SENATE BILL 25-087
BY SENATOR(S) Marchman, Ball, Cutter, Danielson, Gonzales J.,
Hinrichsen, Jodeh, Kipp, Kolker, Michaelson Jenet, Roberts, Snyder,
Sullivan, Weissman, Winter F., Coleman;
also REPRESENTATIVE(S) Stewart R. and Brooks, Boesenecker,
Camacho, English, Froelich, Garcia, Hamrick, Jackson, Joseph, Lieder,
Lukens, Martinez, Paschal, Ricks, Sirota, Soper, Stewart K., Story,
McCluskie.
C
ONCERNING ESTABLISHING ACADEMIC ADJUSTMENTS FOR STUDENTS WITH
DISABILITIES IN INSTITUTIONS OF HIGHER EDUCATION
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. (1) (a) The general
assembly finds and declares that:
(I) In accordance with federal law, Colorado law requires
institutions of higher education to evaluate whether students with
disabilities qualify for an academic adjustment by reviewing documentation,
including existing individualized education programs and section 504 plans;
(II) While many institutions of higher education have review
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. processes in place, inconsistencies and a lack of clarity in the review
process and implementation of the review process may impede effective
support for admitted or enrolled students with disabilities;
(III) Based on feedback from students, faculty, and advocacy
groups, there is a need for a clear, standardized process for institutions of
higher education to review documents, including existing individualized
education programs and section 504 plans, to determine whether a student
qualifies for an academic adjustment;
(IV) Enhancing clarity and transparency in the document review
process to determine whether students with disabilities qualify for academic
adjustments will improve the academic success and the well-being of
enrolled students with disabilities; and
(V) This act creates a transparent document review process for
students with disabilities to understand and determine whether they qualify
for academic adjustments while maintaining the authority of institutions of
higher education to make the final determination as to whether a student
with a disability qualifies for academic adjustments.
(b) The general assembly finds, therefore, that it is necessary to:
(I) Clarify the processes institutions of higher education use to
review documentation, including existing individualized education
programs and section 504 plans, to determine whether admitted or enrolled
students with disabilities qualify for academic adjustments;
(II) Ensure that the processes described in subsection (1)(b)(I) of
this section do not create barriers for students with disabilities;
(III) Implement accountability measures for an institution of higher
education to fulfill its responsibilities by providing a description of the
appeals process that focuses on documentary review; and
(IV) Promote the alignment of state and federal law.
SECTION 2. In Colorado Revised Statutes, add part 2 to article 1
of title 23 as follows:
PAGE 2-SENATE BILL 25-087 PART 2
ACADEMIC ADJUSTMENTS
IN HIGHER EDUCATION FOR
STUDENTS WITH DISABILITIES
23-1-201. Definitions. A
S USED IN THIS PART 2, UNLESS THE
CONTEXT OTHERWISE REQUIRES
:
(1) "A
CADEMIC ADJUSTMENT" MEANS MODIFICATIONS TO ACADEMIC
REQUIREMENTS
, AS DESCRIBED IN 34 CFR SEC. 104.44, TO ENSURE EQUAL
EDUCATIONAL OPPORTUNITIES
. "ACADEMIC ADJUSTMENT " DOES NOT
INCLUDE CHANGES THAT FUNDAMENTALLY ALTER THE CONTENT OF
ACADEMIC PROGRAMS
.
(2) "A
MERICANS WITH DISABILITIES ACT OF 1990" OR "ADA"
MEANS THE FEDERAL "AMERICANS WITH DISABILITIES ACT OF 1990", 42
U.S.C.
SEC. 12101 ET SEQ.
(3) "I
NDIVIDUALIZED EDUCATION PROGRAM " OR "IEP" MEANS A
WRITTEN STATEMENT FOR A STUDENT WITH A DISABILITY THAT IS
DEVELOPED
, REVIEWED, AND REVISED IN ACCORDANCE WITH THE FEDERAL
"INDIVIDUALS WITH DISABILITIES EDUCATION ACT", 20 U.S.C. SEC. 1400 ET
SEQ
.
(4) "I
NSTITUTION OF HIGHER EDUCATION " MEANS A STATE
INSTITUTION OF HIGHER EDUCATION
, AS DEFINED IN SECTION 23-18-102, OR
AN ACCREDITED CAMPUS OF A STATE INSTITUTION OF HIGHER EDUCATION
;
A PRIVATE INSTITUTION OF HIGHER EDUCATION , AS DEFINED IN SECTION
23-18-102, THAT RECEIVES FEDERAL FUNDING; A LOCAL DISTRICT COLLEGE,
AS DEFINED IN SECTION 23-71-102; OR AN AREA TECHNICAL COLLEGE , AS
DEFINED IN SECTION
23-60-103.
(5) "L
OCAL EDUCATION PROVIDER " MEANS A SCHOOL DISTRICT, A
CHARTER SCHOOL AUTHORIZED PURSUANT TO PART
1 OF ARTICLE 30.5 OF
TITLE
22, AN INSTITUTE CHARTER SCHOOL AUTHORIZED BY THE STATE
CHARTER SCHOOL INSTITUTE PURSUANT TO PART
5 OF ARTICLE 30.5 OF TITLE
22, A BOARD OF COOPERATIVE SERVICES CREATED AND OPERATING
PURSUANT TO ARTICLE
5 OF TITLE 22, A PUBLIC AUTHORITY OR BOARD OF
EDUCATION MANAGING A PUBLIC SCHOOL IN ANOTHER STATE
, OR A FACILITY
SCHOOL APPROVED PURSUANT TO SECTION
22-2-407.
PAGE 3-SENATE BILL 25-087 (6) "SECTION 504" MEANS SECTION 504 OF THE FEDERAL
"REHABILITATION ACT OF 1973", 29 U.S.C. SEC. 701 ET SEQ.
(7) "S
ECTION 504 PLAN" MEANS A PLAN ESTABLISHED PURSUANT TO
SECTION
504 THAT PROVIDES GUIDANCE AND SUPPORT FOR A STUDENT WITH
A DISABILITY
.
(8) "S
TATE EDUCATION AGENCY " MEANS THE DEPARTMENT OF
EDUCATION CREATED IN SECTION
24-1-115 OR AN AGENCY PRIMARILY
RESPONSIBLE FOR THE STATE SUPERVISION OF PUBLIC ELEMENTARY SCHOOLS
AND SECONDARY SCHOOLS IN ANOTHER STATE
.
(9) "S
TUDENT WITH A DISABILITY" MEANS AN ADMITTED OR AN
ENROLLED STUDENT WHO MEETS THE DEFINITION OF AN
"INDIVIDUAL WITH
A DISABILITY
" PURSUANT TO THE FEDERAL "AMERICANS WITH DISABILITIES
ACT OF 1990" OR PURSUANT TO SECTION 504.
23-1-202. Policy - process - students with disabilities -
dissemination of policy. (1) E
ACH INSTITUTION OF HIGHER EDUCATION
SHALL CREATE AND ADOPT A POLICY AND A PROCESS TO SUPPORT THE
ABILITY OF A STUDENT WITH A DISABILITY TO VOLUNTARILY SELF
-DISCLOSE
THE STUDENT
'S DISABILITY AND TO ENGAGE IN AN INTERACTIVE PROCESS
WITH THE INSTITUTION OF HIGHER EDUCATION TO RECEIVE AN ACADEMIC
ADJUSTMENT
.
(2) T
HE POLICY CREATED AND ADOPTED PURSUANT TO SUBSECTION
(1) OF THIS SECTION MUST, AT A MINIMUM, INCLUDE INFORMATION THAT:
(a) D
ESCRIBES THE PROCESS THE INSTITUTION OF HIGHER EDUCATION
USES TO DETERMINE WHETHER A STUDENT IS ELIGIBLE FOR AN ACADEMIC
ADJUSTMENT
;
(b) O
UTLINES THE DOCUMENTATION DESCRIBED IN SECTION 23-1-203
(2)
THAT THE INSTITUTION OF HIGHER EDUCATION MAY REQUEST TO
DETERMINE WHETHER A STUDENT IS ELIGIBLE FOR AN ACADEMIC
ADJUSTMENT
;
(c) P
ROVIDES INFORMATION ON THE AVAILABLE DISABILITY
RESOURCES AND ACADEMIC ADJUSTMENTS PROVIDED TO STUDENTS WITH
DISABILITIES
; AND
PAGE 4-SENATE BILL 25-087 (d) DESCRIBES AN APPEALS PROCESS FOR ACADEMIC ADJUSTMENT
DECISIONS THAT FOCUSES ON DOCUMENTARY REVIEW
.
(3) E
ACH INSTITUTION OF HIGHER EDUCATION SHALL PUBLISH THE
POLICY DESCRIBED IN SUBSECTION
(1) OF THIS SECTION ON THE INSTITUTION
OF HIGHER EDUCATION
'S WEBSITE IN AN ACCESSIBLE FORMAT.
23-1-203. Academic adjustments - documentation. (1) A
N
INSTITUTION OF HIGHER EDUCATION MAY REQUEST DOCUMENTATION
, AS
DESCRIBED IN SUBSECTION
(2) OF THIS SECTION, TO DETERMINE WHETHER A
STUDENT WITH A DISABILITY IS ELIGIBLE FOR AN ACADEMIC ADJUSTMENT
.
(2) A
S PART OF ITS REVIEW TO DETERMINE WHETHER A STUDENT
WITH A DISABILITY IS ELIGIBLE FOR AN ACADEMIC ADJUSTMENT AS
DESCRIBED IN SUBSECTION
(1) OF THIS SECTION, AN INSTITUTION OF HIGHER
EDUCATION MAY CONSIDER ONE OF THE FOLLOWING DOCUMENTS TO
SUBSTANTIATE THE STUDENT WITH A DISABILITY
'S REQUEST FOR AN
ACADEMIC ADJUSTMENT
:
(a) D
OCUMENTATION THAT THE STUDENT WITH A DISABILITY HAS OR
HAD AN INDIVIDUALIZED EDUCATION PROGRAM THAT INCLUDES A STATED
DISABILITY
. THE IEP DOES NOT AUTOMATICALLY QUALIFY A STUDENT WITH
A DISABILITY FOR AN ACADEMIC ADJUSTMENT IN HIGHER EDUCATION IF THE
IEP LACKS RELEVANT DIAGNOSTIC DETAILS OR DOES NOT DESCRIBE HOW THE
STUDENT
'S DISABILITY LIMITS ONE OR MORE MAJOR LIFE ACTIVITIES.
(b) D
OCUMENTATION THAT THE STUDENT WITH A DISABILITY
RECEIVED SERVICES OR REASONABLE ACCOMMODATIONS PURSUANT TO A
SECTION
504 PLAN THAT INCLUDES A STATED DISABILITY. THE SECTION 504
PLAN DOES NOT AUTOMATICALLY QUALIFY A STUDENT WITH A DISABILITY
FOR AN ACADEMIC ADJUSTMENT IN HIGHER EDUCATION IF THE SECTION
504
PLAN LACKS RELEVANT DIAGNOSTIC DETAILS OR DOES NOT DESCRIBE HOW
THE STUDENT
'S DISABILITY LIMITS ONE OR MORE MAJOR LIFE ACTIVITIES.
(c) D
OCUMENTATION OF A PLAN OR RECORD OF SERVICE FROM A
PRIVATE SCHOOL
, A LOCAL EDUCATION PROVIDER , AN INDIAN TRIBE OR
TRIBAL ORGANIZATION
, A STATE EDUCATION AGENCY, OR AN INSTITUTION
OF HIGHER EDUCATION PROVIDED PURSUANT TO SECTION
504 OR IN
ACCORDANCE WITH THE
ADA;
PAGE 5-SENATE BILL 25-087 (d) DOCUMENTATION OF A RECORD OR EVALUATION FROM A
QUALIFIED HEALTH
-CARE PROVIDER WHO IS KNOWLEDGEABLE ABOUT THE
STUDENT WITH A DISABILITY THAT CONFIRMS THAT THE STUDENT HAS A
DISABILITY
;
(e) D
OCUMENTATION OF A PLAN OR RECORD FROM ANOTHER
INSTITUTION OF HIGHER EDUCATION THAT DETERMINED THE STUDENT WITH
A DISABILITY WHO IS APPLYING FOR AN ACADEMIC ADJUSTMENT HAD A
QUALIFYING DISABILITY
;
(f) D
OCUMENTATION OF A DISABILITY DUE TO MILITARY SERVICE ; OR
(g) ADDITIONAL INFORMATION FROM A QUALIFIED HEALTH -CARE
PROVIDER WHO IS KNOWLEDGEABLE ABOUT THE STUDENT WITH A DISABILITY
AND CAN CLARIFY THE NEED FOR AN ACADEMIC ADJUSTMENT THAT MAY NOT
BE ADDRESSED IN SUBSECTIONS
(2)(a) TO (2)(f) OF THIS SECTION.
(3) (a) A
N INSTITUTION OF HIGHER EDUCATION MAY ESTABLISH LESS
BURDENSOME DOCUMENTATION CRITERIA TO DETERMINE WHETHER A
STUDENT WITH A DISABILITY MAY RECEIVE AN ACADEMIC ADJUSTMENT
.
(b) A
N INSTITUTION OF HIGHER EDUCATION MAY REQUEST UPDATED
DOCUMENTATION IF A STUDENT WITH A DISABILITY
:
(I) S
UBMITS DOCUMENTATION THAT LACKS REASONABLE DETAIL ;
(II) S
UBMITS DOCUMENTATION THAT IS OUTDATED BASED ON A
DIAGNOSIS THAT HAS CHANGED
; OR
(III) REQUESTS SUBSTANTIALLY NEW ACADEMIC ADJUSTMENTS .
(4) T
HIS PART 2 DOES NOT OVERRIDE FEDERAL LAW .
SECTION 3. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
PAGE 6-SENATE BILL 25-087 November 2026 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________ ____________________________
James Rashad Coleman, Sr. Julie McCluskie
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Esther van Mourik Vanessa Reilly
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 7-SENATE BILL 25-087