First Regular Session Seventy-fifth General Assembly STATE OF COLORADO ENGROSSED This Version Includes All Amendments Adopted on Second Reading in the House of Introduction LLS NO. 25-0686.01 Jacob Baus x2173 HOUSE BILL 25-1152 House Committees Senate Committees Education A BILL FOR AN ACT C ONCERNING NONCOMPLIANCE WITH REQUIREMENTS REGARDING101 TECHNOLOGY ACCESSIBILITY FOR PERSONS WITH DISABILITIES102 WHEN THE NONCOMPLIANCE IS CAUSED BY A CONTRACTOR . 103 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 .) Under current law, certain provisions are required in a public school contract (contract), and if the provisions are omitted from a contract, the law deems that the provisions are automatically included in the contract. The bill clarifies that the list includes that a contractor is required to comply with accessibility standards for an individual with a HOUSE 2nd Reading Unamended February 7, 2025 HOUSE SPONSORSHIP Garcia Sander and Lukens, SENATE SPONSORSHIP Marchman 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 law. Dashes through the words or numbers indicate deletions from existing law. disability adopted by the office of information technology. The bill adds a provision to the list to require a contractor to indemnify, hold harmless, and assume liability on behalf of a public school contracting entity, the public school, and the public school's employees and agents, for all remedies for noncompliance with standards that ensure technology accessibility to persons with disabilities. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. In Colorado Revised Statutes, 22-1-135, amend2 (2)(d) introductory portion and (2)(d)(III); and add (2)(d)(II)(C),3 (2)(d)(IV), and (2)(e) as follows:4 22-1-135. Terms and conditions in public school contracts -5 definitions. (2) (d) A public school contract must include provisions, and6 if such provisions are nonetheless inadvertently or otherwise omitted,7 shall be THE CONTRACT IS deemed to include provisions that:8 (II) Require the contractor to comply with all applicable federal,9 state, and local laws, rules, and regulations in effect when the contract is10 executed or thereafter established, including, without limitation:11 (C) A CCESSIBILITY STANDARDS FOR AN INDIVIDUAL WITH A12 DISABILITY ADOPTED BY THE OFFICE OF INFORMATION TECHNOLOGY13 PURSUANT TO SECTION 24-85-103.14 (III) Require the contractor to perform its duties as an independent15 contractor, to pay when due all applicable employment taxes and income16 taxes for its employees incurred in the performance of the contract, and17 to provide and keep in force workers' compensation and unemployment18 compensation insurance in the amounts required by law; AND19 (IV) R EQUIRE THE CONTRACTOR TO INDEMNIFY , HOLD HARMLESS,20 AND ASSUME LIABILITY ON BEHALF OF THE PUBLIC SCHOOL CONTRACTING21 ENTITY, THE PUBLIC SCHOOL, AND THE PUBLIC SCHOOL'S EMPLOYEES AND22 1152-2- AGENTS, FOR ALL COSTS, EXPENSES, CLAIMS, DAMAGES, LIABILITIES,1 COURT AWARDS, ATTORNEY FEES AND RELATED COSTS , AND ANY OTHER2 AMOUNTS INCURRED BY A SCHOOL DISTRICT IN RELATION TO A3 CONTRACTOR'S NONCOMPLIANCE WITH ACCESSIBILITY STANDARDS FOR AN4 INDIVIDUAL WITH A DISABILITY ADOPTED BY THE OFFICE OF INFORMATION5 TECHNOLOGY PURSUANT TO SECTION 24-85-103.6 (e) A PUBLIC SCHOOL CONTRACTING ENTITY MAY REQUIRE THAT7 THE CONTRACTOR'S COMPLIANCE WITH ACCESSIBILITY STANDARDS FOR AN8 INDIVIDUAL WITH A DISABILITY ADOPTED BY THE OFFICE OF INFORMATION9 TECHNOLOGY PURSUANT TO SECTION 24-85-103 IS DETERMINED AND10 ATTESTED TO BY A QUALIFIED THIRD PARTY SELECTED BY THE PUBLIC11 SCHOOL CONTRACTING ENTITY .12 SECTION 2. Act subject to petition - effective date. This act13 takes effect at 12:01 a.m. on the day following the expiration of the14 ninety-day period after final adjournment of the general assembly; except15 that, if a referendum petition is filed pursuant to section 1 (3) of article V16 of the state constitution against this act or an item, section, or part of this17 act within such period, then the act, item, section, or part will not take18 effect unless approved by the people at the general election to be held in19 November 2026 and, in such case, will take effect on the date of the20 official declaration of the vote thereon by the governor.21 1152 -3-