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Colorado Senate Bill SB087

Colorado 2025 Regular Session

Colorado Senate Bill SB087 Compare Versions

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1+First Regular Session
2+Seventy-fifth General Assembly
3+STATE OF COLORADO
4+REREVISED
5+This Version Includes All Amendments
6+Adopted in the Second House
7+LLS NO. 25-0372.01 Alana Rosen x2606
18 SENATE BILL 25-087
2-BY SENATOR(S) Marchman, Ball, Cutter, Danielson, Gonzales J.,
3-Hinrichsen, Jodeh, Kipp, Kolker, Michaelson Jenet, Roberts, Snyder,
4-Sullivan, Weissman, Winter F., Coleman;
5-also REPRESENTATIVE(S) Stewart R. and Brooks, Boesenecker,
6-Camacho, English, Froelich, Garcia, Hamrick, Jackson, Joseph, Lieder,
7-Lukens, Martinez, Paschal, Ricks, Sirota, Soper, Stewart K., Story,
8-McCluskie.
9+Senate Committees House Committees
10+Education Education
11+A BILL FOR AN ACT
912 C
10-ONCERNING ESTABLISHING ACADEMIC ADJUSTMENTS FOR STUDENTS WITH
11-DISABILITIES IN INSTITUTIONS OF HIGHER EDUCATION
12-.
13-Be it enacted by the General Assembly of the State of Colorado:
14-SECTION 1. Legislative declaration. (1) (a) The general
15-assembly finds and declares that:
16-(I) In accordance with federal law, Colorado law requires
17-institutions of higher education to evaluate whether students with
18-disabilities qualify for an academic adjustment by reviewing documentation,
19-including existing individualized education programs and section 504 plans;
20-(II) While many institutions of higher education have review
21-NOTE: This bill has been prepared for the signatures of the appropriate legislative
22-officers and the Governor. To determine whether the Governor has signed the bill
23-or taken other action on it, please consult the legislative status sheet, the legislative
24-history, or the Session Laws.
25-________
26-Capital letters or bold & italic numbers indicate new material added to existing law; dashes
27-through words or numbers indicate deletions from existing law and such material is not part of
28-the act. processes in place, inconsistencies and a lack of clarity in the review
29-process and implementation of the review process may impede effective
30-support for admitted or enrolled students with disabilities;
31-(III) Based on feedback from students, faculty, and advocacy
32-groups, there is a need for a clear, standardized process for institutions of
33-higher education to review documents, including existing individualized
34-education programs and section 504 plans, to determine whether a student
35-qualifies for an academic adjustment;
36-(IV) Enhancing clarity and transparency in the document review
37-process to determine whether students with disabilities qualify for academic
38-adjustments will improve the academic success and the well-being of
39-enrolled students with disabilities; and
40-(V) This act creates a transparent document review process for
41-students with disabilities to understand and determine whether they qualify
42-for academic adjustments while maintaining the authority of institutions of
43-higher education to make the final determination as to whether a student
44-with a disability qualifies for academic adjustments.
45-(b) The general assembly finds, therefore, that it is necessary to:
46-(I) Clarify the processes institutions of higher education use to
47-review documentation, including existing individualized education
48-programs and section 504 plans, to determine whether admitted or enrolled
49-students with disabilities qualify for academic adjustments;
50-(II) Ensure that the processes described in subsection (1)(b)(I) of
51-this section do not create barriers for students with disabilities;
52-(III) Implement accountability measures for an institution of higher
53-education to fulfill its responsibilities by providing a description of the
54-appeals process that focuses on documentary review; and
55-(IV) Promote the alignment of state and federal law.
56-SECTION 2. In Colorado Revised Statutes, add part 2 to article 1
57-of title 23 as follows:
58-PAGE 2-SENATE BILL 25-087 PART 2
59-ACADEMIC ADJUSTMENTS
60-IN HIGHER EDUCATION FOR
61-STUDENTS WITH DISABILITIES
13+ONCERNING ESTABLISHING ACADEMI C ADJUSTMENTS FOR STUDENTS101
14+WITH DISABILITIES IN INSTITUTIONS OF HIGHER EDUCATION .102
15+Bill Summary
16+(Note: This summary applies to this bill as introduced and does
17+not reflect any amendments that may be subsequently adopted. If this bill
18+passes third reading in the house of introduction, a bill summary that
19+applies to the reengrossed version of this bill will be available at
20+http://leg.colorado.gov
21+.)
22+The bill requires each institution of higher education (institution)
23+in Colorado to create and adopt a policy and a process to support the
24+ability of a student with a disability (student) to self-disclose the student's
25+disability so the student can receive an academic adjustment from the
26+institution.
27+The adopted policy must, at a minimum, include information that:
28+HOUSE
29+3rd Reading Unamended
30+March 31, 2025
31+HOUSE
32+Amended 2nd Reading
33+March 28, 2025
34+SENATE
35+3rd Reading Unamended
36+March 4, 2025
37+SENATE
38+Amended 2nd Reading
39+March 3, 2025
40+SENATE SPONSORSHIP
41+Marchman, Ball, Coleman, Cutter, Danielson, Gonzales J., Hinrichsen, Jodeh, Kipp,
42+Kolker, Michaelson Jenet, Roberts, Snyder, Sullivan, Weissman, Winter F.
43+HOUSE SPONSORSHIP
44+Stewart R. and Brooks, Boesenecker, Camacho, English, Froelich, Garcia, Hamrick,
45+Jackson, Joseph, Lieder, Lukens, Martinez, McCluskie, Paschal, Ricks, Sirota, Soper, Stewart
46+K., Story
47+Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
48+Capital letters or bold & italic numbers indicate new material to be added to existing law.
49+Dashes through the words or numbers indicate deletions from existing law. ! Describes the institution's process to determine whether a
50+student is eligible for an academic adjustment;
51+! Outlines documentation that the institution may request to
52+determine whether a student is eligible for an academic
53+adjustment;
54+! Provides information on the available disability resources
55+and academic adjustments provided to students with
56+disabilities; and
57+! Describes a grievance procedure for students who dispute
58+a decision made by the institution.
59+Each institution shall distribute the policy in an accessible format
60+to applicants, students, parents, and faculty. The institution shall make the
61+policy available:
62+! During the student application process;
63+! During student orientation;
64+! In academic catalogues; and
65+! On the institution's website.
66+The bill describes the documentation that an admitted or enrolled
67+student may submit to an institution to request an academic adjustment.
68+Be it enacted by the General Assembly of the State of Colorado:1
69+SECTION 1. Legislative declaration. (1) (a) The general2
70+assembly finds and declares that:3
71+(I) In accordance with federal law, Colorado law requires4
72+institutions of higher education to evaluate whether students with 5
73+disabilities qualify for an academic adjustment by reviewing6
74+documentation, including existing individualized education programs and7
75+section 504 plans;8
76+(II) While many institutions of higher education have review9
77+processes in place, inconsistencies and a lack of clarity in the review10
78+process and implementation of the review process may impede effective11
79+support for admitted or enrolled students with disabilities;12
80+(III) Based on feedback from students, faculty, and advocacy13
81+groups, there is a need for a clear, standardized process for institutions of14
82+087-2- higher education to review documents, including existing individualized1
83+education programs and section 504 plans, to determine whether a student2
84+qualifies for an academic adjustment;3
85+(IV) Enhancing clarity and transparency in the document review4
86+process to determine whether students with disabilities qualify for5
87+academic adjustments will improve the academic success and the6
88+well-being of enrolled students with disabilities; and7
89+(V) This act creates a transparent document review process for8
90+students with disabilities to understand and determine whether they9
91+qualify for academic adjustments while maintaining the authority of10
92+institutions of higher education to make the final determination as to11
93+whether a student with a disability qualifies for academic adjustments.12
94+(b) The general assembly finds, therefore, that it is necessary to:13
95+(I) Clarify the processes institutions of higher education use to 14
96+review documentation, including existing individualized education15
97+programs and section 504 plans, to determine whether admitted or16
98+enrolled students with disabilities qualify for academic adjustments;17
99+(II) Ensure that the processes described in subsection (1)(b)(I) of18
100+this section do not create barriers for students with disabilities;19
101+(III) Implement accountability measures for an institution of20
102+higher education to fulfill its responsibilities by providing a description21
103+of the appeals process that focuses on documentary review; and22
104+(IV) Promote the alignment of state and federal law.23
105+SECTION 2. In Colorado Revised Statutes, add part 2 to article24
106+1 of title 23 as follows:25
107+PART 226
108+ACADEMIC ADJUSTMENTS27
109+087
110+-3- IN HIGHER EDUCATION FOR1
111+STUDENTS WITH DISABILITIES2
62112 23-1-201. Definitions. A
63-S USED IN THIS PART 2, UNLESS THE
64-CONTEXT OTHERWISE REQUIRES
65-:
113+S USED IN THIS PART 2, UNLESS THE3
114+CONTEXT OTHERWISE REQUIRES :4
66115 (1) "A
67-CADEMIC ADJUSTMENT" MEANS MODIFICATIONS TO ACADEMIC
68-REQUIREMENTS
69-, AS DESCRIBED IN 34 CFR SEC. 104.44, TO ENSURE EQUAL
70-EDUCATIONAL OPPORTUNITIES
71-. "ACADEMIC ADJUSTMENT " DOES NOT
72-INCLUDE CHANGES THAT FUNDAMENTALLY ALTER THE CONTENT OF
73-ACADEMIC PROGRAMS
74-.
116+CADEMIC ADJUSTMENT " MEANS MODIFICATIONS TO
117+5
118+ACADEMIC REQUIREMENTS, AS DESCRIBED IN 34 C.F.R. SEC. 104.44, TO6
119+ENSURE EQUAL EDUCATIONAL OPPORTUNITIES. "ACADEMIC ADJUSTMENT"7
120+DOES NOT INCLUDE CHANGES THAT FUNDAMENTALLY ALTER THE CONTENT 8
121+OF ACADEMIC PROGRAMS .9
75122 (2) "A
76-MERICANS WITH DISABILITIES ACT OF 1990" OR "ADA"
77-MEANS THE FEDERAL "AMERICANS WITH DISABILITIES ACT OF 1990", 42
123+MERICANS WITH DISABILITIES ACT OF 1990" OR "ADA"10
124+MEANS THE FEDERAL "AMERICANS WITH DISABILITIES ACT OF 1990", 4211
78125 U.S.C.
79- SEC. 12101 ET SEQ.
126+ SEC. 12101 ET SEQ.12
80127 (3) "I
81-NDIVIDUALIZED EDUCATION PROGRAM " OR "IEP" MEANS A
82-WRITTEN STATEMENT FOR A STUDENT WITH A DISABILITY THAT IS
83-DEVELOPED
84-, REVIEWED, AND REVISED IN ACCORDANCE WITH THE FEDERAL
85-"INDIVIDUALS WITH DISABILITIES EDUCATION ACT", 20 U.S.C. SEC. 1400 ET
86-SEQ
87-.
128+NDIVIDUALIZED EDUCATION PROGRAM " OR "IEP" MEANS A13
129+WRITTEN STATEMENT FOR A STUDENT WITH A DISABILITY THAT IS14
130+DEVELOPED, REVIEWED, AND REVISED IN ACCORDANCE WITH THE FEDERAL15
131+"I
132+NDIVIDUALS WITH DISABILITIES EDUCATION ACT", 20 U.S.C. SEC. 140016
133+ET SEQ.17
88134 (4) "I
89-NSTITUTION OF HIGHER EDUCATION " MEANS A STATE
90-INSTITUTION OF HIGHER EDUCATION
91-, AS DEFINED IN SECTION 23-18-102, OR
92-AN ACCREDITED CAMPUS OF A STATE INSTITUTION OF HIGHER EDUCATION
93-;
94-A PRIVATE INSTITUTION OF HIGHER EDUCATION , AS DEFINED IN SECTION
95-23-18-102, THAT RECEIVES FEDERAL FUNDING; A LOCAL DISTRICT COLLEGE,
96-AS DEFINED IN SECTION 23-71-102; OR AN AREA TECHNICAL COLLEGE , AS
97-DEFINED IN SECTION
98-23-60-103.
135+NSTITUTION OF HIGHER EDUCATION " MEANS A STATE18
136+INSTITUTION OF HIGHER EDUCATION, AS DEFINED IN SECTION 23-18-102,19
137+OR AN ACCREDITED CAMPUS OF A STATE INSTITUTION OF HIGHER20
138+EDUCATION; A PRIVATE INSTITUTION OF HIGHER EDUCATION, AS DEFINED21
139+IN SECTION 23-18-102, THAT RECEIVES FEDERAL FUNDING ; A LOCAL22
140+DISTRICT COLLEGE, AS DEFINED IN SECTION 23-71-102; OR AN AREA23
141+TECHNICAL COLLEGE, AS DEFINED IN SECTION 23-60-103.24
99142 (5) "L
100-OCAL EDUCATION PROVIDER " MEANS A SCHOOL DISTRICT, A
101-CHARTER SCHOOL AUTHORIZED PURSUANT TO PART
102-1 OF ARTICLE 30.5 OF
103-TITLE
104-22, AN INSTITUTE CHARTER SCHOOL AUTHORIZED BY THE STATE
105-CHARTER SCHOOL INSTITUTE PURSUANT TO PART
106-5 OF ARTICLE 30.5 OF TITLE
107-22, A BOARD OF COOPERATIVE SERVICES CREATED AND OPERATING
108-PURSUANT TO ARTICLE
109-5 OF TITLE 22, A PUBLIC AUTHORITY OR BOARD OF
110-EDUCATION MANAGING A PUBLIC SCHOOL IN ANOTHER STATE
111-, OR A FACILITY
112-SCHOOL APPROVED PURSUANT TO SECTION
113-22-2-407.
114-PAGE 3-SENATE BILL 25-087 (6) "SECTION 504" MEANS SECTION 504 OF THE FEDERAL
115-"REHABILITATION ACT OF 1973", 29 U.S.C. SEC. 701 ET SEQ.
143+OCAL EDUCATION PROVIDER" MEANS A SCHOOL DISTRICT, A25
144+CHARTER SCHOOL AUTHORIZED PURSUANT TO PART 1 OF ARTICLE 30.5 OF26
145+TITLE 22, AN INSTITUTE CHARTER SCHOOL AUTHORIZED BY THE STATE27
146+087
147+-4- CHARTER SCHOOL INSTITUTE PURSUANT TO PART 5 OF ARTICLE 30.5 OF1
148+TITLE 22, A BOARD OF COOPERATIVE SERVICES CREATED AND OPERATING2
149+PURSUANT TO ARTICLE 5 OF TITLE 22, A PUBLIC AUTHORITY OR BOARD OF3
150+EDUCATION MANAGING A PUBLIC SCHOOL IN ANOTHER STATE , OR A4
151+FACILITY SCHOOL APPROVED PURSUANT TO SECTION 22-2-407.5
152+(6) "S
153+ECTION 504" MEANS SECTION 504 OF THE FEDERAL6
154+"R
155+EHABILITATION ACT OF 1973", 29 U.S.C. SEC. 701 ET SEQ.7
116156 (7) "S
117-ECTION 504 PLAN" MEANS A PLAN ESTABLISHED PURSUANT TO
118-SECTION
119-504 THAT PROVIDES GUIDANCE AND SUPPORT FOR A STUDENT WITH
120-A DISABILITY
121-.
157+ECTION 504 PLAN" MEANS A PLAN ESTABLISHED PURSUANT8
158+TO SECTION 504 THAT PROVIDES GUIDANCE AND SUPPORT FOR A STUDENT9
159+WITH A DISABILITY.10
122160 (8) "S
123-TATE EDUCATION AGENCY " MEANS THE DEPARTMENT OF
124-EDUCATION CREATED IN SECTION
125-24-1-115 OR AN AGENCY PRIMARILY
126-RESPONSIBLE FOR THE STATE SUPERVISION OF PUBLIC ELEMENTARY SCHOOLS
127-AND SECONDARY SCHOOLS IN ANOTHER STATE
128-.
161+TATE EDUCATION AGENCY " MEANS THE DEPARTMENT OF11
162+EDUCATION CREATED IN SECTION 24-1-115 OR AN AGENCY PRIMARILY12
163+RESPONSIBLE FOR THE STATE SUPERVISION OF PUBLIC ELEMENTARY13
164+SCHOOLS AND SECONDARY SCHOOLS IN ANOTHER STATE .14
129165 (9) "S
130-TUDENT WITH A DISABILITY" MEANS AN ADMITTED OR AN
131-ENROLLED STUDENT WHO MEETS THE DEFINITION OF AN
132-"INDIVIDUAL WITH
133-A DISABILITY
134-" PURSUANT TO THE FEDERAL "AMERICANS WITH DISABILITIES
135-ACT OF 1990" OR PURSUANT TO SECTION 504.
136-23-1-202. Policy - process - students with disabilities -
166+TUDENT WITH A DISABILITY" MEANS
167+AN ADMITTED OR AN15
168+ENROLLED STUDENT WHO MEETS THE DEFINITION OF AN "INDIVIDUAL WITH16
169+A DISABILITY" PURSUANT TO THE FEDERAL "AMERICANS WITH17
170+D
171+ISABILITIES ACT OF 1990" OR PURSUANT TO SECTION 504.18
172+23-1-202. Policy - process - students with disabilities -19
137173 dissemination of policy. (1) E
138-ACH INSTITUTION OF HIGHER EDUCATION
139-SHALL CREATE AND ADOPT A POLICY AND A PROCESS TO SUPPORT THE
140-ABILITY OF A STUDENT WITH A DISABILITY TO VOLUNTARILY SELF
141--DISCLOSE
142-THE STUDENT
143-'S DISABILITY AND TO ENGAGE IN AN INTERACTIVE PROCESS
144-WITH THE INSTITUTION OF HIGHER EDUCATION TO RECEIVE AN ACADEMIC
145-ADJUSTMENT
146-.
174+ACH INSTITUTION OF HIGHER EDUCATION20
175+SHALL CREATE AND ADOPT A POLICY AND A PROCESS TO SUPPORT THE21
176+ABILITY OF A STUDENT WITH A DISABILITY TO VOLUNTARILY
177+22
178+SELF-DISCLOSE THE STUDENT 'S DISABILITY AND TO ENGAGE IN AN23
179+INTERACTIVE PROCESS WITH THE INSTITUTION OF HIGHER EDUCATION TO24
180+RECEIVE AN ACADEMIC ADJUSTMENT .25
147181 (2) T
148-HE POLICY CREATED AND ADOPTED PURSUANT TO SUBSECTION
149-(1) OF THIS SECTION MUST, AT A MINIMUM, INCLUDE INFORMATION THAT:
150-(a) D
151-ESCRIBES THE PROCESS THE INSTITUTION OF HIGHER EDUCATION
152-USES TO DETERMINE WHETHER A STUDENT IS ELIGIBLE FOR AN ACADEMIC
153-ADJUSTMENT
154-;
182+HE POLICY CREATED AND ADOPTED PURS UANT TO SUBSECTION26
183+(1)
184+ OF THIS SECTION MUST, AT A MINIMUM, INCLUDE INFORMATION THAT:27
185+087
186+-5- (a) DESCRIBES THE PROCESS THE INSTITUTION OF HIGHER1
187+EDUCATION USES TO DETERMINE WHETHER A STUDENT IS ELIGIBLE FOR AN2
188+ACADEMIC ADJUSTMENT ;3
155189 (b) O
156-UTLINES THE DOCUMENTATION DESCRIBED IN SECTION 23-1-203
157-(2)
158- THAT THE INSTITUTION OF HIGHER EDUCATION MAY REQUEST TO
159-DETERMINE WHETHER A STUDENT IS ELIGIBLE FOR AN ACADEMIC
160-ADJUSTMENT
161-;
190+UTLINES THE DOCUMENTATION DESCRIBED IN SECTION4
191+23-1-203
192+ (2) THAT THE INSTITUTION OF HIGHER EDUCATION MAY REQUEST5
193+TO DETERMINE WHETHER A STUDENT IS ELIGIBLE FOR AN ACADEMIC6
194+ADJUSTMENT;7
162195 (c) P
163-ROVIDES INFORMATION ON THE AVAILABLE DISABILITY
164-RESOURCES AND ACADEMIC ADJUSTMENTS PROVIDED TO STUDENTS WITH
165-DISABILITIES
166-; AND
167-PAGE 4-SENATE BILL 25-087 (d) DESCRIBES AN APPEALS PROCESS FOR ACADEMIC ADJUSTMENT
168-DECISIONS THAT FOCUSES ON DOCUMENTARY REVIEW
169-.
196+ROVIDES INFORMATION ON THE AVAILABLE DISABILITY8
197+RESOURCES AND ACADEMIC ADJUSTMENTS PROVIDED TO STUDENTS WITH9
198+DISABILITIES; AND10
199+(d) D
200+ESCRIBES AN APPEALS PROCESS FOR ACADEMIC ADJUSTMENT
201+11
202+DECISIONS THAT FOCUSES ON DOCUMENTARY REVIEW .12
170203 (3) E
171204 ACH INSTITUTION OF HIGHER EDUCATION SHALL PUBLISH THE
172-POLICY DESCRIBED IN SUBSECTION
173-(1) OF THIS SECTION ON THE INSTITUTION
174-OF HIGHER EDUCATION
175-'S WEBSITE IN AN ACCESSIBLE FORMAT.
205+13
206+POLICY DESCRIBED IN SUBSECTION (1) OF THIS SECTION ON THE14
207+INSTITUTION OF HIGHER EDUCATION'S WEBSITE IN AN ACCESSIBLE FORMAT.15
176208 23-1-203. Academic adjustments - documentation. (1) A
177-N
178-INSTITUTION OF HIGHER EDUCATION MAY REQUEST DOCUMENTATION
179-, AS
180-DESCRIBED IN SUBSECTION
181-(2) OF THIS SECTION, TO DETERMINE WHETHER A
182-STUDENT WITH A DISABILITY IS ELIGIBLE FOR AN ACADEMIC ADJUSTMENT
183-.
184-(2) A
185-S PART OF ITS REVIEW TO DETERMINE WHETHER A STUDENT
186-WITH A DISABILITY IS ELIGIBLE FOR AN ACADEMIC ADJUSTMENT AS
187-DESCRIBED IN SUBSECTION
188-(1) OF THIS SECTION, AN INSTITUTION OF HIGHER
189-EDUCATION MAY CONSIDER ONE OF THE FOLLOWING DOCUMENTS TO
190-SUBSTANTIATE THE STUDENT WITH A DISABILITY
191-'S REQUEST FOR AN
192-ACADEMIC ADJUSTMENT
193-:
209+N16
210+INSTITUTION OF HIGHER EDUCATION MAY REQUEST DOCUMENTATION , AS17
211+DESCRIBED IN SUBSECTION (2) OF THIS SECTION, TO DETERMINE WHETHER18
212+A STUDENT WITH A DISABILITY IS ELIGIBLE FOR AN ACADEMIC19
213+ADJUSTMENT.20(2) AS PART OF ITS REVIEW TO DETERMINE WHETHER A STUDENT21
214+WITH A DISABILITY IS ELIGIBLE FOR AN ACADEMIC ADJUSTMENT AS22
215+DESCRIBED IN SUBSECTION (1) OF THIS SECTION, AN INSTITUTION OF23
216+HIGHER EDUCATION MAY CONSIDER ONE OF THE FOLLOWING DOCUMENTS24
217+TO SUBSTANTIATE THE STUDENT WITH A DISABILITY'S REQUEST FOR AN25
218+ACADEMIC ADJUSTMENT :26
194219 (a) D
195-OCUMENTATION THAT THE STUDENT WITH A DISABILITY HAS OR
196-HAD AN INDIVIDUALIZED EDUCATION PROGRAM THAT INCLUDES A STATED
197-DISABILITY
198-. THE IEP DOES NOT AUTOMATICALLY QUALIFY A STUDENT WITH
199-A DISABILITY FOR AN ACADEMIC ADJUSTMENT IN HIGHER EDUCATION IF THE
200-IEP LACKS RELEVANT DIAGNOSTIC DETAILS OR DOES NOT DESCRIBE HOW THE
201-STUDENT
202-'S DISABILITY LIMITS ONE OR MORE MAJOR LIFE ACTIVITIES.
220+OCUMENTATION THAT THE STUDENT WITH A DISABILITY HAS27
221+087
222+-6- OR HAD AN INDIVIDUALIZED EDUCATION PROGRAM THAT INCLUDES A1
223+STATED DISABILITY. THE IEP DOES NOT AUTOMATICALLY QUALIFY A2
224+STUDENT WITH A DISABILITY FOR AN ACADEMIC ADJUSTMENT IN HIGHER3
225+EDUCATION IF THE IEP LACKS RELEVANT DIAGNOSTIC DETAILS OR DOES4
226+NOT DESCRIBE HOW THE STUDENT 'S DISABILITY LIMITS ONE OR MORE5
227+MAJOR LIFE ACTIVITIES.6
203228 (b) D
204-OCUMENTATION THAT THE STUDENT WITH A DISABILITY
205-RECEIVED SERVICES OR REASONABLE ACCOMMODATIONS PURSUANT TO A
206-SECTION
207-504 PLAN THAT INCLUDES A STATED DISABILITY. THE SECTION 504
208-PLAN DOES NOT AUTOMATICALLY QUALIFY A STUDENT WITH A DISABILITY
209-FOR AN ACADEMIC ADJUSTMENT IN HIGHER EDUCATION IF THE SECTION
229+OCUMENTATION THAT THE STUDENT WITH A DISABILITY7
230+RECEIVED SERVICES OR REASONABLE ACCOMMODATIONS PURSUANT TO A8
231+SECTION 504 PLAN THAT INCLUDES A STATED DISABILITY . THE SECTION
232+9
210233 504
211-PLAN LACKS RELEVANT DIAGNOSTIC DETAILS OR DOES NOT DESCRIBE HOW
212-THE STUDENT
213-'S DISABILITY LIMITS ONE OR MORE MAJOR LIFE ACTIVITIES.
234+ PLAN DOES NOT AUTOMATICALLY QUALIFY A STUDENT WITH A
235+10
236+DISABILITY FOR AN ACADEMIC ADJUSTMENT IN HIGHER EDUCATION IF THE11
237+SECTION 504 PLAN LACKS RELEVANT DIAGNOSTIC DETAILS OR DOES NOT12
238+DESCRIBE HOW THE STUDENT 'S DISABILITY LIMITS ONE OR MORE MAJOR13
239+LIFE ACTIVITIES.14
214240 (c) D
215-OCUMENTATION OF A PLAN OR RECORD OF SERVICE FROM A
216-PRIVATE SCHOOL
217-, A LOCAL EDUCATION PROVIDER , AN INDIAN TRIBE OR
218-TRIBAL ORGANIZATION
219-, A STATE EDUCATION AGENCY, OR AN INSTITUTION
220-OF HIGHER EDUCATION PROVIDED PURSUANT TO SECTION
221-504 OR IN
222-ACCORDANCE WITH THE
223-ADA;
224-PAGE 5-SENATE BILL 25-087 (d) DOCUMENTATION OF A RECORD OR EVALUATION FROM A
225-QUALIFIED HEALTH
226--CARE PROVIDER WHO IS KNOWLEDGEABLE ABOUT THE
227-STUDENT WITH A DISABILITY THAT CONFIRMS THAT THE STUDENT HAS A
228-DISABILITY
229-;
241+OCUMENTATION OF A PLAN OR RECORD OF SERVICE FROM A15
242+PRIVATE SCHOOL, A LOCAL EDUCATION PROVIDER , AN INDIAN TRIBE OR16
243+TRIBAL ORGANIZATION, A STATE EDUCATION AGENCY, OR AN INSTITUTION17
244+OF HIGHER EDUCATION PROVIDED PURSUANT TO SECTION 504 OR IN18
245+ACCORDANCE WITH THE ADA;19
246+(d) D
247+OCUMENTATION OF A RECORD OR EVALUATION FROM A20
248+QUALIFIED HEALTH-CARE PROVIDER WHO IS KNOWLEDGEABLE ABOUT THE21
249+STUDENT WITH A DISABILITY THAT CONFIRMS THAT THE STUDENT HAS A22
250+DISABILITY;23
230251 (e) D
231-OCUMENTATION OF A PLAN OR RECORD FROM ANOTHER
232-INSTITUTION OF HIGHER EDUCATION THAT DETERMINED THE STUDENT WITH
233-A DISABILITY WHO IS APPLYING FOR AN ACADEMIC ADJUSTMENT HAD A
234-QUALIFYING DISABILITY
235-;
236-(f) D
237-OCUMENTATION OF A DISABILITY DUE TO MILITARY SERVICE ; OR
238-(g) ADDITIONAL INFORMATION FROM A QUALIFIED HEALTH -CARE
239-PROVIDER WHO IS KNOWLEDGEABLE ABOUT THE STUDENT WITH A DISABILITY
240-AND CAN CLARIFY THE NEED FOR AN ACADEMIC ADJUSTMENT THAT MAY NOT
241-BE ADDRESSED IN SUBSECTIONS
242- (2)(a) TO (2)(f) OF THIS SECTION.
243-(3) (a) A
244-N INSTITUTION OF HIGHER EDUCATION MAY ESTABLISH LESS
245-BURDENSOME DOCUMENTATION CRITERIA TO DETERMINE WHETHER A
246-STUDENT WITH A DISABILITY MAY RECEIVE AN ACADEMIC ADJUSTMENT
247-.
252+OCUMENTATION OF A PLAN OR RECORD FROM ANOTHER24
253+INSTITUTION OF HIGHER EDUCATION THAT DETERMINED THE STUDENT25
254+WITH A DISABILITY WHO IS APPLYING FOR AN ACADEMIC ADJUSTMENT HAD26
255+A QUALIFYING DISABILITY;27
256+087
257+-7- (f) DOCUMENTATION OF A DISABILITY DUE TO MILITARY SERVICE ;1
258+OR2
259+(g) A
260+DDITIONAL INFORMATION FROM A QUALIFIED HEALTH -CARE3
261+PROVIDER WHO IS KNOWLEDGEABLE ABOUT THE STUDENT WITH A4
262+DISABILITY AND CAN CLARIFY THE NEED FOR AN ACADEMIC ADJUSTMENT5
263+THAT MAY NOT BE ADDRESSED IN SUBSECTIONS (2)(a) TO (2)(f) OF THIS6
264+SECTION.7
265+(3) (a)
266+ AN INSTITUTION OF HIGHER EDUCATION MAY ESTABLISH8
267+LESS BURDENSOME DOCUMENTATION CRITERIA TO DETERMINE WHETHER9
268+A STUDENT WITH A DISABILITY MAY RECEIVE AN ACADEMIC ADJUSTMENT .10
248269 (b) A
249-N INSTITUTION OF HIGHER EDUCATION MAY REQUEST UPDATED
250-DOCUMENTATION IF A STUDENT WITH A DISABILITY
251-:
270+N INSTITUTION OF HIGHER EDUCATION MAY REQUEST
271+11
272+UPDATED DOCUMENTATION IF A STUDENT WITH A DISABILITY :12
252273 (I) S
253274 UBMITS DOCUMENTATION THAT LACKS REASONABLE DETAIL ;
275+13
254276 (II) S
255277 UBMITS DOCUMENTATION THAT IS OUTDATED BASED ON A
256-DIAGNOSIS THAT HAS CHANGED
257-; OR
258-(III) REQUESTS SUBSTANTIALLY NEW ACADEMIC ADJUSTMENTS .
278+14
279+DIAGNOSIS THAT HAS CHANGED ; OR15
280+(III) R
281+EQUESTS SUBSTANTIALLY NEW ACADEMIC ADJUSTMENTS .
282+16
259283 (4) T
260284 HIS PART 2 DOES NOT OVERRIDE FEDERAL LAW .
261-SECTION 3. Act subject to petition - effective date. This act
262-takes effect at 12:01 a.m. on the day following the expiration of the
263-ninety-day period after final adjournment of the general assembly; except
264-that, if a referendum petition is filed pursuant to section 1 (3) of article V
265-of the state constitution against this act or an item, section, or part of this act
266-within such period, then the act, item, section, or part will not take effect
267-unless approved by the people at the general election to be held in
268-PAGE 6-SENATE BILL 25-087 November 2026 and, in such case, will take effect on the date of the official
269-declaration of the vote thereon by the governor.
270-____________________________ ____________________________
271-James Rashad Coleman, Sr. Julie McCluskie
272-PRESIDENT OF SPEAKER OF THE HOUSE
273-THE SENATE OF REPRESENTATIVES
274-____________________________ ____________________________
275-Esther van Mourik Vanessa Reilly
276-SECRETARY OF CHIEF CLERK OF THE HOUSE
277-THE SENATE OF REPRESENTATIVES
278- APPROVED________________________________________
279- (Date and Time)
280- _________________________________________
281- Jared S. Polis
282- GOVERNOR OF THE STATE OF COLORADO
283-PAGE 7-SENATE BILL 25-087
285+17
286+SECTION 3. Act subject to petition - effective date. This act18
287+takes effect at 12:01 a.m. on the day following the expiration of the19
288+ninety-day period after final adjournment of the general assembly; except20
289+that, if a referendum petition is filed pursuant to section 1 (3) of article V21
290+of the state constitution against this act or an item, section, or part of this22
291+act within such period, then the act, item, section, or part will not take23
292+effect unless approved by the people at the general election to be held in24
293+November 2026 and, in such case, will take effect on the date of the25
294+official declaration of the vote thereon by the governor.26
295+087
296+-8-