First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 25-0372.01 Alana Rosen x2606
SENATE BILL 25-087
Senate Committees House Committees
Education
A BILL FOR AN ACT
C
ONCERNING ESTABLISHING ACADEMI C ADJUSTMENTS FOR STUDENTS101
WITH DISABILITIES IN INSTITUTIONS OF HIGHER EDUCATION .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 each institution of higher education (institution)
in Colorado to create and adopt a policy and a process to support the
ability of a student with a disability (student) to self-disclose the student's
disability so the student can receive an academic adjustment from the
institution.
The adopted policy must, at a minimum, include information that:
SENATE SPONSORSHIP
Marchman,
HOUSE SPONSORSHIP
Stewart R. and Brooks,
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. ! Describes the institution's process to determine whether a
student is eligible for an academic adjustment;
! Outlines documentation that the institution may request to
determine whether a student is eligible for an academic
adjustment;
! Provides information on the available disability resources
and academic adjustments provided to students with
disabilities; and
! Describes a grievance procedure for students who dispute
a decision made by the institution.
Each institution shall distribute the policy in an accessible format
to applicants, students, parents, and faculty. The institution shall make the
policy available:
! During the student application process;
! During student orientation;
! In academic catalogues; and
! On the institution's website.
The bill describes the documentation that an admitted or enrolled
student may submit to an institution to request an academic adjustment.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add part 2 to article2
1 of title 23 as follows:3
PART 24
ACADEMIC ADJUSTMENTS5
IN HIGHER EDUCATION FOR6
STUDENTS WITH DISABILITIES7
23-1-201. Definitions. A
S USED IN THIS PART 2, UNLESS THE8
CONTEXT OTHERWISE REQUIRES :9
(1) "A
CADEMIC ADJUSTMENT " HAS THE SAME MEANING AS SET10
FORTH IN 34 C.F.R. SEC. 104.44.11
(2) "A
MERICANS WITH DISABILITIES ACT OF 1990" OR "ADA"12
MEANS THE FEDERAL "AMERICANS WITH DISABILITIES ACT OF 1990", 4213
U.S.C.
SEC. 12101 ET SEQ.14
SB25-087-2- (3) "INDIVIDUALIZED EDUCATION PROGRAM " OR "IEP" MEANS A1
WRITTEN STATEMENT FOR A STUDENT WITH A DISABILITY THAT IS2
DEVELOPED, REVIEWED, AND REVISED IN ACCORDANCE WITH THE FEDERAL3
"I
NDIVIDUALS WITH DISABILITIES EDUCATION ACT", 20 U.S.C. SEC. 14004
ET SEQ.5
(4) "I
NSTITUTION OF HIGHER EDUCATION " MEANS A STATE6
INSTITUTION OF HIGHER EDUCATION, AS DEFINED IN SECTION 23-18-102,7
OR AN ACCREDITED CAMPUS OF A STATE INSTITUTION OF HIGHER8
EDUCATION; A PRIVATE INSTITUTION OF HIGHER EDUCATION, AS DEFINED9
IN SECTION 23-18-102, THAT RECEIVES FEDERAL FUNDING ; A LOCAL10
DISTRICT COLLEGE, AS DEFINED IN SECTION 23-71-102; OR AN AREA11
TECHNICAL COLLEGE, AS DEFINED IN SECTION 23-60-103.12
(5) "L
OCAL EDUCATION PROVIDER" MEANS A SCHOOL DISTRICT, A13
CHARTER SCHOOL AUTHORIZED PURSUANT TO PART 1 OF ARTICLE 30.5 OF14
TITLE 22, AN INSTITUTE CHARTER SCHOOL AUTHORIZED BY THE STATE15
CHARTER SCHOOL INSTITUTE PURSUANT TO PART 5 OF ARTICLE 30.5 OF16
TITLE 22, A BOARD OF COOPERATIVE SERVICES CREATED AND OPERATING17
PURSUANT TO ARTICLE 5 OF TITLE 22, A PUBLIC AUTHORITY OR BOARD OF18
EDUCATION MANAGING A PUBLIC SCHOOL IN ANOTHER STATE , OR A19
FACILITY SCHOOL APPROVED PURSUANT TO SECTION 22-2-407.20
(6) "S
ECTION 504" MEANS SECTION 504 OF THE FEDERAL21
"R
EHABILITATION ACT OF 1973", 29 U.S.C. SEC. 701 ET SEQ.22
(7) "S
ECTION 504 PLAN" MEANS A PLAN ESTABLISHED PURSUANT23
TO SECTION 504 THAT PROVIDES GUIDANCE AND SUPPORT FOR A STUDENT24
WITH A DISABILITY.25
(8) "S
TATE EDUCATION AGENCY " MEANS THE DEPARTMENT OF26
EDUCATION CREATED IN SECTION 24-1-115 OR AN AGENCY PRIMARILY27
SB25-087
-3- RESPONSIBLE FOR THE STATE SUPERVISION OF PUBLIC ELEMENTARY1
SCHOOLS AND SECONDARY SCHOOLS IN ANOTHER STATE .2
(9) "S
TUDENT WITH A DISABILITY" MEANS AN ADMITTED OR3
ENROLLED STUDENT WHO MEETS THE DEFINITION OF AN "INDIVIDUAL WITH4
A DISABILITY" PURSUANT TO THE FEDERAL "AMERICANS WITH5
D
ISABILITIES ACT OF 1990" OR PURSUANT TO SECTION 504.6
23-1-202. Policy - process - students with disabilities -7
dissemination of policy. (1) E
ACH INSTITUTION OF HIGHER EDUCATION8
SHALL CREATE AND ADOPT A POLICY AND A PROCESS TO SUPPORT THE9
ABILITY OF A STUDENT WITH A DISABILITY TO SELF -DISCLOSE THE10
STUDENT'S DISABILITY TO RECEIVE AN ACADEMIC ADJUSTMENT FROM THE11
INSTITUTION OF HIGHER EDUCATION.12
(2) T
HE POLICY CREATED AND ADOPTED PURS UANT TO SUBSECTION13
(1)
OF THIS SECTION MUST, AT A MINIMUM, INCLUDE INFORMATION THAT:14
(a) D
ESCRIBES THE PROCESS THE INSTITUTION OF HIGHER15
EDUCATION USES TO DETERMINE WHETHER A STUDENT IS ELIGIBLE FOR AN16
ACADEMIC ADJUSTMENT ;17
(b) O
UTLINES THE DOCUMENTATION DESCRIBED IN SECTION18
23-1-203
(2) THAT THE INSTITUTION OF HIGHER EDUCATION MAY REQUEST19
TO DETERMINE WHETHER A STUDENT IS ELIGIBLE FOR AN ACADEMIC20
ADJUSTMENT;21
(c) P
ROVIDES INFORMATION ON THE AVAILABLE DISABILITY22
RESOURCES AND ACADEMIC ADJUSTMENTS PROVIDED TO STUDENTS WITH23
DISABILITIES; AND24
(d) D
ESCRIBES A GRIEVANCE PROCEDURE FOR STUDENTS WHO25
DISPUTE A DECISION MADE BY THE INSTITUTION OF HIGHER EDUCATION26
RELATED TO A REQUEST FOR AN ACADEMIC ADJUSTMENT .27
SB25-087
-4- (3) EACH INSTITUTION OF HIGHER EDUCATION SHALL DISTRIBUTE1
THE POLICY TO APPLICANTS, STUDENTS, PARENTS, AND FACULTY IN AN2
ACCESSIBLE FORMAT. THE INSTITUTION OF HIGHER EDUCATION SHALL3
MAKE THE POLICY AVAILABLE:4
(a) D
URING THE STUDENT APPLICATION PROCESS ;5
(b) D
URING STUDENT ORIENTATION;6
(c) I
N ACADEMIC CATALOGUES ; AND7
(d) O
N THE INSTITUTION OF HIGHER EDUCATION 'S WEBSITE.8
23-1-203. Academic adjustments - documentation. (1) A
N9
INSTITUTION OF HIGHER EDUCATION MAY REQUEST DOCUMENTATION , AS10
DESCRIBED IN SUBSECTION (2) OF THIS SECTION, TO DETERMINE WHETHER11
A STUDENT WITH A DISABILITY IS ELIGIBLE FOR AN ACADEMIC12
ADJUSTMENT.13
(2) F
OR AN INSTITUTION OF HIGHER EDUCATION TO DETERMINE14
WHETHER A STUDENT WITH A DISABILITY IS ELIGIBLE FOR AN ACADEMIC15
ADJUSTMENT AS DESCRIBED IN SUBSECTION (1) OF THIS SECTION, A16
STUDENT WITH A DISABILITY MAY SUBMIT ONE OF THE FOLLOWING TO AN17
INSTITUTION OF HIGHER EDUCATION:18
(a) D
OCUMENTATION THAT THE STUDENT WITH A DISABILITY HAS19
OR HAD AN INDIVIDUALIZED EDUCATION PROGRAM THAT INCLUDES A20
STATED DISABILITY. THE INSTITUTION OF HIGHER EDUCATION MAY21
REQUEST ADDITIONAL DOCUMENTATION FROM THE STUDENT WITH A22
DISABILITY IF THE IEP WAS NOT IN EFFECT IMMEDIATELY BEFORE THE23
DATE THE STUDENT WITH A DISABILITY LEFT HIGH SCHOOL .24
(b) D
OCUMENTATION THAT THE STUDENT WITH A DISABILITY25
RECEIVED SERVICES OR REASONABLE ACCOMMODATIONS PURSUANT TO A26
SECTION 504 PLAN THAT INCLUDES A STATED DISABILITY . THE27
SB25-087
-5- INSTITUTION OF HIGHER EDUCATION MAY REQUEST ADDITIONAL1
DOCUMENTATION FROM THE STUDENT WITH A DISABILITY IF THE SECTION2
504
PLAN WAS NOT IN EFFECT IMMEDIATELY BEFORE THE DATE THE3
STUDENT WITH A DISABILITY LEFT HIGH SCHOOL .4
(c) D
OCUMENTATION OF A PLAN OR RECORD OF SERVICE FROM A5
PRIVATE SCHOOL, A LOCAL EDUCATION PROVIDER , AN INDIAN TRIBE OR6
TRIBAL ORGANIZATION, A STATE EDUCATION AGENCY, OR AN INSTITUTION7
OF HIGHER EDUCATION PROVIDED PURSUANT TO SECTION 504 OR IN8
ACCORDANCE WITH THE ADA;9
(d) D
OCUMENTATION OF A RECORD OR EVALUATION FROM A10
QUALIFIED HEALTH-CARE PROVIDER WHO IS KNOWLEDGEABLE ABOUT THE11
STUDENT WITH A DISABILITY THAT CONFIRMS THAT THE STUDENT HAS A12
DISABILITY;13
(e) D
OCUMENTATION OF A PLAN OR RECORD FROM ANOTHER14
INSTITUTION OF HIGHER EDUCATION THAT DETERMINED THE STUDENT15
WITH A DISABILITY WHO IS APPLYING FOR AN ACADEMIC ADJUSTMENT HAD16
A QUALIFYING DISABILITY;17
(f) D
OCUMENTATION OF A DISABILITY DUE TO MILITARY SERVICE ;18
OR19
(g) A
DDITIONAL INFORMATION FROM A QUALIFIED HEALTH -CARE20
PROVIDER WHO IS KNOWLEDGEABLE ABOUT THE STUDENT WITH A21
DISABILITY AND CAN CLARIFY THE NEED FOR AN ACADEMIC ADJUSTMENT22
THAT MAY NOT BE ADDRESSED IN SUBSECTIONS (2)(a) TO (2)(f) OF THIS23
SECTION.24
(3) A
N INSTITUTION OF HIGHER EDUCATION MAY ESTABLISH LESS25
BURDENSOME DOCUMENTATION CRITERIA TO DETERMINE WHETHER A26
STUDENT WITH A DISABILITY MAY RECEIVE AN ACADEMIC ADJUSTMENT .27
SB25-087
-6- SECTION 2. Act subject to petition - effective date. This act1
takes effect at 12:01 a.m. on the day following the expiration of the2
ninety-day period after final adjournment of the general assembly; except3
that, if a referendum petition is filed pursuant to section 1 (3) of article V4
of the state constitution against this act or an item, section, or part of this5
act within such period, then the act, item, section, or part will not take6
effect unless approved by the people at the general election to be held in7
November 2026 and, in such case, will take effect on the date of the8
official declaration of the vote thereon by the governor.9
SB25-087
-7-