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. 25-0372.01 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
Amended 2nd Reading
March 3, 2025
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 " MEANS MODIFICATIONS TO
10
ACADEMIC REQUIREMENTS TO ENSURE EQUAL EDUCATIONAL11
OPPORTUNITIES AND DOES NOT INCLUDE C HANGES THAT FUNDAMENTALLY12
ALTER THE CONTENT OF ACADEMIC PROGRAMS .13
(2) "A
MERICANS WITH DISABILITIES ACT OF 1990" OR "ADA"14
087-2- MEANS THE FEDERAL "AMERICANS WITH DISABILITIES ACT OF 1990", 421
U.S.C.
SEC. 12101 ET SEQ.2
(3) "I
NDIVIDUALIZED EDUCATION PROGRAM " OR "IEP" MEANS A3
WRITTEN STATEMENT FOR A STUDENT WITH A DISABILITY THAT IS4
DEVELOPED, REVIEWED, AND REVISED IN ACCORDANCE WITH THE FEDERAL5
"I
NDIVIDUALS WITH DISABILITIES EDUCATION ACT", 20 U.S.C. SEC. 14006
ET SEQ.7
(4) "I
NSTITUTION OF HIGHER EDUCATION " MEANS A STATE8
INSTITUTION OF HIGHER EDUCATION, AS DEFINED IN SECTION 23-18-102,9
OR AN ACCREDITED CAMPUS OF A STATE INSTITUTION OF HIGHER10
EDUCATION; A PRIVATE INSTITUTION OF HIGHER EDUCATION, AS DEFINED11
IN SECTION 23-18-102, THAT RECEIVES FEDERAL FUNDING ; A LOCAL12
DISTRICT COLLEGE, AS DEFINED IN SECTION 23-71-102; OR AN AREA13
TECHNICAL COLLEGE, AS DEFINED IN SECTION 23-60-103.14
(5) "L
OCAL EDUCATION PROVIDER" MEANS A SCHOOL DISTRICT, A15
CHARTER SCHOOL AUTHORIZED PURSUANT TO PART 1 OF ARTICLE 30.5 OF16
TITLE 22, AN INSTITUTE CHARTER SCHOOL AUTHORIZED BY THE STATE17
CHARTER SCHOOL INSTITUTE PURSUANT TO PART 5 OF ARTICLE 30.5 OF18
TITLE 22, A BOARD OF COOPERATIVE SERVICES CREATED AND OPERATING19
PURSUANT TO ARTICLE 5 OF TITLE 22, A PUBLIC AUTHORITY OR BOARD OF20
EDUCATION MANAGING A PUBLIC SCHOOL IN ANOTHER STATE , OR A21
FACILITY SCHOOL APPROVED PURSUANT TO SECTION 22-2-407.22
(6) "S
ECTION 504" MEANS SECTION 504 OF THE FEDERAL23
"R
EHABILITATION ACT OF 1973", 29 U.S.C. SEC. 701 ET SEQ.24
(7) "S
ECTION 504 PLAN" MEANS A PLAN ESTABLISHED PURSUANT25
TO SECTION 504 THAT PROVIDES GUIDANCE AND SUPPORT FOR A STUDENT26
WITH A DISABILITY.27
087
-3- (8) "STATE EDUCATION AGENCY " MEANS THE DEPARTMENT OF1
EDUCATION CREATED IN SECTION 24-1-115 OR AN AGENCY PRIMARILY2
RESPONSIBLE FOR THE STATE SUPERVISION OF PUBLIC ELEMENTARY3
SCHOOLS AND SECONDARY SCHOOLS IN ANOTHER STATE .4
(9) "S
TUDENT WITH A DISABILITY" MEANS A PROSPECTIVE, AN
5
ADMITTED, OR AN ENROLLED STUDENT WHO MEETS THE DEFINITION OF AN6
"
INDIVIDUAL WITH A DISABILITY " PURSUANT TO THE FEDERAL7
"A
MERICANS WITH DISABILITIES ACT OF 1990" OR PURSUANT TO SECTION8
504.9
23-1-202. Policy - process - students with disabilities -10
dissemination of policy. (1) E
ACH INSTITUTION OF HIGHER EDUCATION11
SHALL CREATE AND ADOPT A POLICY AND A PROCESS TO SUPPORT THE12
ABILITY OF A STUDENT WITH A DISABILITY TO VOLUNTARILY
13
SELF-DISCLOSE THE STUDENT 'S DISABILITY AND TO ENGAGE IN AN14
INTERACTIVE PROCESS WITH THE INSTITUTION OF HIGHER EDUCATION TO15
RECEIVE AN ACADEMIC ADJUSTMENT .16
(2) T
HE POLICY CREATED AND ADOPTED PURS UANT TO SUBSECTION17
(1)
OF THIS SECTION MUST, AT A MINIMUM, INCLUDE INFORMATION THAT:18
(a) D
ESCRIBES THE PROCESS THE INSTITUTION OF HIGHER19
EDUCATION USES TO DETERMINE WHETHER A STUDENT IS ELIGIBLE FOR AN20
ACADEMIC ADJUSTMENT ;21
(b) O
UTLINES THE DOCUMENTATION DESCRIBED IN SECTION22
23-1-203
(2) THAT THE INSTITUTION OF HIGHER EDUCATION MAY REQUEST23
TO DETERMINE WHETHER A STUDENT IS ELIGIBLE FOR AN ACADEMIC24
ADJUSTMENT;25
(c) P
ROVIDES INFORMATION ON THE AVAILABLE DISABILITY26
RESOURCES AND ACADEMIC ADJUSTMENTS PROVIDED TO STUDENTS WITH27
087
-4- DISABILITIES; AND1
(d) D
ESCRIBES AN APPEALS PROCESS FOR ACADEMIC ADJUSTMENT
2
DECISIONS THAT FOCUSES ON DOCUMENTARY REVIEW .3
(3) E
ACH INSTITUTION OF HIGHER EDUCATION SHALL PUBLISH THE
4
POLICY DESCRIBED IN SUBSECTION (1) OF THIS SECTION ON THE5
INSTITUTION OF HIGHER EDUCATION'S WEBSITE IN AN ACCESSIBLE FORMAT.6
23-1-203. Academic adjustments - documentation. (1) A
N7
INSTITUTION OF HIGHER EDUCATION MAY REQUEST DOCUMENTATION , AS8
DESCRIBED IN SUBSECTION (2) OF THIS SECTION, TO DETERMINE WHETHER9
A STUDENT WITH A DISABILITY IS ELIGIBLE FOR AN ACADEMIC10
ADJUSTMENT.11
(2) F
OR AN INSTITUTION OF HIGHER EDUCATION TO DETERMINE12
WHETHER A STUDENT WITH A DISABILITY IS ELIGIBLE FOR AN ACADEMIC13
ADJUSTMENT AS DESCRIBED IN SUBSECTION (1) OF THIS SECTION, A14
STUDENT WITH A DISABILITY MAY SUBMIT ONE OF THE FOLLOWING TO AN15
INSTITUTION OF HIGHER EDUCATION:16
(a) D
OCUMENTATION THAT THE STUDENT WITH A DISABILITY HAS17
OR HAD AN INDIVIDUALIZED EDUCATION PROGRAM THAT INCLUDES A18
STATED DISABILITY. THE IEP DOES NOT AUTOMATICALLY QUALIFY A
19
STUDENT WITH A DISABILITY FOR THE SAME ACCOMMODATIONS IN HIGHER20
EDUCATION IF THE IEP LACKS RELEVANT DIAGNOSTIC DETAILS OR DOES21
NOT DESCRIBE HOW THE STUDENT 'S DISABILITY LIMITS ONE OR MORE22
MAJOR LIFE ACTIVITIES.23
(b) D
OCUMENTATION THAT THE STUDENT WITH A DISABILITY24
RECEIVED SERVICES OR REASONABLE ACCOMMODATIONS PURSUANT TO A25
SECTION 504 PLAN THAT INCLUDES A STATED DISABILITY . THE SECTION
26
504
PLAN DOES NOT AUTOMATICALLY QUALIFY A STUDENT WITH A
27
087
-5- DISABILITY FOR THE SAME ACCOMMODATIONS IN HIGHER EDUCATION IF1
THE SECTION 504 PLAN LACKS RELEVANT DIAGNOSTIC DETAILS OR DOES2
NOT DESCRIBE HOW THE STUDENT 'S DISABILITY LIMITS ONE OR MORE3
MAJOR LIFE ACTIVITIES.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)
AN INSTITUTION OF HIGHER EDUCATION MAY ESTABLISH25
LESS BURDENSOME DOCUMENTATION CRITERIA TO DETERMINE WHETHER26
A STUDENT WITH A DISABILITY MAY RECEIVE AN ACADEMIC ADJUSTMENT .27
087
-6- (b) AN INSTITUTION OF HIGHER EDUCATION MAY REQUEST 1
UPDATED DOCUMENTATION IF A STUDENT WITH A DISABILITY :2
(I) S
UBMITS DOCUMENTATION THAT LACKS REASONABLE DETAIL ;
3
(II) S
UBMITS DOCUMENTATION THAT IS OUTDATED BASED ON A
4
DIAGNOSIS THAT HAS CHANGED ; OR5
(III) R
EQUESTS SUBSTANTIALLY NEW ACADEMIC ADJUSTMENTS .
6
(4) T
HIS PART 2 DOES NOT OVERRIDE FEDERAL LAW .
7
SECTION 2. Act subject to petition - effective date. This act8
takes effect at 12:01 a.m. on the day following the expiration of the9
ninety-day period after final adjournment of the general assembly; except10
that, if a referendum petition is filed pursuant to section 1 (3) of article V11
of the state constitution against this act or an item, section, or part of this12
act within such period, then the act, item, section, or part will not take13
effect unless approved by the people at the general election to be held in14
November 2026 and, in such case, will take effect on the date of the15
official declaration of the vote thereon by the governor.16
087
-7-