Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
LLS NO. 22-0520.01 Jacob Baus x2173
HOUSE BILL 22-1255
House Committees Senate Committees
Education
A BILL FOR AN ACT
C
ONCERNING MEASURES TO IM PROVE POSTSECONDARY EDUCATION101
OUTCOMES FOR STUDENTS WITH A DISABILITY .102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill requires the department of higher education (department)
to submit, as a part of its annual "State Measurement for Accountable,
Responsive, and Transparent (SMART) Government Act" hearing, data
related to postsecondary outcomes for students with a disability. The
department shall gather the data in collaboration with institutions of
higher education (institutions).
HOUSE
Amended 2nd Reading
March 21, 2022
HOUSE SPONSORSHIP
Ortiz and Bradfield, Larson
SENATE SPONSORSHIP
Zenzinger and Kirkmeyer,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute. The bill creates the postsecondary services advisory committee
(committee) in the department for the purpose of making
recommendations to institutions and the general assembly concerning
necessary services and best practices to improve successful outcomes for
students with disabilities at institutions. The committee is required to
complete and submit a report to the education committees of the house of
representatives and the senate by June 15, 2023, and June 14, 2024. The
committee is repealed on June 30, 2024.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds that:3
(a) According to a 2013 report from the Georgetown University4
Center on Education and the Workforce, approximately seventy-five5
percent of jobs in Colorado require postsecondary education, while only6
approximately sixty-one percent of adults in Colorado have earned a7
degree or certificate;8
(b) According to a 2011 longitudinal study funded by the United9
States Department of Education, national completion rates for students10
with disabilities in postsecondary education was thirty-eight percent11
compared to fifty-one percent for students without a reported disability;12
(c) According to a 2019 report from Colorado State University,13
students who receive appropriate disability support services and14
accommodations experience better academic outcomes that support15
post-graduate employment;16
(d) To ensure the economic vitality of Colorado, every industry17
needs access to a skilled workforce, and every Coloradan needs access to18
sustainable employment;19
(e) The statewide implementation of universal and inclusive20
services, supports, and accommodations for students with disabilities can21
1255-2- greatly improve cost efficiencies for institutions of higher education,1
improve access and successful outcomes for all students, and sustain the2
workforce and economic vitality of Colorado;3
(f) Students with disabilities must be recognized for who they are4
and supported to address their needs most effectively; and5
(g) Colorado does not have statewide data to examine the6
postsecondary outcomes for students with disabilities, and the lack of7
information prevents Colorado from connecting students with disabilities8
to the workforce.9
(2) Therefore, the general assembly declares that in order to meet10
the economic demands of Colorado, it is essential to collect significant11
data and examine the postsecondary services, supports, and12
accommodations necessary for students with disabilities to improve13
postsecondary education and career outcomes.14
SECTION 2. In Colorado Revised Statutes, add article 79 to title15
23 as follows:16
ARTICLE 7917
Improve Postsecondary Education for18
Students with Disabilities19
23-79-101. Definitions. A
S USED IN THIS ARTICLE 79, UNLESS THE20
CONTEXT OTHERWISE REQUIRES :21
(1) "D
EPARTMENT" MEANS THE DEPARTMENT OF HIGHER22
EDUCATION CREATED AND EXISTING PURSUANT TO SECTION 24-1-114.23
(2) "D
ISABILITY" HAS THE SAME MEANING AS SET FORTH IN THE24
FEDERAL "AMERICANS WITH DISABILITIES ACT OF 1990", 42 U.S.C. SEC.25
12101
ET SEQ., AND ITS RELATED AMENDMENTS AND IMPLEMENTING26
REGULATIONS.27
1255
-3- (3) "INSTITUTION OF HIGHER EDUCATION " MEANS A STATE1
INSTITUTION OF HIGHER EDUCATION , AS DEFINED IN SECTION 23-18-1022
(10)(a),
OR AN ACCREDITED CAMPUS OF A STATE INSTITUTION OF HIGHER3
EDUCATION; A PARTICIPATING PRIVATE INSTITUTION OF HIGHER4
EDUCATION, AS DEFINED IN SECTION 23-18-102 (8); A LOCAL DISTRICT5
COLLEGE, AS DEFINED IN SECTION 23-71-102 (1)(a); AND AN AREA6
TECHNICAL COLLEGE, AS DEFINED IN SECTION 23-60-103 (1).7
23-79-102. Students with disabilities - report. (1) B
EGINNING8
IN
2024, AND EVERY YEAR THEREAFTER , THE DEPARTMENT SHALL9
INCLUDE AS PART OF ITS "STATE MEASUREMENT FOR ACCOUNTABLE,10
R
ESPONSIVE, AND TRANSPARENT (SMART) GOVERNMENT ACT" HEARING11
REQUIRED BY SECTION 2-7-203 THE FOLLOWING AVAILABLE DATA ,12
GATHERED BY THE DEPARTMENT IN COLLABORATION WITH INSTITUTIONS13
OF HIGHER EDUCATION:14
(a) T
HE NUMBER OF STUDENTS ENROLLED AT AN INSTITUTION OF15
HIGHER EDUCATION WHO IDENTIFY AS HAVING A DISABILITY , REPORTED16
FOR THE STATE AS A WHOLE AND FOR EACH INSTITUTION OF HIGHER17
EDUCATION, IN TOTAL AND DISAGGREGATED BY RACE , ETHNICITY,18
FIRST-GENERATION STATUS, FEDERAL PELL GRANT ELIGIBILITY, AND19
MILITARY STATUS;20
(b) T
HE NUMBER OF STUDENTS WITH A DISABILITY WHO RECEIVE21
A SERVICE, SUPPORT, OR ACCOMMODATION FROM THE INSTITUTION OF22
HIGHER EDUCATION THAT IS RELATED TO THE STUDENT 'S DISABILITY,23
REPORTED FOR THE STATE AS A WHOLE AND FOR EACH INSTITUTION OF24
HIGHER EDUCATION, IN TOTAL AND DISAGGREGATED BY RACE, ETHNICITY,25
FIRST-GENERATION STATUS, FEDERAL PELL GRANT ELIGIBILITY, AND26
MILITARY STATUS;27
1255
-4- (c) THE NUMBER OF STUDENTS WITH A DISABILITY WHO1
CONTINUED ENROLLMENT IN AN INSTITUTION OF HIGHER EDUCATION IN A2
SUBSEQUENT ACADEMIC YEAR , REPORTED FOR THE STATE AS A WHOLE3
AND FOR EACH INSTITUTION OF HIGHER EDUCATION , IN TOTAL AND4
DISAGGREGATED BY RACE , ETHNICITY, FIRST-GENERATION STATUS,5
FEDERAL PELL GRANT ELIGIBILITY, AND MILITARY STATUS;6
(d) T
HE NUMBER OF STUDENTS WITH A DISABILITY WHO7
GRADUATED FROM AN INSTITUTION OF HIGHER EDUCATION , REPORTED FOR8
THE STATE AS A WHOLE AND FOR EACH INSTITUTION OF HIGHER9
EDUCATION, IN TOTAL AND DISAGGREGATED BY RACE , ETHNICITY,10
FIRST-GENERATION STATUS, FEDERAL PELL GRANT ELIGIBILITY, AND11
MILITARY STATUS;12
(e) T
HE NUMBER OF STUDENTS WITH A DISABILITY WHO RECEIVE13
A SERVICE OR SUPPORT FROM THE DIVISION OF VOCATIONAL14
REHABILITATION IN THE DEPARTMENT OF LABOR AND EMPLOYMENT AT15
THE INSTITUTION OF HIGHER EDUCATION THAT IS RELATED TO THE16
STUDENT'S DISABILITY, REPORTED FOR THE STATE AS A WHOLE AND FOR17
EACH INSTITUTION OF HIGHER EDUCATION, IN TOTAL AND DISAGGREGATED18
BY RACE, ETHNICITY, FIRST-GENERATION STATUS, FEDERAL PELL GRANT19
ELIGIBILITY, AND MILITARY STATUS; AND20
(f) T
HE NUMBER OF STUDENTS WITH A DISABILITY WHO RECEIVED21
A SERVICE OR SUPPORT FROM THE DIVISION OF VOCATIONAL22
REHABILITATION IN THE DEPARTMENT OF LABOR AND EMPLOYMENT AT23
THE INSTITUTION OF HIGHER EDUCATION THAT IS RELATED TO THE24
STUDENT'S DISABILITY AND GRADUATED FROM THE INSTITUTION OF25
HIGHER EDUCATION, REPORTED FOR THE STATE AS A WHOLE AND FOR EACH26
INSTITUTION OF HIGHER EDUCATION, IN TOTAL AND DISAGGREGATED BY27
1255
-5- RACE, ETHNICITY, FIRST-GENERATION STATUS, FEDERAL PELL GRANT1
ELIGIBILITY, AND MILITARY STATUS.2
23-79-103. Postsecondary services advisory committee -3
creation - appointment - duties - report - repeal. (1) T
HERE IS4
CREATED IN THE DEPARTMENT THE POSTSECONDARY SERVICES ADVISORY5
COMMITTEE, REFERRED TO IN THIS SECTION AS THE "COMMITTEE", FOR THE6
PURPOSE OF MAKING RECOMMENDATIONS TO INSTITUTIONS OF HIGHER7
EDUCATION AND THE GENERAL ASSEMBLY CONCERNING NECESSARY8
SERVICES AND BEST PRACTICES TO IMPROVE SUCCESSFUL OUTCOMES FOR9
STUDENTS WITH DISABILITIES AT INSTITUTIONS OF HIGHER EDUCATION .10
(2) (a) T
HE COMMITTEE CONSISTS OF
FIFTEEN MEMBERS APPOINTED11
BY THE DEPARTMENT'S EXECUTIVE DIRECTOR, AS FOLLOWS:12
(I) T
WO MEMBERS WHO ARE RESPONSIBLE FOR DISABILITY OR13
ACCESSIBILITY SERVICES AT BACCALAUREATE - AND14
GRADUATE-AWARDING INSTITUTIONS OF HIGHER EDUCATION ;15
(II) O
NE MEMBER WHO IS RESPONSIBLE FOR DISABILITY OR16
ACCESSIBILITY SERVICES AT A COMMUNITY COLLEGE ;17
(III) O
NE MEMBER WHO IS RESPONSIBLE FOR DISABILITY OR18
ACCESSIBILITY SERVICES AT AN AREA TECHNICAL COLLEGE ;19
(IV) O
NE MEMBER WHO IS A CHIEF ACADEMIC OFFICER , OR A CHIEF20
ACADEMIC OFFICER'S DESIGNEE, FROM AN INSTITUTION OF HIGHER21
EDUCATION;22
(V) O
NE MEMBER WITH EXPERTISE IN FEDERAL AND STATE23
DISABILITIES LAWS AND THE LAWS' APPLICABILITY TO INSTITUTIONS OF24
HIGHER EDUCATION;25
(VI) O
NE MEMBER WHO IS RESPONSIBLE FOR ACTIVE DUTY AND26
VETERAN AFFAIRS SERVICES AT AN INSTITUTION OF HIGHER EDUCATION ;27
1255
-6- (VII) ONE MEMBER WHO IS A REGISTRAR , OR A REGISTRAR'S1
DESIGNEE, FROM AN INSTITUTION OF HIGHER EDUCATION ;2
3
(VIII) ONE MEMBER WHO REPRESENTS THE OFFICE OF SPECIAL4
EDUCATION IN THE DEPARTMENT OF EDUCATION ;5
(IX) ONE MEMBER WHO IDENTIFIES AS HAVING A DISABILITY AND6
IS A CURRENT STUDENT OR RECENT GRADUATE OF AN INSTITUTION OF7
HIGHER EDUCATION;8
(X) ONE MEMBER WHO REPRESENTS AN ORGANIZATION PROVIDING9
EMPLOYMENT TRAINING AND SUPPORT TO PERSONS WITH DISABILITIES ;10
(XI) TWO MEMBERS WHO EACH REPRESENT A COMMUNITY OR11
NONPROFIT ORGANIZATION THAT SERVES INDIVI DUALS WITH DISABILITIES ;12
(XII) ONE MEMBER WHO IS RESPONSIBLE FOR ACCESSIBLE13
ELECTRONIC INFORMATION AND TECHNOL OGY AT AN INSTITUTION OF14
HIGHER EDUCATION; AND15
(XIII) ONE MEMBER WHO REPRESENTS THE DIVISION OF16
VOCATIONAL REHABILITATION IN THE DEPARTMENT OF LABOR AND17
EMPLOYMENT. 18
(b) T
HE DEPARTMENT'S EXECUTIVE DIRECTOR SHALL , TO THE19
EXTENT PRACTICABLE, APPOINT TO THE COMMITTEE MEMBERS WHO20
IDENTIFY AS HAVING A DISABILITY.21
(c) T
HE DEPARTMENT'S EXECUTIVE DIRECTOR SHALL MAKE THE22
INITIAL APPOINTMENTS TO THE COMMITTEE NO LATER THAN SEPTEMBER23
30,
2022.24
(3) E
ACH MEMBER OF THE COMMITTEE WHO IS APPOINTED25
PURSUANT TO SUBSECTION (2) OF THIS SECTION SERVES AT THE PLEASURE26
OF THE DEPARTMENT'S EXECUTIVE DIRECTOR. THE TERM OF APPOINTMENT27
1255
-7- IS UNTIL JUNE 30, 2024.1
(4) T
HE MEMBERS OF THE COMMITTEE SERVE WITHOUT2
COMPENSATION AND WITHOUT REIMBURSEMENT FOR EXPENSES .3
(5) T
HE COMMITTEE SHALL EXAMINE THE FOLLOWING ISSUES ,4
INCLUDING, BUT NOT LIMITED TO:5
(a) P
OSTSECONDARY OUTCOMES FOR STUDENTS WITH DISABILITIES ,6
AND WHETHER OUTCOMES ARE ALSO AFFECTED BY A STUDENT WITH A7
DISABILITY'S RACE, ETHNICITY, FEDERAL PELL GRANT ELIGIBILITY, SEX,8
GENDER EXPRESSION, OR MILITARY STATUS;
9
(b) T
HE ABILITY FOR INSTITUTIONS OF HIGHER EDUCATION TO10
IMPLEMENT SERVICES AND BEST PRACTICES THAT EXCEED THE MINIMUM11
REQUIREMENTS OF FEDERAL AND STATE LAWS FOR STUDENTS WITH12DISABILITIES; AND13
(c) THE AVAILABILITY OF FINANCIAL ASSISTANCE FOR STUDENTS14
WITH DISABILITIES.15
(6) O
N OR BEFORE JUNE 15, 2023, AND ON OR BEFORE JUNE 14,16
2024,
THE COMMITTEE SHALL COMPLETE AND SUBMIT A REPORT TO THE17
EDUCATION COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND THE18
SENATE, OR ANY SUCCESSOR COMMITTEES . THE REPORT MUST INCLUDE:19
(a) A
DESCRIPTION OF THE COMMITTEE'S FINDINGS PURSUANT TO20
SUBSECTION (5) OF THIS SECTION; AND21
(b) R
ECOMMENDATIONS FOR RESOURCES , STATUTORY CHANGES,22
DEPARTMENT POLICY CHANGES , OR INSTITUTION OF HIGHER EDUCATION23
POLICY CHANGES THAT ARE NECESSARY TO IMPROVE SUCCESSFUL24
OUTCOMES FOR STUDENTS WITH DISABILITIES AT INSTITUTIONS OF HIGHER25
EDUCATION.26
(7) T
HIS SECTION IS REPEALED, EFFECTIVE JUNE 30, 2024.27
1255
-8- SECTION 3. Safety clause. The general assembly hereby finds,1
determines, and declares that this act is necessary for the immediate2
preservation of the public peace, health, or safety.3
1255
-9-