boards - online textbook program 23‑5‑137
Loan repayment assistance - legislative declaration - definitions 23‑5‑138
Textbooks - academic freedom - definitions 23‑5‑139
Higher education revenue bond intercept program - definitions 23‑5‑140
Lifesaving school safety information - legislative declaration - definitions 23‑5‑140.5
Employee information - student loan repayment and forgiveness programs 23‑5‑140.7
Calculation of full-time employment of teachers for purposes of the federal public loan forgiveness program - definitions 23‑5‑141
Campus police information sharing - legislative declaration - definitions 23‑5‑142
Institution law enforcement agencies to provide identification cards to retired peace officers upon request - definitions 23‑5‑143
Sexual assault victim care - memorandum of understanding - training - definitions 23‑5‑144
Students’ right to speak in a public forum - legislative declaration - violations - court actions - free speech zones - definitions 23‑5‑145
Credit for military education and training - policy - definition 23‑5‑145.5
Credit for work-related experience - plan - report - definitions - repeal 23‑5‑145.6
Opportunities for credential attainment - fund - report - definitions - repeal 23‑5‑145.7
Funding for nondegree credential programs - duty - policy - appropriation - report - definitions - repeal 23‑5‑146
Sexual misconduct - policies - confidential resources - training - reports - definitions 23‑5‑147
Sexual misconduct advisory committee - membership - duties - report - legislative declaration - definitions 23‑5‑148
Dental therapy training programs - authorization to grant advanced standing - definition 23‑5‑149
Epinephrine auto-injectors at institutions of higher education - immunity - short title
Green check means up to date. Up to date

Current through Fall 2024

§ 23-5-113.5’s source at colorado​.gov