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" means modifications to
Page 2, Line 7academic requirements to ensure equal educational
Page 2, Line 8opportunities and does not include changes that fundamentally alter the content of academic programs.
Page 2, Line 9(2) "Americans with Disabilities Act of 1990" or "ADA"
Page 3, Line 1means the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq.
Page 3, Line 2(3) "Individualized education program" or "IEP" means a
Page 3, Line 3written statement for a student with a disability that is
Page 3, Line 4developed, reviewed, and revised in accordance with the federal
Page 3, Line 5"Individuals with Disabilities Education Act", 20 U.S.C. sec. 1400 et seq.
Page 3, Line 6(4) "Institution of higher education" means a state
Page 3, Line 7institution of higher education, as defined in section 23-18-102,
Page 3, Line 8or an accredited campus of a state institution of higher
Page 3, Line 9education; a private institution of higher education, as defined
Page 3, Line 10in section 23-18-102, that receives federal funding; a local
Page 3, Line 11district college, as defined in section 23-71-102; or an area technical college, as defined in section 23-60-103.
Page 3, Line 12(5) "Local education provider" means a school district, a
Page 3, Line 13charter school authorized pursuant to part 1 of article 30.5 of
Page 3, Line 14title 22, an institute charter school authorized by the state
Page 3, Line 15charter school institute pursuant to part 5 of article 30.5 of
Page 3, Line 16title 22, a board of cooperative services created and operating
Page 3, Line 17pursuant to article 5 of title 22, a public authority or board of
Page 3, Line 18education managing a public school in another state, or a facility school approved pursuant to section 22-2-407.
Page 3, Line 19(6) "Section 504" means section 504 of the federal "Rehabilitation Act of 1973", 29 U.S.C. sec. 701 et seq.
Page 3, Line 20(7) "Section 504 plan" means a plan established pursuant
Page 3, Line 21to section 504 that provides guidance and support for a student
Page 3, Line 22with a disability.
Page 4, Line 1(8) "State education agency" means the department of
Page 4, Line 2education created in section 24-1-115 or an agency primarily
Page 4, Line 3responsible for the state supervision of public elementary schools and secondary schools in another state.
Page 4, Line 4(9) "Student with a disability" means a prospective, an
Page 4, Line 5admitted, or an enrolled student who meets the definition of an
Page 4, Line 6"individual with a disability" pursuant to the federal
Page 4, Line 7"Americans with Disabilities Act of 1990" or pursuant to section 504.
Page 4, Line 823-1-202. Policy - process - students with disabilities -
Page 4, Line 9dissemination of policy. (1) Each institution of higher education
Page 4, Line 10shall create and adopt a policy and a process to support the
Page 4, Line 11ability of a student with a disability to voluntarily
Page 4, Line 12self-disclose the student's disability and to engage in an
Page 4, Line 13interactive process with the institution of higher education to receive an academic adjustment.
Page 4, Line 14(2) The policy created and adopted pursuant to subsection (1) of this section must, at a minimum, include information that:
Page 4, Line 15(a) Describes the process the institution of higher
Page 4, Line 16education uses to determine whether a student is eligible for an academic adjustment;
Page 4, Line 17(b) Outlines the documentation described in section
Page 4, Line 1823-1-203 (2) that the institution of higher education may request
Page 4, Line 19to determine whether a student is eligible for an academic adjustment;
Page 4, Line 20(c) Provides information on the available disability
Page 4, Line 21resources and academic adjustments provided to students with disabilities; and
Page 5, Line 1(d) Describes an appeals process for academic adjustment decisions that focuses on documentary review.
Page 5, Line 2(3) Each institution of higher education shall publish the
Page 5, Line 3policy described in subsection (1) of this section on the institution of higher education's website in an accessible format.
Page 5, Line 423-1-203. Academic adjustments - documentation. (1) An
Page 5, Line 5institution of higher education may request documentation, as
Page 5, Line 6described in subsection (2) of this section, to determine whether
Page 5, Line 7a student with a disability is eligible for an academic adjustment.
Page 5, Line 8(2) For an institution of higher education to determine
Page 5, Line 9whether a student with a disability is eligible for an academic
Page 5, Line 10adjustment as described in subsection (1) of this section, a
Page 5, Line 11student with a disability may submit one of the following to an institution of higher education:
Page 5, Line 12(a) Documentation that the student with a disability has
Page 5, Line 13or had an individualized education program that includes a
Page 5, Line 14stated disability. The IEP does not automatically qualify a
Page 5, Line 15student with a disability for the same accommodations in higher
Page 5, Line 16education if the IEP lacks relevant diagnostic details or does
Page 5, Line 17not describe how the student's disability limits one or more major life activities.
Page 5, Line 18(b) Documentation that the student with a disability
Page 5, Line 19received services or reasonable accommodations pursuant to a
Page 5, Line 20section 504 plan that includes a stated disability. The section
Page 5, Line 21504 plan does not automatically qualify a student with a
Page 6, Line 1disability for the same accommodations in higher education if
Page 6, Line 2the section 504 plan lacks relevant diagnostic details or does
Page 6, Line 3not describe how the student's disability limits one or more major life activities.
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) (a) An institution of higher education may establish
Page 6, Line 20less burdensome documentation criteria to determine whether
Page 6, Line 21a student with a disability may receive an academic adjustment.
Page 7, Line 1(b) An institution of higher education may request updated documentation if a student with a disability:
Page 7, Line 2(I) Submits documentation that lacks reasonable detail;
Page 7, Line 3(II) Submits documentation that is outdated based on a diagnosis that has changed; or
Page 7, Line 4(III) Requests substantially new academic adjustments.
(4) This part 2 does not override federal law.
Page 7, Line 5SECTION 2. Act subject to petition - effective date. This act
Page 7, Line 6takes effect at 12:01 a.m. on the day following the expiration of the
Page 7, Line 7ninety-day period after final adjournment of the general assembly; except
Page 7, Line 8that, if a referendum petition is filed pursuant to section 1 (3) of article V
Page 7, Line 9of the state constitution against this act or an item, section, or part of this
Page 7, Line 10act within such period, then the act, item, section, or part will not take
Page 7, Line 11effect unless approved by the people at the general election to be held in
Page 7, Line 12November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.