AGO 84-3.

Case Date:March 05, 1984
Colorado Attorney General Opinions 1984. AGO 84-3. March 5, 1984Department of Law Attorney General Opinion FORMAL OPINION of DUANE WOODARD Attorney General Opinion No. 84-3 AG Alpha No. HE HE AGAKM Dr. Charles Manning Interim Executive Director Department of Higher Education Colorado Commission on Higher Education 1800 Broadway Denver, CO 80203 RE: 1) Metropolitan State College statutory authority to extend its campus beyond the Auraria Higher Education Center Campus and 2) Colorado Commission on Higher Education's review of off-campus instructionDear Dr. Manning: This opinion is in response to Dr. Kerschner's memorandum dated March 14, 1983 and subsequent letter dated April 19, 1983, which raise several questions concerning Metropolitan State College ("MSC") and its relationship to the Colorado Commission on Higher Education ("CCHE"). You have authorized me to modify Dr. Kerschner's questions as noted below. QUESTIONS PRESENTED AND CONCLUSIONS Your modified request for an attorney general's opinion presents the following questions: Is MSC authorized to extend its campus beyond Auraria Higher Education Center ("AHEC")? Do existing statutes exempt MSC's off-campus instruction from CCHE review? My conclusion is "no" to each question. ANALYSIS MSC is a statutorily created part of the state general college system. Its functions are principally those of undergraduate education. C.R.S. 1973, 23-54-101. MSC is authorized: (a) To provide and offer programs of undergraduate instruction in the liberal arts and sciences, as determined by the trustees in the manner in this article specified; (b) To provide and offer programs of instruction in semi-professional technical education in science and engineering technology on a terminal basis, either on its own campus or through contracts with public school districts in the city and county of Denver and the counties of Adams, Arapahoe, and Jefferson; (c) To encourage other state institutions of higher education to offer at the college, by extension, such credit courses as are beyond its scope and function and to cooperate with such other state institutions of higher education in the offering of such courses; (d) To serve the needs for higher education in the Denver metropolitan area, as well as in the state of Colorado generally. C.R.S. 1973, 23-54-102(1). This statute does not...

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