First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 25-0372.01 Alana Rosen x2606
SENATE BILL 25-087
Senate Committees House Committees
Education 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:
HOUSE
3rd Reading Unamended
March 31, 2025
HOUSE
Amended 2nd Reading
March 28, 2025
SENATE
3rd Reading Unamended
March 4, 2025
SENATE
Amended 2nd Reading
March 3, 2025
SENATE SPONSORSHIP
Marchman, Ball, Coleman, Cutter, Danielson, Gonzales J., Hinrichsen, Jodeh, Kipp,
Kolker, Michaelson Jenet, Roberts, Snyder, Sullivan, Weissman, Winter F.
HOUSE SPONSORSHIP
Stewart R. and Brooks, Boesenecker, Camacho, English, Froelich, Garcia, Hamrick,
Jackson, Joseph, Lieder, Lukens, Martinez, McCluskie, Paschal, Ricks, Sirota, Soper, Stewart
K., Story
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. Legislative declaration. (1) (a) The general2
assembly finds and declares that:3
(I) In accordance with federal law, Colorado law requires4
institutions of higher education to evaluate whether students with 5
disabilities qualify for an academic adjustment by reviewing6
documentation, including existing individualized education programs and7
section 504 plans;8
(II) While many institutions of higher education have review9
processes in place, inconsistencies and a lack of clarity in the review10
process and implementation of the review process may impede effective11
support for admitted or enrolled students with disabilities;12
(III) Based on feedback from students, faculty, and advocacy13
groups, there is a need for a clear, standardized process for institutions of14
087-2- higher education to review documents, including existing individualized1
education programs and section 504 plans, to determine whether a student2
qualifies for an academic adjustment;3
(IV) Enhancing clarity and transparency in the document review4
process to determine whether students with disabilities qualify for5
academic adjustments will improve the academic success and the6
well-being of enrolled students with disabilities; and7
(V) This act creates a transparent document review process for8
students with disabilities to understand and determine whether they9
qualify for academic adjustments while maintaining the authority of10
institutions of higher education to make the final determination as to11
whether a student with a disability qualifies for academic adjustments.12
(b) The general assembly finds, therefore, that it is necessary to:13
(I) Clarify the processes institutions of higher education use to 14
review documentation, including existing individualized education15
programs and section 504 plans, to determine whether admitted or16
enrolled students with disabilities qualify for academic adjustments;17
(II) Ensure that the processes described in subsection (1)(b)(I) of18
this section do not create barriers for students with disabilities;19
(III) Implement accountability measures for an institution of20
higher education to fulfill its responsibilities by providing a description21
of the appeals process that focuses on documentary review; and22
(IV) Promote the alignment of state and federal law.23
SECTION 2. In Colorado Revised Statutes, add part 2 to article24
1 of title 23 as follows:25
PART 226
ACADEMIC ADJUSTMENTS27
087
-3- IN HIGHER EDUCATION FOR1
STUDENTS WITH DISABILITIES2
23-1-201. Definitions. A
S USED IN THIS PART 2, UNLESS THE3
CONTEXT OTHERWISE REQUIRES :4
(1) "A
CADEMIC ADJUSTMENT " MEANS MODIFICATIONS TO
5
ACADEMIC REQUIREMENTS, AS DESCRIBED IN 34 C.F.R. SEC. 104.44, TO6
ENSURE EQUAL EDUCATIONAL OPPORTUNITIES. "ACADEMIC ADJUSTMENT"7
DOES NOT INCLUDE CHANGES THAT FUNDAMENTALLY ALTER THE CONTENT 8
OF ACADEMIC PROGRAMS .9
(2) "A
MERICANS WITH DISABILITIES ACT OF 1990" OR "ADA"10
MEANS THE FEDERAL "AMERICANS WITH DISABILITIES ACT OF 1990", 4211
U.S.C.
SEC. 12101 ET SEQ.12
(3) "I
NDIVIDUALIZED EDUCATION PROGRAM " OR "IEP" MEANS A13
WRITTEN STATEMENT FOR A STUDENT WITH A DISABILITY THAT IS14
DEVELOPED, REVIEWED, AND REVISED IN ACCORDANCE WITH THE FEDERAL15
"I
NDIVIDUALS WITH DISABILITIES EDUCATION ACT", 20 U.S.C. SEC. 140016
ET SEQ.17
(4) "I
NSTITUTION OF HIGHER EDUCATION " MEANS A STATE18
INSTITUTION OF HIGHER EDUCATION, AS DEFINED IN SECTION 23-18-102,19
OR AN ACCREDITED CAMPUS OF A STATE INSTITUTION OF HIGHER20
EDUCATION; A PRIVATE INSTITUTION OF HIGHER EDUCATION, AS DEFINED21
IN SECTION 23-18-102, THAT RECEIVES FEDERAL FUNDING ; A LOCAL22
DISTRICT COLLEGE, AS DEFINED IN SECTION 23-71-102; OR AN AREA23
TECHNICAL COLLEGE, AS DEFINED IN SECTION 23-60-103.24
(5) "L
OCAL EDUCATION PROVIDER" MEANS A SCHOOL DISTRICT, A25
CHARTER SCHOOL AUTHORIZED PURSUANT TO PART 1 OF ARTICLE 30.5 OF26
TITLE 22, AN INSTITUTE CHARTER SCHOOL AUTHORIZED BY THE STATE27
087
-4- CHARTER SCHOOL INSTITUTE PURSUANT TO PART 5 OF ARTICLE 30.5 OF1
TITLE 22, A BOARD OF COOPERATIVE SERVICES CREATED AND OPERATING2
PURSUANT TO ARTICLE 5 OF TITLE 22, A PUBLIC AUTHORITY OR BOARD OF3
EDUCATION MANAGING A PUBLIC SCHOOL IN ANOTHER STATE , OR A4
FACILITY SCHOOL APPROVED PURSUANT TO SECTION 22-2-407.5
(6) "S
ECTION 504" MEANS SECTION 504 OF THE FEDERAL6
"R
EHABILITATION ACT OF 1973", 29 U.S.C. SEC. 701 ET SEQ.7
(7) "S
ECTION 504 PLAN" MEANS A PLAN ESTABLISHED PURSUANT8
TO SECTION 504 THAT PROVIDES GUIDANCE AND SUPPORT FOR A STUDENT9
WITH A DISABILITY.10
(8) "S
TATE EDUCATION AGENCY " MEANS THE DEPARTMENT OF11
EDUCATION CREATED IN SECTION 24-1-115 OR AN AGENCY PRIMARILY12
RESPONSIBLE FOR THE STATE SUPERVISION OF PUBLIC ELEMENTARY13
SCHOOLS AND SECONDARY SCHOOLS IN ANOTHER STATE .14
(9) "S
TUDENT WITH A DISABILITY" MEANS
AN ADMITTED OR AN15
ENROLLED STUDENT WHO MEETS THE DEFINITION OF AN "INDIVIDUAL WITH16
A DISABILITY" PURSUANT TO THE FEDERAL "AMERICANS WITH17
D
ISABILITIES ACT OF 1990" OR PURSUANT TO SECTION 504.18
23-1-202. Policy - process - students with disabilities -19
dissemination of policy. (1) E
ACH INSTITUTION OF HIGHER EDUCATION20
SHALL CREATE AND ADOPT A POLICY AND A PROCESS TO SUPPORT THE21
ABILITY OF A STUDENT WITH A DISABILITY TO VOLUNTARILY
22
SELF-DISCLOSE THE STUDENT 'S DISABILITY AND TO ENGAGE IN AN23
INTERACTIVE PROCESS WITH THE INSTITUTION OF HIGHER EDUCATION TO24
RECEIVE AN ACADEMIC ADJUSTMENT .25
(2) T
HE POLICY CREATED AND ADOPTED PURS UANT TO SUBSECTION26
(1)
OF THIS SECTION MUST, AT A MINIMUM, INCLUDE INFORMATION THAT:27
087
-5- (a) DESCRIBES THE PROCESS THE INSTITUTION OF HIGHER1
EDUCATION USES TO DETERMINE WHETHER A STUDENT IS ELIGIBLE FOR AN2
ACADEMIC ADJUSTMENT ;3
(b) O
UTLINES THE DOCUMENTATION DESCRIBED IN SECTION4
23-1-203
(2) THAT THE INSTITUTION OF HIGHER EDUCATION MAY REQUEST5
TO DETERMINE WHETHER A STUDENT IS ELIGIBLE FOR AN ACADEMIC6
ADJUSTMENT;7
(c) P
ROVIDES INFORMATION ON THE AVAILABLE DISABILITY8
RESOURCES AND ACADEMIC ADJUSTMENTS PROVIDED TO STUDENTS WITH9
DISABILITIES; AND10
(d) D
ESCRIBES AN APPEALS PROCESS FOR ACADEMIC ADJUSTMENT
11
DECISIONS THAT FOCUSES ON DOCUMENTARY REVIEW .12
(3) E
ACH INSTITUTION OF HIGHER EDUCATION SHALL PUBLISH THE
13
POLICY DESCRIBED IN SUBSECTION (1) OF THIS SECTION ON THE14
INSTITUTION OF HIGHER EDUCATION'S WEBSITE IN AN ACCESSIBLE FORMAT.15
23-1-203. Academic adjustments - documentation. (1) A
N16
INSTITUTION OF HIGHER EDUCATION MAY REQUEST DOCUMENTATION , AS17
DESCRIBED IN SUBSECTION (2) OF THIS SECTION, TO DETERMINE WHETHER18
A STUDENT WITH A DISABILITY IS ELIGIBLE FOR AN ACADEMIC19
ADJUSTMENT.20(2) AS PART OF ITS REVIEW TO DETERMINE WHETHER A STUDENT21
WITH A DISABILITY IS ELIGIBLE FOR AN ACADEMIC ADJUSTMENT AS22
DESCRIBED IN SUBSECTION (1) OF THIS SECTION, AN INSTITUTION OF23
HIGHER EDUCATION MAY CONSIDER ONE OF THE FOLLOWING DOCUMENTS24
TO SUBSTANTIATE THE STUDENT WITH A DISABILITY'S REQUEST FOR AN25
ACADEMIC ADJUSTMENT :26
(a) D
OCUMENTATION THAT THE STUDENT WITH A DISABILITY HAS27
087
-6- OR HAD AN INDIVIDUALIZED EDUCATION PROGRAM THAT INCLUDES A1
STATED DISABILITY. THE IEP DOES NOT AUTOMATICALLY QUALIFY A2
STUDENT WITH A DISABILITY FOR AN ACADEMIC ADJUSTMENT IN HIGHER3
EDUCATION IF THE IEP LACKS RELEVANT DIAGNOSTIC DETAILS OR DOES4
NOT DESCRIBE HOW THE STUDENT 'S DISABILITY LIMITS ONE OR MORE5
MAJOR LIFE ACTIVITIES.6
(b) D
OCUMENTATION THAT THE STUDENT WITH A DISABILITY7
RECEIVED SERVICES OR REASONABLE ACCOMMODATIONS PURSUANT TO A8
SECTION 504 PLAN THAT INCLUDES A STATED DISABILITY . THE SECTION
9
504
PLAN DOES NOT AUTOMATICALLY QUALIFY A STUDENT WITH A
10
DISABILITY FOR AN ACADEMIC ADJUSTMENT IN HIGHER EDUCATION IF THE11
SECTION 504 PLAN LACKS RELEVANT DIAGNOSTIC DETAILS OR DOES NOT12
DESCRIBE HOW THE STUDENT 'S DISABILITY LIMITS ONE OR MORE MAJOR13
LIFE ACTIVITIES.14
(c) D
OCUMENTATION OF A PLAN OR RECORD OF SERVICE FROM A15
PRIVATE SCHOOL, A LOCAL EDUCATION PROVIDER , AN INDIAN TRIBE OR16
TRIBAL ORGANIZATION, A STATE EDUCATION AGENCY, OR AN INSTITUTION17
OF HIGHER EDUCATION PROVIDED PURSUANT TO SECTION 504 OR IN18
ACCORDANCE WITH THE ADA;19
(d) D
OCUMENTATION OF A RECORD OR EVALUATION FROM A20
QUALIFIED HEALTH-CARE PROVIDER WHO IS KNOWLEDGEABLE ABOUT THE21
STUDENT WITH A DISABILITY THAT CONFIRMS THAT THE STUDENT HAS A22
DISABILITY;23
(e) D
OCUMENTATION OF A PLAN OR RECORD FROM ANOTHER24
INSTITUTION OF HIGHER EDUCATION THAT DETERMINED THE STUDENT25
WITH A DISABILITY WHO IS APPLYING FOR AN ACADEMIC ADJUSTMENT HAD26
A QUALIFYING DISABILITY;27
087
-7- (f) DOCUMENTATION OF A DISABILITY DUE TO MILITARY SERVICE ;1
OR2
(g) A
DDITIONAL INFORMATION FROM A QUALIFIED HEALTH -CARE3
PROVIDER WHO IS KNOWLEDGEABLE ABOUT THE STUDENT WITH A4
DISABILITY AND CAN CLARIFY THE NEED FOR AN ACADEMIC ADJUSTMENT5
THAT MAY NOT BE ADDRESSED IN SUBSECTIONS (2)(a) TO (2)(f) OF THIS6
SECTION.7
(3) (a)
AN INSTITUTION OF HIGHER EDUCATION MAY ESTABLISH8
LESS BURDENSOME DOCUMENTATION CRITERIA TO DETERMINE WHETHER9
A STUDENT WITH A DISABILITY MAY RECEIVE AN ACADEMIC ADJUSTMENT .10
(b) A
N INSTITUTION OF HIGHER EDUCATION MAY REQUEST
11
UPDATED DOCUMENTATION IF A STUDENT WITH A DISABILITY :12
(I) S
UBMITS DOCUMENTATION THAT LACKS REASONABLE DETAIL ;
13
(II) S
UBMITS DOCUMENTATION THAT IS OUTDATED BASED ON A
14
DIAGNOSIS THAT HAS CHANGED ; OR15
(III) R
EQUESTS SUBSTANTIALLY NEW ACADEMIC ADJUSTMENTS .
16
(4) T
HIS PART 2 DOES NOT OVERRIDE FEDERAL LAW .
17
SECTION 3. Act subject to petition - effective date. This act18
takes effect at 12:01 a.m. on the day following the expiration of the19
ninety-day period after final adjournment of the general assembly; except20
that, if a referendum petition is filed pursuant to section 1 (3) of article V21
of the state constitution against this act or an item, section, or part of this22
act within such period, then the act, item, section, or part will not take23
effect unless approved by the people at the general election to be held in24
November 2026 and, in such case, will take effect on the date of the25
official declaration of the vote thereon by the governor.26
087
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