First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 25-0686.01 Jacob Baus x2173
HOUSE BILL 25-1152
House Committees Senate Committees
Education 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
SENATE
3rd Reading Unamended
April 4, 2025
SENATE
Amended 2nd Reading
April 3, 2025
HOUSE
3rd Reading Unamended
February 10, 2025
HOUSE
2nd Reading Unamended
February 7, 2025
HOUSE SPONSORSHIP
Garcia Sander and Lukens, Bacon, Clifford, Duran, Lieder, McCluskie, Phillips, Soper,
Stewart K., Titone
SENATE SPONSORSHIP
Marchman and Kirkmeyer, Coleman, Cutter, Exum, Gonzales J., Jodeh, Michaelson
Jenet, Snyder
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. In Colorado Revised Statutes, 24-85-104, add (5)
13
as follows:14
24-85-104. Procurement requirements - criteria -15
implementation - contract terms - definitions. (5) (a) A
S USED IN THIS
16
SUBSECTION (5), UNLESS THE CONTEXT OTHERWISE REQUIRES :17
(I) "C
ONTRACTOR" MEANS ANY PERSON HAVING A CONTRACT OR
18
AGREEMENT WITH A STATE AGENCY OR PUBLIC ENTITY , EXCLUDING19
ANOTHER COLORADO STATE AGENCY , PUBLIC ENTITY, OR EMPLOYEE20
THEREOF.21
(II) "P
UBLIC ENTITY" HAS THE SAME MEANING SET FORTH IN
22
SECTION 24-34-301.23
(b) (I) A
CONTRACT OR AGREEMENT THAT IS ENTERED INTO
24
BETWEEN A STATE AGENCY OR PUBLIC ENTITY AND A CONTRACTOR MUST25
INCLUDE PROVISIONS PROVIDED IN SUBSECTION (5)(c) OF THIS SECTION,26
AND IF SUCH PROVISIONS ARE OMITTED, THE CONTRACT OR AGREEMENT IS27
1152
-3- DEEMED TO INCLUDE PROVISIONS PROVIDED IN SUBSECTION (5)(c) OF THIS1
SECTION, IF THE PRIMARY PURPOSE OF THE CONTRACT IS TO ACQUIRE2
SUPPLIES OR SERVICES, CONSTRUCTION, OR THE DISPOSAL OF SUPPLIES FOR3
THE BENEFIT OF THE STATE AGENCY OR PUBLIC ENTITY .4
(II) N
OTWITHSTANDING SUBSECTION (5)(b)(I) OF THIS SECTION,
5
THIS SUBSECTION (5) DOES NOT APPLY TO PUBLIC SCHOOL CONTRACTS6
DESCRIBED IN SECTION 22-1-135, OR CONTRACTS OR AGREEMENTS FOR7
PROFESSIONAL SERVICES AS DEFINED IN SECTION 24-30-1402. 8
(c) (I) T
HE CONTRACTOR SHALL COMPLY WITH THE ACCESSIBILITY
9
STANDARDS FOR AN INDIVIDUAL WITH A DISABILITY ADOPTED BY THE10
OFFICE OF INFORMATION TECHNOLOGY PURSUANT TO SECTION 24-85-103.11
(II) T
HE CONTRACTOR SHALL INDEMNIFY , HOLD HARMLESS, AND
12
ASSUME LIABILITY ON BEHALF OF THE STATE AGENCY OR PUBLIC ENTITY ,13
AND THE STATE AGENCY'S OR PUBLIC ENTITY'S OFFICERS, EMPLOYEES, AND14
AGENTS, FOR ALL COSTS, EXPENSES, CLAIMS, DAMAGES, LIABILITIES,15
COURT AWARDS, ATTORNEY FEES AND RELATED COSTS , AND ANY OTHER16
AMOUNTS INCURRED BY THE STATE AGENCY OR PUBLIC ENTITY IN17
RELATION TO THE CONTRACTOR 'S NONCOMPLIANCE WITH THE18
ACCESSIBILITY STANDARDS FOR AN INDIVIDUAL WITH A DISABILITY19
ADOPTED BY THE OFFICE OF INFORMATION TECHNOLOGY PURSUANT TO20
SECTION 24-85-103.21
(d) T
HE STATE AGENCY OR PUBLIC ENTITY MAY REQUIRE THAT THE
22
CONTRACTOR'S COMPLIANCE WITH ACCESSIBILITY STANDARDS FOR AN23
INDIVIDUAL WITH A DISABILITY ADOPTED BY THE OFFICE OF INFORMATION24
TECHNOLOGY PURSUANT TO SECTION 24-85-103 IS DETERMINED AND25
ATTESTED TO BY A QUALIFIED THIRD PARTY SELECTED BY THE STATE26
AGENCY OR PUBLIC ENTITY.27
1152
-4- SECTION 3. Applicability. This act applies to contracts or1
agreements entered into, amended, or renewed on or after the effective2
date of this act.3
SECTION 4. Act subject to petition - effective date. This act4
takes effect at 12:01 a.m. on the day following the expiration of the5
ninety-day period after final adjournment of the general assembly; except6
that, if a referendum petition is filed pursuant to section 1 (3) of article V7
of the state constitution against this act or an item, section, or part of this8
act within such period, then the act, item, section, or part will not take9
effect unless approved by the people at the general election to be held in10
November 2026 and, in such case, will take effect on the date of the11
official declaration of the vote thereon by the governor.12
1152
-5-