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Faculty Assembly

ADDENDUM B
RESOURCE, PROGRAMMATIC AND MANAGEMENT FLEXIBILITY
This Addendum B describes the resource, programmatic, and management
flexibility which the Department agrees to provide or agrees to support for the
Institution under the terms of the Performance Contract.
1. Management and Programmatic Flexibility.
(a) Title 23, Article 5, Section 129, Colorado Revised Statutes provides
that a state institution of higher education’s compliance with the goals specified in
the performance contract may be in lieu of the requirements of Title 23, Article 1
and the “Higher Education Quality Assurance Act,” Title 23, Article 13, for the
period of the Performance Contract. Accordingly, during the term of the
Performance Contract, the Institution shall not be subject to the requirements
imposed upon it pursuant to the provisions of Article 1 of Title 23 or Article 13 of
Title 23 (or the requirements of any Commission regulations, policies or
procedures enacted under the authority of such provisions) except as to those
statutory provisions (and the requirements of Commission regulations, policies,
and procedures enacted under the authority of such provisions) to which the
Institution is specifically made subject as specifically described below.
Section 23-1-101. Legislative declaration
The applicability of this section to the Institution is not addressed in
this Addendum B because these sections do not impose requirements or
enable policies imposing requirements on the Institution.
Section 23-1-102. Commission abolished – commission reestablished – terms of
office
The applicability of this section to the Institution is not addressed in
this Addendum B because these sections do not impose requirements or
enable policies imposing requirements on the Institution.
Section 23-1-103. Advisory committee
The applicability of this section to the Institution is not addressed in
this Addendum B because these sections do not impose requirements or
enable policies imposing requirements on the Institution.

Section 23-1-103.5. Establishment of annual allowable cash fund revenues and
expenditures by general assembly.
The Institution shall continue to be subject to the requirements of this
section with the understanding that, so long as the Institution is an
enterprise, University expenditures would fall within an exclusion in
section 20 of Article X and would not be included in the limitation on
state fiscal year spending.
Section 23-1-104. Financing the system of postsecondary education – repeal.
The Institution shall be subject to the requirements of this section.
Section 23-1-105. Duties and powers of commission with respect to
appropriations – repeal.
The Institution shall be subject to subsections (1), (4), (5) and (8). The
Institution shall not be subject to subsections (2) or (3) of this section.
Subsections (6) and (7) have been repealed.
Section 23-1-106. Duties and powers of the commission with respect to capital
construction and long-range planning
The Institution shall be subject to the requirements of this section for
those capital construction projects constructed or acquired with state
capital construction funds with the understanding that any project
requiring less than $500,000 of state capital construction funds shall be
exempted from the requirements for program and physical planning as
permitted by subsection (5)(b). The Institution shall be subject to the
requirements of subsection 6 for capital construction projects
constructed or acquired with cash funds. The Institution shall not be
subject to any other requirements of this section for capital
construction projects constructed or acquired with cash funds.
Section 23-1-106.5. Duties and powers of the commission with regard to
advanced technology – fund created.
The Institution shall be subject to the requirements of this section.
Section 23-1-106.7. Duties and powers of the commission with respect to
technology transfers.
The Institution shall be subject to the requirements of this section.
Section 23-1-107. Duties and powers of the commission with respect to program
approval, review, reduction, and discontinuance

The Institution shall be subject to the requirements of subsection (4) of
this section and shall not be subject to the requirements of the
remaining subsections of this section. With reference to subsection 4,
the Commission agrees to authorize the Governing Board to establish
early retirement, retraining, and severance programs for faculty in
programs to be discontinued subject to consultation with the
Commission prior to the Governing Board’s approval of the programs.
Section 23-1-108. Duties and powers of the commission with regard to system
wide planning
The Institution shall be subject to the requirements in subsections
(1)(a), (1)(b), (1)(f), (1)(g), (4), (5), (7)(a), and (10). The Institution shall
not be subject to the other requirements of this subsection.
Section 23-1-108.5. Duties and powers of the commission with regard to common
course numbering;
The Institution shall be subject to the requirements of this section.
Section 23-1-109. Duties and powers of the commission with regard to off-
campus instruction
The Institution shall not be subject to the requirements of this section.
Section 23-1-109.7. Duties and powers of the commission with regard to the
provision of educational services
The Institution shall be subject to the requirements of this section.
Section 23-1-110. Organization, meetings, and staff
The applicability of this section to the Institution is not addressed in
this Addendum B because these sections do not impose requirements or
enable policies imposing requirements on the Institution.
Section 23-1-112. Tuition – reciprocal agreements
The Institution shall be subject to the requirements of this section.
Section 23-1-113. Commission directive - admission standards for baccalaureate
and graduate institutions of higher education
The Institution shall be subject to the requirements of subsection (1)(a)
except to the extent that the Institution is exempted from the
requirements by the operation of paragraph 2(c) of this Addendum B.

The Institution shall be subject to the requirements subsection
(1)(b)(I)(A). The Institution shall be subject to the requirements of the
first sentence of subsection (1)(b)(I)(B) as follows: “In lieu of the
established statewide criteria, additional criteria may be used for up to
twenty percent of the admitted freshmen.” The Institution shall not be
subject to the remaining requirements of subsection (1)(b)(I)(B). The
Institution shall be subject to the requirements of subsections
(1)(b)(I)(C), (1)(b)(II), and (1)(c).
Section 23-1-113.2. Commission directive - admission standards for students
holding international baccalaureate degrees
The Institution shall be subject to the requirements of this section.
Section 23-1-113.3. Commission directive - basic skills courses
The Institution shall be subject to the requirements of this section.
Section 23-1-113.5. Commission directive - resident admissions
The Institution shall be subject to the requirements of this section.
Section 23-1-113.7. Commission directive - nursing programs – employer-based
gift and scholarship fund – legislative declaration
The Institution shall be subject to the requirements of this section.
Section 23-1-115. Commission directive – review and action on existing degree
programs
The Institution shall not be subject to the requirements of this section.
Section 23-1-118. Commission directive – programs of excellence
The Institution shall be subject to the requirements of this section.
Section 23-1-119. Commission directive – transition between K-12 education
system and postsecondary education system
The Institution shall be subject to the requirements of this section.
Section 23-1-120. Commission directive - incentives for improvement initiative
grants
The Institution shall be subject to the requirements of this section.

Section 23-1-121. Commission directive – approval of teacher preparation
programs
The Institution shall be subject to the requirements of this section.
Section 23-1-121.1. Commission directive – approval of principal preparation
programs
The Institution shall be subject to the requirements of this section.
Section 23-1-121.3. Commission directive – principal and administrator
preparation programs
The Institution shall be subject to the requirements of this section.
Section 23-1-121.5. Commission directive – education in special education
The Institution shall be subject to the requirements of this section.
Section 23-1-121.7. Commission directive – paraprofessional programs
The Institution shall be subject to the requirements of this section.
Section 23-1-123. Commission directive – fee policies
The Institution shall be subject to the requirements of this section.
Section 23-1-124. Commission directive – sophomore assessments
The Institution shall not be subject to the requirements of this
section.
Section 23-1-125. Commission directive –student bill of rights – degree
requirements – implementation of core courses – competency test.
Institution shall be subject to the requirements of this section.
Section 23-1-126. Commission directive – nursing programs.
The Institution shall be subject to the requirements of this section.

Section 23-1-127. Commission directive – regional education providers -
criteria
The applicability of this section to the Institution is not addressed in
this Addendum B because these sections do not impose requirements or
enable policies imposing requirements on the Institution.
Section 23-1-128. Commission directive – American Sign Language in
higher education institutions
The Institution shall be subject to the requirements of this section.
Article 13. Higher Education Statewide Expectations and Goals and Quality
Indicator System
The Institution shall not be subject to the requirements of this
article.
(b) While operating pursuant to this Performance Contract, the
Governing Board will not be required to obtain approval from the
Commission to create, modify, or eliminate academic programs offered by the
Institution, so long as such creations, modifications, and eliminations are
consistent with the Institution's statutory role and mission. The Commission
shall have the authority pursuant to Title 23, Article 5, Section 129(6)(b),
Colorado Revised Statutes, to override any creation or modification of an
academic or vocational program if the change made by the Governing Board
is inconsistent with the Institution’s statutory role and mission.
(c) The Institution’s exemption from the requirements of Title 24, Article
101 and from the requirements in Title 24, Article 30, Section 1104(2), Colorado
Revised Statutes, shall be governed by the provisions of Title 24, Article 101,
Section 105 and Title 24, Article 30, Section 1104(2) and not by the provisions of
this Performance Contract.
2. Resource Flexibility
Tuition and Fees: The Governing Board shall have sole authority to
establish tuition, fees and other charges for the Institution within
legislatively prescribed spending limits. Increases to tuition, fees and
other charges over the duration of the Performance Contract, as
approved by the Governing Board, shall be based upon funding of the
Base Adequacy of the Cost of Education as described in paragraph (b)
below, which may be offset by: (1) Funds provided through stipends
paid from the Colorado College Opportunity Trust Fund, payments
made to the Institution pursuant to fee-for-service contracts, and

general fund appropriations, (2) student/parental support, and (3)
additional revenues necessary to make up the portion of the cost of
education not covered by numbers (1) and (2).
Base Adequacy of the Cost of Education (“Base Adequacy”). Base
Adequacy is defined as the expenditures per student-FTE at the mean
of University peers, where expenditures exclude research, auxiliary,
hospital and independent expenditures. During the Contract Term, the
Institution will annually complete a cost study and calculate Base
Adequacy.
State and Institutional Funding Assumptions. The Department agrees
that funds from sources described in subparagraph (a)(1) of this
paragraph 2, shall comprise 50% of the resources per student-FTE
necessary to reach Base Adequacy during the Contract Term. If the
State is not able to meet this level of support on a year to year basis, the
Governing Board may make up for any shortfall by: (1) adjusting
tuition as provided in this contract, (2) increasing the number of out-of-
state students, notwithstanding any CCHE policy limiting the freshman
admission standard window size to below the statutory limit of 20%, or
(3) some combination of these two actions.
Institutional Plans for Tuition Increases. As provided by Title 23,
Article 5, Section 129(6)(c), Colorado Revised Statues, the Institution
shall develop its requests for spending authority, including planned
tuition increases, according to the terms of this paragraph 2 of
Addendum B, and forward its requests to the Commission. The
Commission shall forward the Institution’s requests to the General
Assembly for consideration in the budget. The Governing Board
understands and agrees that the General Assembly has expressly
retained the authority in Title 23, Article 5, Section 129, Colorado
Revised Statutes, to approve spending authority for the Governing
Board.