ColoradoSB26-1252026 Regular SessionSenateWALLET

Disability Rights Protections in Public Schools

Sponsored By: Chris Kolker (Democratic), Jacque Phillips (Democratic), Janice Marchman (Democratic), Jennifer Bacon (Democratic)

Signed by Governor

Civil Law

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Bill Overview

Analyzed Economic Effects

13 provisions identified: 5 benefits, 0 costs, 8 mixed.

Students get inclusive classes and activities

Schools must educate qualified students with disabilities alongside other students as much as appropriate. Separate placement requires that regular education cannot work satisfactorily even with added supports, and schools must consider distance from home. Disability-focused facilities, services, and activities must be comparable, and students must join nonacademic activities with peers as much as appropriate. Students get equal opportunities in activities and sports; separate programs cannot block access to integrated teams or courses. Competitive programs may use nondiscriminatory selection rules, and schools cannot steer students toward narrower careers than peers with similar abilities and interests.

Free student services with payment limits

Schools must provide every qualified student in their jurisdiction a free appropriate public education, regardless of disability severity. Covered education and related services are free, including outside services arranged by the school. Outside-placement transportation cannot cost families more than transportation for school-provided services. Residential placement required by a Section 504 or individualized education program team is free, including nonmedical care, room, and board. Schools may charge fees also charged to other students, and insurers keep valid payment duties. Schools need not pay private tuition when parents choose private school after an appropriate free education was made available.

School access protections with accommodation limits

Colorado public school providers cannot exclude qualified students or deny benefits because of disability, including through discriminatory policies or facility locations. Inaccessible or unsafe facilities cannot be a reason to deny access. Schools must make reasonable policy changes, but may refuse changes that fundamentally alter programs or cause undue financial or administrative burdens. This change-making duty excludes students only regarded as having a disability under federal law. Coverage includes districts, public charters, state-operated programs, and applicable cooperative services; free-education duties use the state's education administrative-unit definition.

Student communication aids and interpreter safeguards

Schools must communicate with qualified students with disabilities as effectively as with other students and supply needed communication aids. Schools must give primary consideration to student requests and provide suitable aids on time, protecting privacy and independence. Students cannot be required to supply interpreters. An accompanying adult may interpret only during an imminent safety or welfare emergency without an available interpreter, or at the student's specific request. Requested adult help requires the adult's agreement and appropriate reliance; accompanying minors may interpret only during such emergencies without an available interpreter.

Language and disability access for parents

Schools must make reasonable accommodations for parents with disabilities, including communication disabilities, to access programs connected to their children. Parents with limited English must get meaningful access to information about school programs, services, and activities. Schools must provide interpretation and translation when communicating with these parents. Student evaluations and reevaluations must also use the student's primary language.

Students and families protected from retaliation

Schools must promptly investigate possible disability-based harassment when they know, or reasonably should know, about it. When harassment creates a hostile environment, schools must stop it, prevent recurrence, and address its effects. A student's Section 504 or individualized education program team must address harassment on any basis that affects appropriate education. Schools cannot threaten, pressure, or discriminate against people for asserting covered rights, making possible complaints, or helping with proceedings. People may report retaliation to the state education department, which must process and evaluate the allegations under the law.

Student evaluations and parent hearing rights

Schools must annually locate qualified students with disabilities who are not receiving public education and notify parents of this duty. Initial evaluations require parent notice and consent; eligible students must be reevaluated at least every three years without requiring consent. Evaluations must meet required standards and use documented information from varied sources. Existing information may be used when safeguards are followed and parents and schools agree on eligibility, placement, services, and accommodations based on a knowledgeable group's findings. Parents get notice, relevant records, an impartial hearing with participation and optional legal representation, and appeal rights; federal special-education safeguards can satisfy these duties.

Student remedies with state authority limits

The law authorizes the Colorado Department of Education to investigate complaints, monitor implementation, and enforce decisions through corrective orders. After finding a violation, it may order make-up services, restore denied benefits, or require audits, training, and policy changes. Orders set reasonable deadlines, and corrective-plan monitoring may last up to one year after a violation finding. The law gives no new department authority over identification, evaluation, placement, or free education under an individualized education program. This enforcement authority is subject to the law's funding requirement.

School complaint contacts and staff training

Schools must offer a prompt, fair Section 504 complaint process; separate procedures can handle identification, evaluation, placement, and individualized education program matters. Each provider must name a compliance employee, provide needed time, resources, and authority, and train that employee within 60 days. Annual training covers the coordinator, an administrator or eligible coordinator from each building, and at least one other plan-related staff member. Initial rights notices are due by April 1, 2027, with continuing notices listing the contact's name, title, phone, and email. Providers may delegate compliance duties by contract to another provider, but both must cooperate with investigations and neither may block compliance.

Schools risk funding for intentional violations

The State Board may withhold state money from providers that intentionally violate disability protections and show unwillingness to enter a corrective plan. Before proceedings begin, the Board must give written notice of violations and required fixes, with 60 days to respond. Providers may appeal to the Office of Administrative Courts, where the Board must prove its case by a preponderance of evidence. Withholding procedures are due by December 31, 2026. The law sets no withholding amount, and families do not receive the withheld money.

Family complaint deadlines and local-process waivers

State complaints must concern violations within one calendar year before filing, or be filed within 60 days after the specified local process ends. While the department accepts complaints, families must first pursue local resolution; third parties may file systemic claims or represent students as attorneys or advocates. The department may waive local review when futile, likely to cause irreparable student harm, or unavailable, unfair, or too slow. Futility includes inability to grant relief, bias, repeated poor responses, or bad-faith participation; being both accused and complaint recipient alone does not prove bias. By December 31, 2026, the Board may adopt rules setting resolution within 180 days and pauses up to 60 days for other resolution efforts.

Federal claims remain, state remedies vary

Public entities cannot use this state law as a defense against federal claims, including special-education and Section 504 claims. But the state education department may dismiss a substantially similar complaint if the federal Office for Civil Rights complaint came first. If a similar federal complaint follows a completed state decision, the department may undo its findings or remedies. These rules do not limit claims under federal or other state law, or replace federal requirements to complete administrative procedures.

State school enforcement depends on funding

The state education department may seek gifts, grants, and donations and hire outside help to support enforcement. Its specified enforcement authority takes effect only after it receives enough funding to carry out those duties. The Commissioner must notify the Revisor of Statutes when that funding requirement is met. Without that notice by June 30, 2028, the enforcement section and its companion funding section are repealed July 1, 2028. The law states no funding amount.

Sponsors & Cosponsors

Cosponsors

Andrew Boesenecker
Democratic • House
Alex Valdez
Democratic • House
Bob Marshall
Democratic • House
Chad Clifford
Democratic • House
Jamie Jackson
Democratic • House
Kenny Nguyen
Democratic • House
Lori Goldstein
Democratic • House
Monica Duran
Democratic • House
Mandy Lindsay
Democratic • House
Meghan Lukens
Democratic • House
Manny Rutinel
Democratic • House
Regina English
Democratic • House
Sean Camacho
Democratic • House
Sheila Lieder
Democratic • House
Yara Zokaie
Democratic • House
Sen. A. Benavidez
Affiliation unavailable
Cathy Kipp
Democratic • Senate
Dylan Roberts
Democratic • Senate
Iman Jodeh
Democratic • Senate
Judy Amabile
Democratic • Senate
James Coleman
Democratic • Senate
Jessie Danielson
Democratic • Senate
Julie Gonzales
Democratic • Senate
Kyle Mullica
Democratic • Senate
Lisa Cutter
Democratic • Senate
Matt Ball
Democratic • Senate
Marc Snyder
Democratic • Senate
Mike Weissman
Democratic • Senate
Nick Hinrichsen
Democratic • Senate
Robert Rodriguez
Democratic • Senate
Tony Exum
Democratic • Senate
Tom Sullivan
Democratic • Senate
William Lindstedt
Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 158 • No: 48

House vote • 5/13/2026

Third reading: Bill

Yes: 47 • No: 18

Senate vote • 5/13/2026

House amendments: Concur

Yes: 35 • No: 0

Senate vote • 5/13/2026

House amendments: Repass

Yes: 24 • No: 11

House vote • 5/11/2026

Refer Senate Bill 26-125 to the Committee of the Whole.

Yes: 9 • No: 2

House vote • 5/8/2026

Refer Senate Bill 26-125, as amended, to the Committee on Appropriations.

Yes: 8 • No: 3

Senate vote • 5/7/2026

Third reading: Bill

Yes: 24 • No: 11

Senate vote • 5/6/2026

Refer Senate Bill 26-125, as amended, to the Committee of the Whole.

Yes: 4 • No: 3

Senate vote • 3/11/2026