HOUSE BILL 22-1255
BY REPRESENTATIVE(S) Ortiz and Bradfield, Larson, Amabile, Bacon,
Benavidez, Bernett, Bird, Boesenecker, Caraveo, Cutter, Duran, Esgar,
Exum, Froelich, Gonzales-Gutierrez, Gray, Herod, Jodeh, Kennedy, Kipp,
Lontine, McCluskie, McCormick, McKean, McLachlan, Michaelson Jenet,
Roberts, Sirota, Snyder, Titone, Valdez A., Valdez D., Weissman,
Woodrow, Young, Garnett;
also SENATOR(S) Zenzinger and Kirkmeyer, Bridges, Buckner, Cooke,
Coram, Danielson, Donovan, Fields, Gardner, Ginal, Gonzales, Hinrichsen,
Hisey, Holbert, Jaquez Lewis, Kolker, Liston, Moreno, Pettersen, Priola,
Rankin, Rodriguez, Scott, Simpson, Smallwood, Sonnenberg, Story, Winter,
Woodward, Fenberg.
C
ONCERNING MEASURES TO IMPROVE POSTSECONDARY EDUCATION
OUTCOMES FOR STUDENTS WITH A DISABILITY
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. (1) The general assembly
finds that:
(a) According to a 2013 report from the Georgetown University
Center on Education and the Workforce, approximately seventy-five percent
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. of jobs in Colorado require postsecondary education, while only
approximately sixty-one percent of adults in Colorado have earned a degree
or certificate;
(b) According to a 2011 longitudinal study funded by the United
States Department of Education, national completion rates for students with
disabilities in postsecondary education was thirty-eight percent compared
to fifty-one percent for students without a reported disability;
(c) According to a 2019 report from Colorado State University,
students who receive appropriate disability support services and
accommodations experience better academic outcomes that support
post-graduate employment;
(d) To ensure the economic vitality of Colorado, every industry
needs access to a skilled workforce, and every Coloradan needs access to
sustainable employment;
(e) The statewide implementation of universal and inclusive
services, supports, and accommodations for students with disabilities can
greatly improve cost efficiencies for institutions of higher education,
improve access and successful outcomes for all students, and sustain the
workforce and economic vitality of Colorado;
(f) Students with disabilities must be recognized for who they are
and supported to address their needs most effectively; and
(g) Colorado does not have statewide data to examine the
postsecondary outcomes for students with disabilities, and the lack of
information prevents Colorado from connecting students with disabilities
to the workforce.
(2) Therefore, the general assembly declares that in order to meet
the economic demands of Colorado, it is essential to collect significant data
and examine the postsecondary services, supports, and accommodations
necessary for students with disabilities to improve postsecondary education
and career outcomes.
SECTION 2. In Colorado Revised Statutes, add article 79 to title
23 as follows:
PAGE 2-HOUSE BILL 22-1255 ARTICLE 79
Improve Postsecondary Education for
Students with Disabilities
23-79-101. Definitions. A
S USED IN THIS ARTICLE 79, UNLESS THE
CONTEXT OTHERWISE REQUIRES
:
(1) "D
EPARTMENT" MEANS THE DEPARTMENT OF HIGHER EDUCATION
CREATED AND EXISTING PURSUANT TO SECTION
24-1-114.
(2) "D
ISABILITY" HAS THE SAME MEANING AS SET FORTH IN THE
FEDERAL
"AMERICANS WITH DISABILITIES ACT OF 1990", 42 U.S.C. SEC.
12101
ET SEQ., AND ITS RELATED AMENDMENTS AND IMPLEMENTING
REGULATIONS
.
(3) "I
NSTITUTION OF HIGHER EDUCATION " MEANS A STATE
INSTITUTION OF HIGHER EDUCATION
, AS DEFINED IN SECTION 23-18-102
(10)(a),
OR AN ACCREDITED CAMPUS OF A STATE INSTITUTION OF HIGHER
EDUCATION
; A PARTICIPATING PRIVATE INSTITUTION OF HIGHER EDUCATION,
AS DEFINED IN SECTION 23-18-102 (8); A LOCAL DISTRICT COLLEGE, AS
DEFINED IN SECTION
23-71-102 (1)(a); AND AN AREA TECHNICAL COLLEGE ,
AS DEFINED IN SECTION 23-60-103 (1).
23-79-102. Students with disabilities - report. (1) B
EGINNING IN
2024, AND EVERY YEAR THEREAFTER, THE DEPARTMENT SHALL INCLUDE AS
PART OF ITS
"STATE MEASUREMENT FOR ACCOUNTABLE, RESPONSIVE, AND
TRANSPARENT (SMART) GOVERNMENT ACT" HEARING REQUIRED BY
SECTION
2-7-203 THE FOLLOWING AVAILABLE DATA , GATHERED BY THE
DEPARTMENT IN COLLABORATION WITH INSTITUTIONS OF HIGHER
EDUCATION
:
(a) T
HE NUMBER OF STUDENTS ENROLLED AT AN INSTITUTION OF
HIGHER EDUCATION WHO IDENTIFY AS HAVING A DISABILITY
, REPORTED FOR
THE STATE AS A WHOLE AND FOR EACH INSTITUTION OF HIGHER EDUCATION
,
IN TOTAL AND DISAGGREGATED BY RACE , ETHNICITY, FIRST-GENERATION
STATUS
, FEDERAL PELL GRANT ELIGIBILITY, AND MILITARY STATUS;
(b) T
HE NUMBER OF STUDENTS WITH A DISABILITY WHO RECEIVE A
SERVICE
, SUPPORT, OR ACCOMMODATION FROM THE INSTITUTION OF HIGHER
EDUCATION THAT IS RELATED TO THE STUDENT
'S DISABILITY, REPORTED FOR
PAGE 3-HOUSE BILL 22-1255 THE STATE AS A WHOLE AND FOR EACH INSTITUTION OF HIGHER EDUCATION ,
IN TOTAL AND DISAGGREGATED BY RACE , ETHNICITY, FIRST-GENERATION
STATUS
, FEDERAL PELL GRANT ELIGIBILITY, AND MILITARY STATUS;
(c) T
HE NUMBER OF STUDENTS WITH A DISABILITY WHO CONTINUED
ENROLLMENT IN AN INSTITUTION OF HIGHER EDUCATION IN A SUBSEQUENT
ACADEMIC YEAR
, REPORTED FOR THE STATE AS A WHOLE AND FOR EACH
INSTITUTION OF HIGHER EDUCATION
, IN TOTAL AND DISAGGREGATED BY
RACE
, ETHNICITY, FIRST-GENERATION STATUS, FEDERAL PELL GRANT
ELIGIBILITY
, AND MILITARY STATUS;
(d) T
HE NUMBER OF STUDENTS WITH A DISABILITY WHO GRADUATED
FROM AN INSTITUTION OF HIGHER EDUCATION
, REPORTED FOR THE STATE AS
A WHOLE AND FOR EACH INSTITUTION OF HIGHER EDUCATION
, IN TOTAL AND
DISAGGREGATED BY RACE
, ETHNICITY, FIRST-GENERATION STATUS, FEDERAL
PELL GRANT ELIGIBILITY, AND MILITARY STATUS;
(e) T
HE NUMBER OF STUDENTS WITH A DISABILITY WHO RECEIVE A
SERVICE OR SUPPORT FROM THE DIVISION OF VOCATIONAL REHABILITATION
IN THE DEPARTMENT OF LABOR AND EMPLOYMENT AT THE INSTITUTION OF
HIGHER EDUCATION THAT IS RELATED TO THE STUDENT
'S DISABILITY,
REPORTED FOR THE STATE AS A WHOLE AND FOR EACH INSTITUTION OF
HIGHER EDUCATION
, IN TOTAL AND DISAGGREGATED BY RACE , ETHNICITY,
FIRST-GENERATION STATUS, FEDERAL PELL GRANT ELIGIBILITY, AND
MILITARY STATUS
; AND
(f) THE NUMBER OF STUDENTS WITH A DISABILITY WHO RECEIVED A
SERVICE OR SUPPORT FROM THE DIVISION OF VOCATIONAL REHABILITATION
IN THE DEPARTMENT OF LABOR AND EMPLOYMENT AT THE INSTITUTION OF
HIGHER EDUCATION THAT IS RELATED TO THE STUDENT
'S DISABILITY AND
GRADUATED FROM THE INSTITUTION OF HIGHER EDUCATION
, REPORTED FOR
THE STATE AS A WHOLE AND FOR EACH INSTITUTION OF HIGHER EDUCATION
,
IN TOTAL AND DISAGGREGATED BY RACE , ETHNICITY, FIRST-GENERATION
STATUS
, FEDERAL PELL GRANT ELIGIBILITY, AND MILITARY STATUS.
23-79-103. Postsecondary services advisory committee - creation
- appointment - duties - report - repeal. (1) T
HERE IS CREATED IN THE
DEPARTMENT THE POSTSECONDARY SERVICES ADVISORY COMMITTEE
,
REFERRED TO IN THIS SECTION AS THE "COMMITTEE", FOR THE PURPOSE OF
MAKING RECOMMENDATIONS TO INSTITUTIONS OF HIGHER EDUCATION AND
PAGE 4-HOUSE BILL 22-1255 THE GENERAL ASSEMBLY CONCERNING NECESSARY SERVICES AND BEST
PRACTICES TO IMPROVE SUCCESSFUL OUTCOMES FOR STUDENTS WITH
DISABILITIES AT INSTITUTIONS OF HIGHER EDUCATION
.
(2) (a) T
HE COMMITTEE CONSISTS OF FIFTEEN MEMBERS APPOINTED
BY THE DEPARTMENT
'S EXECUTIVE DIRECTOR, AS FOLLOWS:
(I) T
WO MEMBERS WHO ARE RESPONSIBLE FOR DISABILITY OR
ACCESSIBILITY SERVICES AT BACCALAUREATE
- AND GRADUATE-AWARDING
INSTITUTIONS OF HIGHER EDUCATION
;
(II) O
NE MEMBER WHO IS RESPONSIBLE FOR DISABILITY OR
ACCESSIBILITY SERVICES AT A COMMUNITY COLLEGE
;
(III) O
NE MEMBER WHO IS RESPONSIBLE FOR DISABILITY OR
ACCESSIBILITY SERVICES AT AN AREA TECHNICAL COLLEGE
;
(IV) O
NE MEMBER WHO IS A CHIEF ACADEMIC OFFICER , OR A CHIEF
ACADEMIC OFFICER
'S DESIGNEE, FROM AN INSTITUTION OF HIGHER
EDUCATION
;
(V) O
NE MEMBER WITH EXPERTISE IN FEDERAL AND STATE
DISABILITIES LAWS AND THE LAWS
' APPLICABILITY TO INSTITUTIONS OF
HIGHER EDUCATION
;
(VI) O
NE MEMBER WHO IS RESPONSIBLE FOR ACTIVE DUTY AND
VETERAN AFFAIRS SERVICES AT AN INSTITUTION OF HIGHER EDUCATION
;
(VII) O
NE MEMBER WHO IS A REGISTRAR , OR A REGISTRAR'S
DESIGNEE
, FROM AN INSTITUTION OF HIGHER EDUCATION ;
(VIII) O
NE MEMBER WHO REPRESENTS THE OFFICE OF SPECIAL
EDUCATION IN THE DEPARTMENT OF EDUCATION
;
(IX) O
NE MEMBER WHO IDENTIFIES AS HAVING A DISABILITY AND IS
A CURRENT STUDENT OR RECENT GRADUATE OF AN INSTITUTION OF HIGHER
EDUCATION
;
(X) O
NE MEMBER WHO REPRESENTS AN ORGANIZATION PROVIDING
EMPLOYMENT TRAINING AND SUPPORT TO PERSONS WITH DISABILITIES
;
PAGE 5-HOUSE BILL 22-1255 (XI) TWO MEMBERS WHO EACH REPRESENT A COMMUNITY OR
NONPROFIT ORGANIZATION THAT SERVES INDIVIDUALS WITH DISABILITIES
;
(XII) O
NE MEMBER WHO IS RESPONSIBLE FOR ACCESSIBLE
ELECTRONIC INFORMATION AND TEC HNOLOGY AT AN INSTITUTION OF HIGHER
EDUCATION
; AND
(XIII) ONE MEMBER WHO REPRESENTS THE DIVISION OF VOCATIONAL
REHABILITATION IN THE DEPARTMENT OF LABOR AND EMPLOYMENT
.
(b) T
HE DEPARTMENT'S EXECUTIVE DIRECTOR SHALL, TO THE EXTENT
PRACTICABLE
, APPOINT TO THE COMMITTEE MEMBERS WHO IDENTIFY AS
HAVING A DISABILITY
.
(c) T
HE DEPARTMENT'S EXECUTIVE DIRECTOR SHALL MAKE THE
INITIAL APPOINTMENTS TO THE COMMITTEE NO LATER THAN
SEPTEMBER 30,
2022.
(3) E
ACH MEMBER OF THE COMMITTEE WHO IS APPOINTED PURSUANT
TO SUBSECTION
(2) OF THIS SECTION SERVES AT THE PLEASURE OF THE
DEPARTMENT
'S EXECUTIVE DIRECTOR. THE TERM OF APPOINTMENT IS UNTIL
JUNE 30, 2024.
(4) T
HE MEMBERS OF THE COMMITTEE SERVE WITHOUT
COMPENSATION AND WITHOUT REIMBURSEMENT FOR EXPENSES
.
(5) T
HE COMMITTEE SHALL EXAMINE THE FOLLOWING ISSUES ,
INCLUDING, BUT NOT LIMITED TO:
(a) P
OSTSECONDARY OUTCOMES FOR STUDENTS WITH DISABILITIES ,
AND WHETHER OUTCOMES ARE ALSO AFFECTED BY A STUDENT WITH A
DISABILITY
'S RACE, ETHNICITY, FEDERAL PELL GRANT ELIGIBILITY, SEX,
GENDER EXPRESSION, OR MILITARY STATUS;
(b) T
HE ABILITY FOR INSTITUTIONS OF HIGHER EDUCATION TO
IMPLEMENT SERVICES AND BEST PRACTICES THAT EXCEED THE MINIMUM
REQUIREMENTS OF FEDERAL AND STATE LAWS FOR STUDENTS WITH
DISABILITIES
; AND
(c) THE AVAILABILITY OF FINANCIAL ASSISTANCE FOR STUDENTS
PAGE 6-HOUSE BILL 22-1255 WITH DISABILITIES.
(6) O
N OR BEFORE JUNE 15, 2023, AND ON OR BEFORE JUNE 14, 2024,
THE COMMITTEE SHALL COMPLETE AND SUBMIT A REPORT TO THE
EDUCATION COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND THE
SENATE
, OR ANY SUCCESSOR COMMITTEES . THE REPORT MUST INCLUDE:
(a) A
DESCRIPTION OF THE COMMITTEE 'S FINDINGS PURSUANT TO
SUBSECTION
(5) OF THIS SECTION; AND
(b) RECOMMENDATIONS FOR RESOURCES , STATUTORY CHANGES ,
DEPARTMENT POLICY CHANGES , OR INSTITUTION OF HIGHER EDUCATION
POLICY CHANGES THAT ARE NECESSARY TO IMPROVE SUCCESSFUL OUTCOMES
FOR STUDENTS WITH DISABILITIES AT INSTITUTIONS OF HIGHER EDUCATION
.
(7) T
HIS SECTION IS REPEALED, EFFECTIVE JUNE 30, 2024.
SECTION 3. Safety clause. The general assembly hereby finds,
PAGE 7-HOUSE BILL 22-1255 determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Alec Garnett Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 8-HOUSE BILL 22-1255