from the desk of Pamela Bisceglia, Executive Director

As I ready this E-Voice for print, Coloradoans are still sorting out the flurry of final changes made to the Long Bill by Colorado lawmakers. We live in one of the wealthiest states and yet we made profound cuts to Medicaid in order to balance the budget. The cuts to public benefits disproportionately impact children and adults with intellectual and developmental disabilities. Among the budget drivers that Colorado lawmakers and Joint Budget Committee point to each year are Colorado taxpayer policies (Tabor and Gallagher); opinion in relation to these policies will need to wait for another day—shared over dark chocolate outside of the workday.

I had an opportunity to reflect on different publications, letters, concerns, recommendations, writings that ADVOCACYDENVER has issued over the last decade in relation to Health Care Policy and Financing (HCPF), the state’s department that runs Medicaid. May 2023, we published an E-Voice that discussed HCPF’s launch of their new IT system and Care and Case Management System (CCMS). To date, the contractor for this project is still trying to correct the system. HCPF has paid between 20 and 30 million dollars for a system that is not yet completely functional. The contractor has not met their obligation, and HCPF does not demand a remedy.

Boots on the ground advocates, advocacy leaders and parents were not aware of many of the gross errors in HCPF spending until legislative hearings for this budget cycle. ADVOCACYDENVER was focused on a list of HCPF blunders that impact children and adults with disabilities. Among the items on our list:

• Phase I case management redesign in the metro area. Phase I rolled out with deep and broadly consequential flaws. HCPF forbid case management agencies from providing any written information to their clients. HCPF sent written information at the last minute. After assigning clients to the wrong case management agency HCPF realized that counties share zip codes, As a result, HCPF had assigned a significant number of children and adults to the wrong case management agencies. 
• Beginning November 2023, HCPF inappropriately removed thousands of individuals from long term disability Medicaid rolls.  This error resulted in a domino effect that led to asignificant backlog in case management and county intake, escalations and appeals.

Disability advocates asked HCPF to wait until the case management system was stable before introducing any further changes. After initially agreeing that they would not implement changes that would further destabilize the system, they continued to rush to implement additional changes. 

October 22, 2024, AdvocacyDenver sent an email on behalf of a list of stakeholders to the Governor’s office and copied to the Joint Budget Committee “JBC” that outlined ongoing concerns with HCPF. Advocates, parents, and other disability agencies provided recommendations to resolve stated issues. First and foremost, the community asked that:

The Governor/Joint Budget Committee assign a Special Master to monitor HCPF and that that person(s) report to the Governor and the Joint Budget Committee. That person should have the authority to correct HCPF, and demand that HCPF provide a Corrective Action Plan and provide bi-weekly reports of progress in meeting the objectives defined in the plan. . .

The Governor’s office sang their praises of HCPF but encouraged ongoing discussion and collaboration. We saw little substantive difference as a result. What was different was that Kim Bimestefer, HCPF Executive Director, started to attend some meetings with parents and advocacy leaders with Bonnie Silva, Director, Office of Community Living.   

On March 17, 2025, the Colorado chapters of The Arc issued the following statement:

We anticipate that Medicaid funding will be cut at a national as well as a state level. Members of the disability community, including persons with lived experience and boots on the ground advocates believe it is important that we have a voice at the table in terms of potential cuts/restructure. In addition, we want to identify the “nonnegotiable”, areas where we advocate that Medicaid funding remain constant. Recommendations speak to services for Medicaid eligible individuals’ birth through life. 

• No caps on waivers
• Payment for medication, physical health services
• Home health services
• No cuts in provider rates

Kim Bimestefer was silent. Bonnie Silva asserted that the Governor provided their marching order. In JBC meetings HCPF asserted that children and adults with intellectual and developmental disabilities cost the most per client/member and consume the larger share of HCPF funds such was the reason that decisions disproportionately impact that community. Ms. Silva and other government leaders begin a narrative that families were misusing the system. The narrative that Ms. Silva and Ms. Bimestefer did not forward was the gross mismanagement under their leadership. 

Starting July 1, HCPF will be instituting cuts that disproportionately impact members of the IDD community. At the time of this publication, the most painful cuts that have been approved include: 

• A 56-hour weekly cap for family caregivers. HCPF will allow case management agencies to make limited exceptions. Other exceptions will have to be submitted and approved by HCPF. Word on the street is HCPF will not approve any exceptions.
• IDD waitlist “churn” slowdown. Two people will need to come off the IDD waiver (move to another state or die) before one person can move off the waitlist.

February 27, 2019, The Arc of Colorado and volunteers placed 2,900 flags on the grounds of Colorado Capitol to represent each adult with an intellectual and developmental disability on the waitlist. Today there are 2,800 on the waitlist with the potential to double due to the 2026 budget cuts.

ADVOCACYDENVER asserts that a constant issue in relation to HCPF leadership has been centered around transparency and accountability. These issues were prominent during the Joint Budget Committee special sessions beginning Spring 2025, to date. In past years HCPF leadership was able to shmooze their way through hearings and argue about the need for additional staff funding with the Joint Budget Committee. This year much of the discussions and questions pointed to the lack of accountability and multimillion dollar errors:

• Erroneous removal of 575,605 Coloradans from the state Medicaid system between May 2023-May 2024.
• Overpayment of hundreds of millions of dollars for non-emergency transportation between 2021 and 2024. HCPF reimbursed providers at10 times rates they should have paid out and ignored alerts from these same providers.
• Overpayment of non-wheelchair transportation providers at an additional cost of 33 million dollars in the 2025-2026 budget.
• An estimated 77.8 million improper payment for Applied Behavioral Analysis.

In April 2026, Kim Bimestefer resigned from HCPF under threat of a vote of “no confidence” by the legislature. The Governor names Gretchen Hammer as the interim executive director. Ms. Hammer will have her work cut out for her as she tries to turn the Titanic around. The Joint Budget Committee provided full time allocations so that HCPF can try to recover overspending/overpayment that was their making. In the meantime, our children and our adults will bear the fallout of HCPF’s overspending, lack of accountability and transparency.

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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.

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This edition of Policy Perspective, provides some details on one of two proposed pieces of legislation that would provide additional protection for students in Colorado. ADVOCACYDENVER stands in support of this legislation.

Federal and state laws protect Colorado’s students in PK-12 schools and institutions from discrimination across a wide range of characteristics. Among these laws, Title VI of the Civil Rights Act prohibits discrimination based on race, color, or national origin in all schools that receive federal funding. Title IX of the Education Amendments of 1972 prohibits sex-based discrimination in these same schools. The Colorado Anti-Discrimination Act and other state statutes prohibit discrimination in public schools that is based on disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, religion, or national origin.

Although these laws have been enacted for years, enforcement of these laws is notoriously slow, inconsistent, and costly for both families and school districts. Federal databases show that the Office of Civil Rights (OCR) in the U.S. Department of Education, which handles all discrimination complaints about schools for the federal government, currently has 223 open investigations for the state of Colorado alone. Some of these investigations were opened as far back as 2014. In fact, ADVOCACYDENVER has a complaint that has been pending since 2020. These delays have been further exacerbated by severe staffing cuts made at OCR by the Trump administration since January 2025.

Aside from submitting complaints to OCR, families have the option of pursuing civil litigation 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.

Two members of the Colorado General Assembly, Representative Jennifer Bacon (D-Denver) and Senator Chris Kolker (D-Arapahoe & Jefferson County) put forth a bill this session to help provide families and schools with tools to and enforcement procedures when they are discriminated against in the state’s public schools and universities. HB26-1141: Discriminatory Practices in Public Schools, if enacted, would allow state-level enforcement of anti-discrimination laws in ways that are currently not authorized in state law.

Specifically, HB26-1141:

• Defines and clarifies discriminatory education practice beyond what is currently contained in state law.
• Allows a person who is alleging discrimination in education in both public schools and higher education institutions to file a complaint with the Colorado Civil Rights Division.
• Allows the Colorado Civil Rights Division and the state Attorney General to file complaints on behalf of groups of students.
• Requires school districts to first offer families a mediation process before the Civil Rights Commission initiates an investigation into the complaint. Families may decline the mediation offer.
• Requires the Civic Rights Commission to coordinate with the Colorado Department of Education in investigating disputes, as well as determining and implementing how these disputes are to be resolved.
• Requires institutions of higher education to designate a Title VI coordinator and to establish procedures to resolve Title VI disputes.

The House Education Committee passed HB26-1141 in February, and the bill has been waiting to be heard by the House Appropriations Committee since that time. Given the state’s budget challenges this year, the Appropriations Committee may be hard pressed to find the funding for the bill’s relatively meager $815,000 price tag.

Colorado House Assistant Majority Leader and bill sponsor, Representative Jennifer Bacon (D-Denver) stated,

“Colorado schools should be a safe place for children to learn and grow, and if they experience discrimination based on their race, sexual orientation or disability, they should absolutely have a path to righting the wrongs made against them. This bill would create a positive learning environment and ensure access to the quality education that Colorado children deserve, uplifting all students and preparing them for success.”

“It’s really important for state governments to make up for the lack of federal enforcement by strengthening civil rights protections.”

ADVOCACYDENVER is in strong support of HB26-1141. Our reasons for doing so include:

• The bill would make up for a serious gap in federal enforcement of discrimination law in schools and universities by enacting a state process. This process helps to ensure that ALL of Colorado’s students are welcome, safe, and well-served in our schools.
• By starting with a mediation process, the bill would provide all Colorado families, regardless of background, with a more accessible point of entry into resolution of discrimination complaints. Families will not need to hire attorneys to file a claim or engage in mediation.
• Mediation also allows 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. Mediation can help to avoid the development of acrimonious relationships that can linger on and on. That said, when families feel the discrimination is severe enough and blatant enough, they can forego the mediation and enter the formal complaint process right away.
• The mediation process is 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.

In an upcoming issue of Policy Perspective, we will cover the companion bill to HB21-1141. SB-125: Disability Rights Protections in Public Schools would provide state-level protections to students with disabilities that are currently only available through federal law.

ADVOCACYDENVER encourages you to make sure that your voice is heard in the legislative process by writing or calling your state legislators. Tell your story about how legislative decisions will impact your life. To find the names and contact information for your state legislators, look here.

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.

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An Interview by Paul Baumann

For this issue of Policy Perspective, I had a conversation with Senator Judy Amabile (D-Boulder), a member of the Colorado General Assembly Joint Budget Committee (JBC). A primary responsibility of the JBC is to prepare the state’s budget for consideration by the Colorado House and Senate. Since the state is facing a budget shortfall of over $1 billion, the JBC will be making numerous budget cuts, including significant cuts to Medicaid. Senator Amabile and I focused our conversation on this issue of importance for Colorado’s disability community.

We have heard that significant cuts to Medicaid in Colorado are necessary and cannot be avoided. Can you please help us understand why this is the case?

We have a situation where Medicaid costs are growing a lot faster than our population plus inflation. It’s growing too fast for us to keep up without surpassing TABOR caps and crowding out everything else. “If we don’t do something, within a few years Medicaid costs will crowd out everything else in the budget.”

Colorado has expanded Medicaid benefits beyond what some other states do, and these expanded benefits are beyond what we can cover. For example, we pay family caregivers. Few states do this, and it results in fewer providers available through agencies in our state. Family caregivers may be better for many individuals, but we also need a provider network for people without family caregivers available to them.

Overall, we are not cutting people off from Medicaid, we are “just slowing growth… but to families, that’s a distinction without a difference.”

What are your priorities for Medicaid budget cuts? What should be preserved? Why?

I want to be sure “that we are spreading cuts across recipients… not all directed at one group.” It’s also important to me to make cuts “in a way that allows people to get the services they need to keep their kids healthy.”

I am particularly concerned about maintaining “robust mental health care” as a part of Medicaid. “I don’t want to go back to how it was, even 5 years ago.”

Would you please expand on that?

“There are smarter ways” for Colorado to go about providing mental health services. Right now, the state has mental health programs for teachers, for police, for children, for all these groups, and they all operate independently. I’d like for us to set up a “mental health system that serves all groups.” Take a look at other medical specialties, like cancer care. “There’s no cancer care that is only for the police, or children, or anyone else… Cancer care is cancer care.” We need that for mental health.

Mental health also has “parity problems” with other healthcare areas, even though the law says that reimbursement for mental health and substance use treatment services must be treated equally to physical health services.

We also have to be sure that we are spending Medicaid dollars effectively. For example, “talk therapy is often considered something that anyone can do. That’s not true.” Talk therapy requires deep expertise. “Not everyone can do it.” We need to recognize that when funding mental health services within Medicaid.

What would you like to say to an individual or family who faces uncertainty because of these cuts? How can they ensure their voices get heard in the budget process?

We need a plan from the Department of Health Care Policy and Financing (HCPF)—and a plan for a rollout. Announcing cuts day by day does not work. Families need time to be able to plan and “make adjustments… My heart breaks for these families.” They need some level of certainty.

We appreciate families showing up at hearings. “They make a difference.” So does meeting with legislators in person. Legislators and their staff are genuinely feeling for these families.

How can Colorado protect the long-term stability of Medicaid? Has HCPF presented a plan and are you satisfied with that plan?

We have seen “pieces of a plan” from HCPF, “but that’s not a plan… They are looking at different ways to roll things out.”

Members of the JBC “are trying to be thoughtful about what we are doing.” So is HCPF. “We are listening. We are hearing. We are making adjustments. At the end of the day, it is hard. It’s going to hurt.”

I appreciate the disability rights groups that have come to the table. They have helped us identify which cuts would be most harmful, and which would be less harmful.

What would you like to see as part of a Medicaid sustainability plan from HCPF?

I would like to see Colorado consider “utilization management tools” that help us control costs for the rest of the Medicaid population. An example of this could be a copay for certain types of services. This would encourage choices that save costs. For instance, a $10 copay for emergency room visits would likely encourage people to see a doctor in their office prior to needing an emergency room visit. That’s a significant cost savings. “We’re not doing that in Medicaid. We need to be creative.”

I would like to consider reorganizing HCPF, the Department of Human Services, and several other offices to promote efficiencies and less “siloing.” These departments all work independently but often on very similar concerns for clients. Better coordination would ensure efficiency where it is possible, which would bring about better care. “It’s not organized in the best way possible.”

Yes, there’s administrative bloat, fraud, abuse. We’re working on addressing these, which will bring some savings. But these savings alone “won’t bend the curve” enough to solve the shortfall we face.

As these and other bills move forward, a key part of committee hearings is public testimony. We encourage you to provide testimony for bills that are important to you. Look here to sign up to testify in person, remotely, or in writing.

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.

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Each year, the Colorado Legislature meets for a 120-day session to revise and create laws and to develop and adopt an annual budget for the state. Monday, March 16 marked the 60th day of the 2026 legislative session.

In this issue of The Policy Perspective, I want to share with you some of the current policy developments that are happening in our state legislature. Below you will find several mid-session highlights on several key issues that impact Colorado’s disability community.

2026-2027 Budget

Colorado faces a significant budget shortfall of nearly $1 billion for 2026-2027. Because of requirements in Colorado’s constitution, the legislature must approve a balanced budget and may not raise taxes without voter approval. As a result, the legislature will be making cuts this year and is severely limiting new spending.

Currently, the most significant proposed cuts to the state’s budget are directed at Medicaid.

Several disability community-serving organizations have released a Community Guide that contains recommendations for Medicaid spending in Colorado for 2026-2027. The Guide provides discussion of how budget changes will impact people with disabilities, families, and providers.

As budget discussions move forward in the legislature, ADVOCACYDENVER encourages you to make sure that your voice is heard in the budget process by writing or calling your state senators and representatives. Tell your story of how budget decisions will impact your life. To find the names and contact information for your state legislators, look here.

Senate and House Bills

ADVOCACYDENVER has been following and is in strong support of the following bills:

HB 26-1040 The Sterilization Rights of a Person with Intellectual and Developmental Disibilities

Colorado is one of only two states that allows forced sterilization of people with disabilities. This legislation would end this practice except in cases where there is an imminent threat to the individual’s life and health. This bill has passed the House and the Senate and should be sent to the Governor for signature in the near future.

HB26-1141 Discriminatory Practices in Public Schools

HB26-1141 institutes Title IV and Title VI of the Federal Civil Rights Act of 1964 into state law. In doing so, the law creates mechanisms for enforcement of civil rights protections at the state level.

This bill has been passed by the House Education Committee and is waiting to be heard by the House Finance Committee before consideration by the entire House.

HB26-1043 Transportation Network Company Discriminatory Practices

This bill would strengthen accountability and reporting for consumers’ complaints of discrimination when using transportation network companies, such as Uber and Lyft. These companies would be required to include on their apps a place where consumers can report complaints when they are denied a pickup by a driver. Companies then must provide monthly reports of these complaints to the state, with all personal information removed. The state may also fine companies should they discriminate against people with disabilities or fail to submit monthly reports.

This bill has passed committee and is waiting to be brought to the floor for consideration by the House.

HB26-1045 Disability Housing Protections

HB26-1045 would put protections into state law for renters who have service animals, including both assistance animals and emotional support animals. While such protections have previously existed at the federal level, this law would permit the state to enforce these protections.

This bill has passed the House and is waiting to be heard by the Senate Committee on Local Government & Housing.

HB26-1147 Host Home for People with Intellectual & Developmental Disabilities

HB26-1147 requires the state to create a database containing information about host homes and their service agencies. The database must be made available and accessible by host home providers, service agencies, and those looking for host homes. The bill requires HCPF to allow for submission of complaints on its website and to establish a process for tracking each complaint and its resolution.

This bill was passed by the House Health & Human Services Committee and is waiting to be heard by the House Appropriations Committee before moving to the full House.

SB26-125 Disability Rights Protections in Public Schools

SB26-125 puts federal laws relating to disability rights protections into state law. Specifically, SB26-125 incorporates Section 504 of the Rehabilitation Act of 1973 and the American with Disabilities Act. In doing so, the law requires mediation efforts at the local level prior to enforcement by the State Department of Education.

This bill has been passed by the Senate Education Committee and is waiting to be heard by the Senate Appropriations Committee before consideration by the full Senate.

As these and other bills move forward, a key part of committee hearings is public testimony. We encourage you to provide testimony for bills that are important to you. Look here to sign up to testify in person, remotely, or in writing.

Since joining ADVOCACYDENVER last September, I have spent much of my time tracking national, state, and local policy developments, especially those that are important to the disability community. I am thrilled to get do this work every day and see my role with ADVOCACYDENVER as a natural “next step” in my 30+ year career in education and state policy. As a parent of a child with a disability, I also have a personal commitment to the work that extends well beyond that of a “job.”

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.

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There are several dispute resolution options available to parents – one of which is a due process complaint. In this video, you will learn the basic mechanics behind the due process complaint.

También puedes ver esta presentación en español.

Download a PDF of this Presentation

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Existen varias opciones para la resolución de conflictos a disposición de los padres, una de las cuales es la queja por incumplimiento del debido proceso. En este video, aprenderá los aspectos básicos de este tipo de queja.

You can also view this webinar in English.

Descargue un PDF de esta presentación

The post Cómo Manejar las Quesjas de Debido Proceso appeared first on AdvocacyDenver.

from the desk of Pamela Bisceglia, Executive Director

November 29, 2025, we celebrate the 50th anniversary of Public Law 94-142 Education for all Handicapped Children Act and reauthorized in 1990 and 2004 as the Individuals with Disabilities Education Act. May 12, 2025, ADVOCACYDENVER celebrated our 71st anniversary. The Denver County Chapter was established in 1954, by parents to address the lack of access for children with disabilities to public education.

We stand on the shoulders of the parents before us.

My journey: I am the parent of a child who was identified as having a disability at birth. My daughter was premature; her health was fragile. I took life one day at a time, I did not think about or plan for her future because I wasn’t sure if she would be with me tomorrow. 

When my daughter was about two years old, a friend invited me to have lunch at her home. For the first time I left my daughter under the care of a grandparent. When I arrived for lunch, there were several other guests, but my friend said, “I want you to meet June. You and her have a lot in common.”  I looked at this woman, many years my senior, but soon learned what we had in common was we were both parents of children with disabilities. 

As we talked, I had reason to wonder out loud what school would look like for my child. She said your child will have every opportunity because of parents like me. She remembered when her son was young, he attended kindergarten at a Denver Public School. The next year, on the first day of school he insisted that he walk to school with the other children in the neighborhood. She watched as he walked down the path of their house, pencil box in one hand and writing tablet in the other. Each day at the evening meal he would talk about school; the teacher said this, a boy did this, a girl did that; today we learned…  He was excited about his learning. 

About two weeks into the school year his mom saw him walk up the path to the house. He had his writing tablet in one hand, but she noticed he had his pencil box in his other hand. This puzzled her because the pencil box always remained in his desk at school. When he walked through the door, she noticed a note pinned to the collar of his shirt. The note said “We have determined that your child cannot be educated. You will need to make other arrangements for him.”  The note was signed by the principal. She was outraged. 

She and her husband went to the school the next day and met with the principal. The principal said it is obvious that your child is an “imbecile” and as principal of this school, I have the authority to refuse enrollment. The parents reached out to district leadership, the Colorado Department of Education and everyone stood firm supporting the principal and the school district’s decision. The year was 1954, and in 1954, children with disabilities did not have a right to a public education.

June joined the movement and lobbied first at a local level and then at a national level for policy that would afford her child, and all children with disabilities, a public education. In today’s history classes educators teach our children the important history of the Civil Rights movement/demonstrations in the 50s and in particular the 60s. Malcolm X and Martin Luther King Jr. were leaders who led the community forwarding change. Because parents saw these leaders discussing civil rights, they recognized their own permission to talk about the human rights of their children with disabilities. 

 Public Law 94-142 Education for all Handicapped Children Act was passed in 1975. For the parents who stood firm in the 50s and 60s, their children were too old to go to school, but nevertheless they took pride in the fact that they had opened the door to public education for future generations of children with disabilities.

We stand on the shoulders of the parents who advocated, lobbied and brought litigation to demand that all children be provided a public education. 

 We stand on the shoulders of the generation of parents and educators who brought our children out of separate classrooms in the basements of public schools and into mainstream classrooms. 

We stand with the parents, teachers and educational leaders who refuse to compromise the promise made to our children 5 decades ago, the promise of a free appropriate public education. 

The post 50th Anniversary of the Individuals with Disabilities Education Act appeared first on AdvocacyDenver.

More than 8 million students with disabilities are served by our nation’s public schools. Since its creation in 1980, the U.S. Department of Education has provided expertise, funding, and enforcement for federal laws that provide protections and services for students with disabilities.

These laws, including Section 504 of the Rehabilitation Act of 1973 and the Individuals with Disabilities Education Act (IDEA), initially passed in 1975, established civil rights protections for students with disabilities and put in place procedures and safeguards to ensure that each of these students has access to an education tailored to their specific needs.

Recent actions taken by the federal government are a direct threat to federal ability to carry out both Section 504 and IDEA. These actions include:

• The elimination of entire departments that oversee special education. Without the staff of these departments, few, if any, experts in special education remain in the federal government.
• Proposals of reassigning special education to the Department of Health and Human Services(HHS). HHS is not an appropriate placement for special education oversight. HHS is equipped to cure disease, not to educate. We demand that the oversight of special education remain with the Department of Education.

If carried out, these actions would irreparably harm the students with disabilities who benefit from these laws.

A group of national organizations, including The Arc of the United States, are collaborating in efforts to preserve federal protections for students with disabilities. ADVOCACYDENVER is supporting this effort and encourages you to do so as well. A group of national organizations, including The Arc of the United States, are collaborating in efforts to preserve federal protections for students with disabilities. ADVOCACYDENVER is supporting this effort and encourages you to do so as well.

What Can You Do?

• Contact your members of Congress and ask for the complete rehiring of special education staffing at the Department of Education and oppose any efforts to move federal oversight of special education to HHS. The Arc U.S. provides this webpage that easily allows you to do this. 
• Inform yourself and take action. Collaborating organizations hosted a Town Hall on this issue on November 4, which you can watch here. They have also created a toolkit that contains position statements from participating organizations and other steps parents, educators, and other advocacy organizations can take to support this effort, including contacting other elected officials. 
• Spread the word. Tell others about what’s happening to federal support for special education and ask them to join you in this effort. Share this newsletter with others as well. If you use social media, consider posting about this issue.

“For 50 years, IDEA has had strong bipartisan support, and we are counting on Congress to ensure these firings are reversed. If not, the firings will have a devastating impact on babies, toddlers, and all children with disabilities, as well as on adults with disabilities who depend on these offices for employment supports. We must act now  to reverse these harmful firings!” — National Downs Syndrome Congress

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.

The post ACTION ALERT: Preserve Protections for Students with Disabilities appeared first on AdvocacyDenver.

Due to the continued federal government shutdown, people who rely on Supplemental Nutrition Assistance Program (SNAP) and Women, Infants and Children program (WIC) may not receive their full food benefits starting on November 1, 2025.

Nationally, SNAP feeds more than 4 million people with disabilities. WIC provides necessary nutrition for young children that supports their healthy development and growth. Even short disruptions to these benefits can be very harmful for both of these groups.

In this issue of the Policy Perspective:

• Find out how Colorado and the City and County of Denver are addressing this crisis.
• Learn about food resources that are available. 
• Learn how to engage your members of Congress to encourage them to restore funding for SNAP and WIC as soon as possible.

What are Colorado and Denver doing to address this crisis?

Governor Polis has proposed using $10 million in General Fund revenue to support food banks and pantries, and $7.5 million for WIC. These funds are sufficient to supplement SNAP benefits for six weeks and WIC for four weeks.

Colorado and Denver both have websites through which users can search for food resources. 

• Denver – Food Assistance 
• Colorado – Supplemental Nutrition Assistance Program (SNAP)

What food resources are available while SNAP and WIC are paused?

Several websites allow you to search for available food resources that are close to you. You will need to either enter your zip code or address to see what is available close to you. Several of these also allow you to filter your search for organizations that deliver to your home, should you need this service. You can also find organizations that will help with specialized dietary needs or offer specific types of resources, such as a food bank, a meal service, or emergency food support. 

• Feeding Colorado
• Hunger Free Colorado
• Food Bank of the Rockies
• FoodFinder
• Find Help

Contact your members of Congress to request that they restore funding for SNAP and WIC as soon as possible.  

Congress has the power to prevent this crisis. Send a message now urging them to take action today to protect food assistance programs before it’s too late 

How to contact your members of Congress!

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.

The post Food Resources for Denver Residents appeared first on AdvocacyDenver.