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. Legislative declaration. (1) (a) The general assembly finds and declares that:
Page 2, Line 3(I) In accordance with federal law, Colorado law requires
Page 2, Line 4institutions of higher education to evaluate whether students with
Page 2, Line 5disabilities qualify for an academic adjustment by reviewing
Page 2, Line 6documentation, including existing individualized education programs and section 504 plans;
Page 2, Line 7(II) While many institutions of higher education have review
Page 2, Line 8processes in place, inconsistencies and a lack of clarity in the review
Page 2, Line 9process and implementation of the review process may impede effective support for admitted or enrolled students with disabilities;
Page 2, Line 10(III) Based on feedback from students, faculty, and advocacy
Page 2, Line 11groups, there is a need for a clear, standardized process for institutions of
Page 3, Line 1higher education to review documents, including existing individualized
Page 3, Line 2education programs and section 504 plans, to determine whether a student qualifies for an academic adjustment;
Page 3, Line 3(IV) Enhancing clarity and transparency in the document review
Page 3, Line 4process to determine whether students with disabilities qualify for
Page 3, Line 5academic adjustments will improve the academic success and the well-being of enrolled students with disabilities; and
Page 3, Line 6(V) This act creates a transparent document review process for
Page 3, Line 7students with disabilities to understand and determine whether they
Page 3, Line 8qualify for academic adjustments while maintaining the authority of
Page 3, Line 9institutions of higher education to make the final determination as to whether a student with a disability qualifies for academic adjustments.
Page 3, Line 10(b) The general assembly finds, therefore, that it is necessary to:
Page 3, Line 11(I) Clarify the processes institutions of higher education use to
Page 3, Line 12review documentation, including existing individualized education
Page 3, Line 13programs and section 504 plans, to determine whether admitted or enrolled students with disabilities qualify for academic adjustments;
Page 3, Line 14(II) Ensure that the processes described in subsection (1)(b)(I) of this section do not create barriers for students with disabilities;
Page 3, Line 15(III) Implement accountability measures for an institution of
Page 3, Line 16higher education to fulfill its responsibilities by providing a description of the appeals process that focuses on documentary review; and
Page 3, Line 17(IV) Promote the alignment of state and federal law.
Page 3, Line 18SECTION 2. In Colorado Revised Statutes, add part 2 to article 1 of title 23 as follows:
Page 3, Line 19PART 2
Page 3, Line 20ACADEMIC ADJUSTMENTS
IN HIGHER EDUCATION FOR
Page 4, Line 1STUDENTS WITH DISABILITIES
Page 4, Line 223-1-201. Definitions.As used in this part 2, unless the context otherwise requires:
Page 4, Line 3(1) "Academic adjustment" means modifications to
Page 4, Line 4academic requirements, as described in 34 C.F.R. sec. 104.44, to
Page 4, Line 5ensure equal educational opportunities. "Academic adjustment"
Page 4, Line 6does not include changes that fundamentally alter the content of academic programs.
Page 4, Line 7(2) "Americans with Disabilities Act of 1990" or "ADA"
Page 4, Line 8means the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq.
Page 4, Line 9(3) "Individualized education program" or "IEP" means a
Page 4, Line 10written statement for a student with a disability that is
Page 4, Line 11developed, reviewed, and revised in accordance with the federal
Page 4, Line 12"Individuals with Disabilities Education Act", 20 U.S.C. sec. 1400 et seq.
Page 4, Line 13(4) "Institution of higher education" means a state
Page 4, Line 14institution of higher education, as defined in section 23-18-102,
Page 4, Line 15or an accredited campus of a state institution of higher
Page 4, Line 16education; a private institution of higher education, as defined
Page 4, Line 17in section 23-18-102, that receives federal funding; a local
Page 4, Line 18district college, as defined in section 23-71-102; or an area technical college, as defined in section 23-60-103.
Page 4, Line 19(5) "Local education provider" means a school district, a
Page 4, Line 20charter school authorized pursuant to part 1 of article 30.5 of
Page 4, Line 21title 22, an institute charter school authorized by the state
Page 5, Line 1charter school institute pursuant to part 5 of article 30.5 of
Page 5, Line 2title 22, a board of cooperative services created and operating
Page 5, Line 3pursuant to article 5 of title 22, a public authority or board of
Page 5, Line 4education managing a public school in another state, or a facility school approved pursuant to section 22-2-407.
Page 5, Line 5(6) "Section 504" means section 504 of the federal "Rehabilitation Act of 1973", 29 U.S.C. sec. 701 et seq.
Page 5, Line 6(7) "Section 504 plan" means a plan established pursuant
Page 5, Line 7to section 504 that provides guidance and support for a student with a disability.
Page 5, Line 8(8) "State education agency" means the department of
Page 5, Line 9education created in section 24-1-115 or an agency primarily
Page 5, Line 10responsible for the state supervision of public elementary schools and secondary schools in another state.
Page 5, Line 11(9) "Student with a disability" means an admitted oran
Page 5, Line 12enrolled student who meets the definition of an "individual with
Page 5, Line 13a disability" pursuant to the federal "Americans with Disabilities Act of 1990" or pursuant to section 504.
Page 5, Line 1423-1-202. Policy - process - students with disabilities -
Page 5, Line 15dissemination of policy. (1) Each institution of higher education
Page 5, Line 16shall create and adopt a policy and a process to support the
Page 5, Line 17ability of a student with a disability to voluntarily
Page 5, Line 18self-disclose the student's disability and to engage in an
Page 5, Line 19interactive process with the institution of higher education to receive an academic adjustment.
Page 5, Line 20(2) The policy created and adopted pursuant to subsection
Page 5, Line 21(1) of this section must, at a minimum, include information that:
Page 6, Line 1(a) Describes the process the institution of higher
Page 6, Line 2education uses to determine whether a student is eligible for an academic adjustment;
Page 6, Line 3(b) Outlines the documentation described in section
Page 6, Line 423-1-203 (2) that the institution of higher education may request
Page 6, Line 5to determine whether a student is eligible for an academic adjustment;
Page 6, Line 6(c) Provides information on the available disability
Page 6, Line 7resources and academic adjustments provided to students with disabilities; and
Page 6, Line 8(d) Describes an appeals process for academic adjustment decisions that focuses on documentary review.
Page 6, Line 9(3) Each institution of higher education shall publish the
Page 6, Line 10policy described in subsection (1) of this section on the institution of higher education's website in an accessible format.
Page 6, Line 1123-1-203. Academic adjustments - documentation. (1) An
Page 6, Line 12institution of higher education may request documentation, as
Page 6, Line 13described in subsection (2) of this section, to determine whether
Page 6, Line 14a student with a disability is eligible for an academic adjustment.
Page 6, Line 15(2) As part of its review to determine whether a student
Page 6, Line 16with a disability is eligible for an academic adjustment as
Page 6, Line 17described in subsection (1) of this section, an institution of
Page 6, Line 18higher education may consider one of the following documents
Page 6, Line 19to substantiate the student with a disability's request for an academic adjustment:
Page 6, Line 20(a) Documentation that the student with a disability has
Page 7, Line 1or had an individualized education program that includes a
Page 7, Line 2stated disability. The IEP does not automatically qualify a
Page 7, Line 3student with a disability for an academic adjustment in higher
Page 7, Line 4education if the IEP lacks relevant diagnostic details or does
Page 7, Line 5not describe how the student's disability limits one or more major life activities.
Page 7, Line 6(b) Documentation that the student with a disability
Page 7, Line 7received services or reasonable accommodations pursuant to a
Page 7, Line 8section 504 plan that includes a stated disability. The section
Page 7, Line 9504 plan does not automatically qualify a student with a
Page 7, Line 10disability for an academic adjustment in higher education if the
Page 7, Line 11section 504 plan lacks relevant diagnostic details or does not
Page 7, Line 12describe how the student's disability limits one or more major life activities.
Page 7, Line 13(c) Documentation of a plan or record of service from a
Page 7, Line 14private school, a local education provider, an Indian tribe or
Page 7, Line 15tribal organization, a state education agency, or an institution
Page 7, Line 16of higher education provided pursuant to section 504 or in accordance with the ADA;
Page 7, Line 17(d) Documentation of a record or evaluation from a
Page 7, Line 18qualified health-care provider who is knowledgeable about the
Page 7, Line 19student with a disability that confirms that the student has a disability;
Page 7, Line 20(e) Documentation of a plan or record from another
Page 7, Line 21institution of higher education that determined the student
Page 7, Line 22with a disability who is applying for an academic adjustment had
Page 7, Line 23a qualifying disability;
Page 8, Line 1(f) Documentation of a disability due to military service; or
Page 8, Line 2(g) Additional information from a qualified health-care
Page 8, Line 3provider who is knowledgeable about the student with a
Page 8, Line 4disability and can clarify the need for an academic adjustment
Page 8, Line 5that may not be addressed in subsections (2)(a) to (2)(f) of this section.
Page 8, Line 6(3) (a) An institution of higher education may establish
Page 8, Line 7less burdensome documentation criteria to determine whether a student with a disability may receive an academic adjustment.
Page 8, Line 8(b) An institution of higher education may request updated documentation if a student with a disability:
Page 8, Line 9(I) Submits documentation that lacks reasonable detail;
Page 8, Line 10(II) Submits documentation that is outdated based on a diagnosis that has changed; or
Page 8, Line 11(III) Requests substantially new academic adjustments.
(4) This part 2 does not override federal law.
Page 8, Line 12SECTION 3. Act subject to petition - effective date. This act
Page 8, Line 13takes effect at 12:01 a.m. on the day following the expiration of the
Page 8, Line 14ninety-day period after final adjournment of the general assembly; except
Page 8, Line 15that, if a referendum petition is filed pursuant to section 1 (3) of article V
Page 8, Line 16of the state constitution against this act or an item, section, or part of this
Page 8, Line 17act within such period, then the act, item, section, or part will not take
Page 8, Line 18effect unless approved by the people at the general election to be held in
Page 8, Line 19November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.