CONSENT AGENDA ITEM 

STATE BOARD FOR COMMUNITY COLLEGE AND OCCUPATIONAL EDUCATION 

March 12, 2008

TOPIC: 	Colorado Vocational Act Rule 

PRESENTED BY: 	Dr. Linda Bowman, VP for Academic and Student Services
Dr. Geri Anderson, Provost
Jennifer Sobanet, AVP Compliance and Technical Support
Brian Jenkins, CVA and Credentialing Manager

EXPLANATION: 

This request for Board approval of a Rule change is a prelude to the legal process to amend the Rules of the Colorado Vocational Act (CVA).  The proposed Rule change allows the final financial reporting deadline to be moved from August 1 to September 1 beginning fiscal year 2008-09.  (Section 7.3 of the CVA Rules and Regulations) This rule change stems from requests from the Colorado school districts.

Currently, Section 7.3 states the deadline for districts to send in required final financial reports for CVA funding is August 1.  At the request of the school districts, CCCS is changing the deadline to September 1.  Due to the change in the deadline, the first quarter payment will be combined with the second quarter payment, dispersed on or about December 31.

BACKGROUND

CCCS plans to make significant Rule changes to the CVA that will coincide with the legislative changes proposed in HB 1079.  Changes made in HB 1079 will not be effective until 90 days following final adjournment of the General Assembly; currently, adjournment is May 7, 2008 and thus the effective date of the legislative changes would be August 6, 2008.  In order to have legislative changes and Rule changes take effect at the same time, CCCS will present the substantial Rule changes to the SBCCOE in the April Board meeting.  

However, the Rule change described above must go into effect on July 1, 2008 rather than August 6, 2008.  Therefore, this one rule change is being submitted to the SBCCOE, Attorney General and Secretary of State in March, 2008 rather than in April, 2008.

The next steps for this Rule change are as follows:
•	CCCS informs the SBCCOE of the requested rule change (March Board meeting)
•	CCCS amends Rule 7.3 of the Colorado Vocational Act 8 CCR 1504-2 and electronically files with the Attorney General and then the Secretary State.
•	In the May 14 Board meeting, the SBCCOE holds a public hearing on the rule change.  At this meeting the Board will vote whether or not to adopt the change.  
•	CCCS Staff will communicate with the districts this change is effective on July 1, 2008.

ATTACHMENT I: Current CVA Rule 7.3
ATTACHMENT II: Proposed CVA Rule 7.3 

RECOMMENDATION: 

It is recommended that the Board approve the proposed Colorado Vocational Act Rules change to 7.3 as submitted to be implemented July 1, 2008 and to hold a public hearing on May 14, 2008. 

Attachment I– Current Colorado Vocational Act 5.0

	7.3 Applications for Reimbursement. Not later than August 1, unless an extension is granted by Board staff for good cause, districts offering approved programs shall file with the Board estimated eligible costs, estimated FTE and any other information requested by the Board related to calculation of estimated reimbursement for approved programs to be delivered by the district in that fiscal year. Such information shall be provided in the format and shall follow the guidelines for submission identified by the Board. 

Attachment II– Proposed Colorado Vocational Act 7.3
	7.3 Applications for Reimbursement. Not later than September 1, unless an extension is granted by Board staff for good cause, districts offering approved programs shall file with the Board estimated eligible costs, estimated FTE and any other information requested by the Board related to calculation of estimated reimbursement for approved programs to be delivered by the district in that fiscal year. Such information shall be provided in the format and shall follow the guidelines for submission identified by the Board.