AGO 09-04.

• Case Date: July 13, 2009
• Court: Colorado

Colorado Attorney General Opinions 2009. AGO 09-04. FORMAL OPINION OF JOHN W. SUTHERS Attorney General No. 09-04 AG Alpha No. EX AD AGBCX July 13, 2009This opinion, requested by Governor Ritter's Chief Legal Counsel Thomas M. Rogers, III, concerns whether funding limitations on the calculation of Adams State College's fulltime equivalent student enrollment enacted into law by House Bill 09-1272 are consistent with Article XVIII, § 9(7)(c)(III)(A) of the Colorado Constitution (hereinafter "Amendment 50"). QUESTION PRESENTED AND CONCLUSION Question: Whether the statutory definition of "Full-Time Equivalent Student Enrollment" in House Bill 09-1272, which limits Adams State College's Full-Time Equivalent Student Enrollment for purposes of the community college funding program created by Amendment 50 "to enrollment in the associate's degree programs that existed as of November 4, 2008,"(fn1) is consistent with the provisions of Amendment 50. Answer: No. Amendment 50 by its terms mandates that all of Adams State College's communi ty college students and programs receive additional funding under the measure in proportion to the College's respective student enrollment in the previous fiscal year. BACKGROUND Adams State College is a general baccalaureate institution which includes a community college as part ofits statutory mandate:

There is hereby established a college at Alamosa, to be known as Adams state college, which shall be a general baccalaureate institution with moderately selective admission standards. Adams state college shall offer undergraduate liberal arts and sciences, teacher preparation, and business degree programs, a limited number of master's level programs, and two-year transfer programs with a community college role and mission.

Adams state college shall not offer career and technical education programs. Adams state college shall receive resident credit for two-year course offerings in its commission-approved service area.(fn2) Thus, although Adams State College is generally a four-year baccalaureate institution, it does have a statutory role and mission as a community college. This community college role and mission is currently reflected in Adams State College's Associate of Art/Science Program offerings.(fn3) These are two-year transfer degrees that meet the state's guaranteed transfer requirements. These degrees are general purpose degrees intended for transfer to four-year degree programs exactlylike those degrees at regular community colleges. They do not have majors or specializations, and each student is free to design his or her own degree program within the broader requirements. Adams State College currently has approximately 120 students enrolled in AA and AS programs. Adams State College's community college programs are included in the Colorado Commission on Higher Education's geographic and programmatic service areas for Colorado community college programs.(fn4) The Colorado Commission on Higher Educ ation's Service Areas of Colorado Institutions of...