Financial provisions - payment of tuition

(1) A cooperative agreement shall include financial provisions that satisfy the requirements of this section. (2) If a qualified student concurrently enrolls in a course offered by an institution of higher education, the institution is responsible for course content, placement of the student in the course, and the quality of instruction. In addition, because the qualified student is receiving academic credit at the qualified student's local education provider for the course pursuant to section 22-35-104 (5): (a) The qualified student is included in the funded pupil count of the student's school district or, in the case of a student enrolled in an institute charter school, of the school's accounting district, as determined pursuant to article 54 of this title 22; and (b) The institution of higher education shall include the qualified student in determining the number of full-time equivalent students enrolled in the institution pursuant to the provisions of title 23, C.R.S. (3) (a) A cooperative agreement shall establish the tuition rate at which the local education provider shall pay the institution of higher education for any courses in which a qualified student of the local education provider concurrently enrolls at the institution. The tuition rate shall not exceed: (I) For a course offered by a public community college, a public local district college, or an area technical college, the student share of the tuition rate established for Colorado residents enrolled in the course, which tuition rate is established by the state board for community colleges and occupational education pursuant to section 23-60-202 (1)(c)(I), C.R.S.; except that, if the local education provider is located outside the boundaries of every community college service area, as assigned by the commission pursuant to section 23-60-207, C.R.S., the tuition rate shall not exceed the actual student share of the resident tuition rate of the nearest Colorado public institution of higher education. (II) For a course offered by any other institution of higher education, the student share of the tuition rate established for Colorado residents enrolled in a general studies course at a community college, which tuition rate is established by the state board for community colleges and occupational education pursuant to section 23-60-202 (1)(c)(I), C.R.S.; except that, if the local education provider is located outside the boundaries of every community college service area, as assigned by the commission pursuant to section 23-60-207, C.R.S., the tuition rate shall not exceed the actual student share of the resident tuition rate of the nearest Colorado public institution of higher education. (b) Repealed. (4) Repealed. (5) A local education provider and an institution of higher education may elect to include in their cooperative agreement other financial provisions that are not inconsistent with the provisions of this section.