In this edition of Policy Perspective, ADVOCACYDENVER shares some details on the second of two proposed pieces of legislation that would provide additional protection’s for students in Colorado. ADVOCACYDENVER stands in support of this legislation.
A group of federal laws establish the rights and protections for students with disabilities who attend public schools. These include Section 504 of the Rehabilitation Act of 1973 (Section 504), the Individuals with Disabilities Education Act (IDEA), and the Americans with Disabilities Act (ADA). Since their enactment, these laws have been clarified in numerous decisions by federal district courts and the U.S. Supreme Court and in rules and regulations issued by the federal government. Collectively, federal law provides robust, though certainly imperfect, guidance and requirements for schools as they provide a free and appropriate education (FAPE) to each student with a disability from ages 3 to 21. Further, federal law provides clear accountability processes for students and their families to use when schools fail to meet their obligations for students with disabilities.
The earliest of the laws above, Section 504, establishes fundamental civil rights for students with disabilities:
“No otherwise qualified individual with a disability in the United States… shall solely by reason of her or his disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance…” 29 USC 794(a).
Since the creation of the U.S. Department of Education (ED) in 1980, complaints about violations of these civil rights have been investigated and resolved by the Office for Civil Rights (OCR), a unit within the ED. The complaint process through OCR is notoriously slow and has been backlogged for many years. Cuts to the ED and OCR by the current administration, along with its shifts in federal priorities, have further exacerbated the challenge of resolving OCR complaints. By the government’s own reporting, OCR received over 9,200 new complaints between March and September 2025 and opened investigations on only 635 of those complaints. During this same period, OCR resolved over 7,000 backlogged cases. About 90 percent of the dated cases were not actually resolved. Rather, ED outright dismissed these cases.
Aside from submitting complaints to OCR, families have the option of pursuing civil litigation in federal court against schools that violate anti-discrimination laws. Doing so usually requires families to put up substantial financial resources and to find an attorney who specializes in education law. As such, families who are marginalized are rarely able to pursue this option.
Four members of the Colorado General Assembly, Senator Chris Kolker (D-Arapahoe & Jefferson Counties), Senator Janice Marchman (D-Boulder & Larimer Counties), Representative Jennifer Bacon (D-Denver), and Representative Jacque Phillips (D-Adams County) are putting forth a bill this session to help provide Colorado’s students with disabilities and their families the opportunity to pursue state-level enforcement of the civil rights established in Section 504. SB26-125: Disability Rights Protections in Public Schools, if enacted, would enshrine these civil rights in state law and provide state-level procedures to follow when students and families experience discrimination based on disability in public schools in Colorado.
Bill sponsor Senator Chris Kolker has stated,
The federal government has decimated the oversight and investigation pathways for 504 and ADA complaints. Now, Colorado will step in to protect the rights of our disabled students and staff by enshrining these protections into our state law. This bill is paramount for the protection of those with disabilities in our public education system, and I am proud to be a co-sponsor.
Specifically, SB26-125 would:
- Establish in state law the rights and protections granted to students with disabilities by Section 504, IDEA, and the ADA. The rights and protections enumerated in these federal laws are more specific and, at times, extend beyond what is currently written into state law.
- Require districts to establish a grievance process for disability-related discrimination complaints they receive. Following the grievance procedures articulated in Section 504 fulfills this requirement.
- Require schools to investigate and intervene in cases of disability-based harassment.
- Gives the Colorado Department of Education the authority to investigate and resolve complaints of disability-based discrimination in public schools. Students and families may submit a complaint after completing a district’s grievance process or if the district has not resolved the grievance within 60 days.
- Allows the Colorado Department of Education to implement corrective measures and conduct monitoring for compliance if a district is found to be in violation.
- Requires each school district to provide annual training on disability rights to relevant staff on an annual basis.
The Senate Education Committee unanimously passed SB26-125 in March, and the bill has been waiting to be heard by the Senate Appropriations Committee since that time. Given the state’s budget challenges this year, the Appropriations Committee may be challenged to find the funding for the bill’s relatively meager $668,000 price tag.
ADVOCACYDENVER is in strong support of SB26-125. Our reasons for doing so, which are consistent with our reasons for supporting HB26-1141, include:
- The bill would make up for a serious gap in the enforcement of federal laws that prohibit disability-based discrimination in public schools. The bill would do so by both enshrining federally established civil rights and protections into state law and by creating a process for resolving complaints at the state level. This process helps to ensure that students with disabilities in Colorado are welcome, safe, and well-served in our schools.
- By starting with a grievance process, the bill would provide all Colorado families, regardless of background, with a more accessible point of entry into resolution of disability-based discrimination complaints.
- The grievance process will allow for collective problem-solving and serves to promote collaborative relationships between families and schools. Students and families are tethered to the same schools for years at a time. Grievance processes can help to avoid the development of contempt between families and schools that can linger on and on. That said, when families feel the discrimination is severe enough and blatant enough, they can forego the grievance process and enter the formal complaint process right away.
- Grievance processes conduced at a district level are far less expensive than ongoing investigations and litigation. As such, the bill would possibly save districts and families a substantial amount of money over time.
Finally, the bill would not preclude any federal or civil action. State processes would be put on hold should any federal investigation start. - Families would still be able to pursue civil litigation against school districts should they feel it is warranted.
ADVOCACYDENVER is concerned by the presumption in the bill’s fiscal note that the legislation excludes Colorado’s Universal Preschool Program. Section 504 and IDEA are explicit on this matter: All public school programs that receive federal financial assistance may not discriminate against students with disabilities between the ages of 3 and 21. While excluding the Universal Preschool Program from the provisions or SB26-125 would save costs for the state, doing so violates a core tenet of existing federal law.
Note from the Executive Director: The Colorado Department of Early Childhood proposed a fiscal note of 1 million dollars in order for the supervising agency and preschool sites to develop nondiscrimination policies and procedures in relation to children with disabilities. According to the 2023 Memorandum of Understanding between the Colorado Department of Education and the Colorado Department of Early Childhood Education, these nondiscrimination policies and procedures should already be in place, and all preschool staff should have received training. ADVOCACYDENVER is concerned that with their testimony, The Colorado Department of Early Childhood admits that they are not in compliance with state and federal law.
https://www.cde.state.co.us/communications/mou-cde-cdec-preschoolspecialeducationservices
Pamela Bisceglia, Executive Director
ADVOCACYDENVER
Policy Perspective is a publication of ADVOCACYDENVER. If you have any questions, please contact Paul Baumann, Policy Outreach Specialist, at pbaumann@advocacydenver.org or 303.974.2535.