A Bill for an Act
Page 1, Line 101Concerning establishing academic adjustments for students
Page 1, Line 102with disabilities in institutions of higher education.
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:
- 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.
- During the student application process;
- During student orientation;
- In academic catalogues; and
- On the institution's website.
Each institution shall distribute the policy in an accessible format to applicants, students, parents, and faculty. The institution shall make the policy available:
The bill describes the documentation that an admitted or enrolled student may submit to an institution to request an academic adjustment.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, add part 2 to article 1 of title 23 as follows:
Page 2, Line 3PART 2
ACADEMIC ADJUSTMENTS
Page 2, Line 4IN HIGHER EDUCATION FOR
STUDENTS WITH DISABILITIES
Page 2, Line 523-1-201. Definitions.As used in this part 2, unless the context otherwise requires:
Page 2, Line 6(1) "Academic adjustment" has the same meaning as set forth in 34 C.F.R. sec. 104.44.
Page 2, Line 7(2) "Americans with Disabilities Act of 1990" or "ADA"
Page 2, Line 8means the federal "Americans with Disabilities Act of 1990", 42
Page 2, Line 9U.S.C. sec. 12101 et seq.
Page 3, Line 1(3) "Individualized education program" or "IEP" means a
Page 3, Line 2written statement for a student with a disability that is
Page 3, Line 3developed, reviewed, and revised in accordance with the federal
Page 3, Line 4"Individuals with Disabilities Education Act", 20 U.S.C. sec. 1400 et seq.
Page 3, Line 5(4) "Institution of higher education" means a state
Page 3, Line 6institution of higher education, as defined in section 23-18-102,
Page 3, Line 7or an accredited campus of a state institution of higher
Page 3, Line 8education; a private institution of higher education, as defined
Page 3, Line 9in section 23-18-102, that receives federal funding; a local
Page 3, Line 10district college, as defined in section 23-71-102; or an area technical college, as defined in section 23-60-103.
Page 3, Line 11(5) "Local education provider" means a school district, a
Page 3, Line 12charter school authorized pursuant to part 1 of article 30.5 of
Page 3, Line 13title 22, an institute charter school authorized by the state
Page 3, Line 14charter school institute pursuant to part 5 of article 30.5 of
Page 3, Line 15title 22, a board of cooperative services created and operating
Page 3, Line 16pursuant to article 5 of title 22, a public authority or board of
Page 3, Line 17education managing a public school in another state, or a facility school approved pursuant to section 22-2-407.
Page 3, Line 18(6) "Section 504" means section 504 of the federal "Rehabilitation Act of 1973", 29 U.S.C. sec. 701 et seq.
Page 3, Line 19(7) "Section 504 plan" means a plan established pursuant
Page 3, Line 20to section 504 that provides guidance and support for a student with a disability.
Page 3, Line 21(8) "State education agency" means the department of
Page 3, Line 22education created in section 24-1-115 or an agency primarily
Page 4, Line 1responsible for the state supervision of public elementary schools and secondary schools in another state.
Page 4, Line 2(9) "Student with a disability" means an admitted or
Page 4, Line 3enrolled student who meets the definition of an "individual with
Page 4, Line 4a disability" pursuant to the federal "Americans with Disabilities Act of 1990" or pursuant to section 504.
Page 4, Line 523-1-202. Policy - process - students with disabilities -
Page 4, Line 6dissemination of policy. (1) Each institution of higher education
Page 4, Line 7shall create and adopt a policy and a process to support the
Page 4, Line 8ability of a student with a disability to self-disclose the
Page 4, Line 9student's disability to receive an academic adjustment from the institution of higher education.
Page 4, Line 10(2) The policy created and adopted pursuant to subsection (1) of this section must, at a minimum, include information that:
Page 4, Line 11(a) Describes the process the institution of higher
Page 4, Line 12education uses to determine whether a student is eligible for an academic adjustment;
Page 4, Line 13(b) Outlines the documentation described in section
Page 4, Line 1423-1-203 (2) that the institution of higher education may request
Page 4, Line 15to determine whether a student is eligible for an academic adjustment;
Page 4, Line 16(c) Provides information on the available disability
Page 4, Line 17resources and academic adjustments provided to students with disabilities; and
Page 4, Line 18(d) Describes a grievance procedure for students who
Page 4, Line 19dispute a decision made by the institution of higher education
Page 4, Line 20related to a request for an academic adjustment.
Page 5, Line 1(3) Each institution of higher education shall distribute
Page 5, Line 2the policy to applicants, students, parents, and faculty in an
Page 5, Line 3accessible format. The institution of higher education shall make the policy available:
Page 5, Line 4(a) During the student application process;
(b) During student orientation;
Page 5, Line 5(c) In academic catalogues; and
(d) On the institution of higher education's website.
Page 5, Line 623-1-203. Academic adjustments - documentation. (1) An
Page 5, Line 7institution of higher education may request documentation, as
Page 5, Line 8described in subsection (2) of this section, to determine whether
Page 5, Line 9a student with a disability is eligible for an academic adjustment.
Page 5, Line 10(2) For an institution of higher education to determine
Page 5, Line 11whether a student with a disability is eligible for an academic
Page 5, Line 12adjustment as described in subsection (1) of this section, a
Page 5, Line 13student with a disability may submit one of the following to an institution of higher education:
Page 5, Line 14(a) Documentation that the student with a disability has
Page 5, Line 15or had an individualized education program that includes a
Page 5, Line 16stated disability. The institution of higher education may
Page 5, Line 17request additional documentation from the student with a
Page 5, Line 18disability if the IEP was not in effect immediately before the date the student with a disability left high school.
Page 5, Line 19(b) Documentation that the student with a disability
Page 5, Line 20received services or reasonable accommodations pursuant to a
Page 5, Line 21section 504 plan that includes a stated disability. The
Page 6, Line 1institution of higher education may request additional
Page 6, Line 2documentation from the student with a disability if the section
Page 6, Line 3504 plan was not in effect immediately before the date the student with a disability left high school.
Page 6, Line 4(c) Documentation of a plan or record of service from a
Page 6, Line 5private school, a local education provider, an Indian tribe or
Page 6, Line 6tribal organization, a state education agency, or an institution
Page 6, Line 7of higher education provided pursuant to section 504 or in accordance with the ADA;
Page 6, Line 8(d) Documentation of a record or evaluation from a
Page 6, Line 9qualified health-care provider who is knowledgeable about the
Page 6, Line 10student with a disability that confirms that the student has a disability;
Page 6, Line 11(e) Documentation of a plan or record from another
Page 6, Line 12institution of higher education that determined the student
Page 6, Line 13with a disability who is applying for an academic adjustment had a qualifying disability;
Page 6, Line 14(f) Documentation of a disability due to military service; or
Page 6, Line 15(g) Additional information from a qualified health-care
Page 6, Line 16provider who is knowledgeable about the student with a
Page 6, Line 17disability and can clarify the need for an academic adjustment
Page 6, Line 18that may not be addressed in subsections (2)(a) to (2)(f) of this section.
Page 6, Line 19(3) An institution of higher education may establish less
Page 6, Line 20burdensome documentation criteria to determine whether a
Page 6, Line 21student with a disability may receive an academic adjustment.
Page 7, Line 1SECTION 2. Act subject to petition - effective date. This act
Page 7, Line 2takes effect at 12:01 a.m. on the day following the expiration of the
Page 7, Line 3ninety-day period after final adjournment of the general assembly; except
Page 7, Line 4that, if a referendum petition is filed pursuant to section 1 (3) of article V
Page 7, Line 5of the state constitution against this act or an item, section, or part of this
Page 7, Line 6act within such period, then the act, item, section, or part will not take
Page 7, Line 7effect unless approved by the people at the general election to be held in
Page 7, Line 8November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.