We Need to Protect Disability Rights in Colorado Schools

CO House Bill 26-125, Disability Rights Protections in Public Schools

Today I submitted written testimony to the Colorado Senate Education Committee asking legislators to SUPPORT 125. Keep reading to learn about the bill and read the gist of my testimony that’s part of public record.

First, here’s some background on the bill: Currently, federal laws like the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act, and the Americans with Disabilities Act (ADA) already guarantee students with disabilities the right to a Free Appropriate Public Education (FAPE) and equal access to school programs and activities. But federal agencies that handle these types of complaints have been deeply cut or eliminated so filing complaints with the federal government has become a non-productive option.

CO House Bill 26-125, Disability Rights Protections in Public Schools allows families to file a complaint directly with the Colorado Department of Education (CDE) and have the complaint investigated at the state level.

The bill:

• Prohibits discrimination against students with disabilities in school programs, services, and activities

• Requires schools to provide aids, services, and communication that are as effective as those provided to students without disabilities

• Requires inclusion in general education settings to the maximum extent appropriate

• Requires equal access to extracurricular and nonacademic programs

• Requires schools to identify and evaluate students who may need services (Child Find)

• Prohibits disability-based harassment that limits participation in school opportunities

• Requires each school system to adopt a grievance process for disability rights complaints

• Requires designation of a staff member to oversee compliance

Why I support this bill:

Rights only matter if student, parents and families have a way to enforce them.

For years, families relied on the federal Office for Civil Rights to investigate disability discrimination in schools. That federal system has now been scaled back so significantly that it is no longer a reliable path for many families seeking help. When enforcement disappears, it creates a vacuum.

Into that vacuum step conflict, delays, and lawsuits while students continue to struggle without the supports they need. In Colorado, this problem is often harder to see because of our strong commitment to local control in public education.

Anyone who has worked with school districts, public schools and charter authorizers in our state has seen how uneven this can be. And,

Prevention costs less than conflict and litigation.

Local control allows communities to make decisions that fit their needs. But it can also mean the state and the public have very little visibility into problems inside individual districts. Strong state processes do not weaken local control. They support local districts by providing clarity and a fair process when disputes arise.

Too often, laws and policies meant to protect students simply aren’t enforced.

That happens for many reasons: lack of training, misunderstandings about the law, poor leadership, under-budgeting, or poor—sometimes even misleading—legal advice. Many educators and administrators want to do the right thing. But they don’t always have clear guidance or a workable process when disputes arise.

When those systems break down, families are often left with only one option: litigation. Most disputes escalate through costly administrative complaints or lawsuits. Litigation is expensive for families and for school districts, schools, and charter authorizers across Colorado. It pulls time, attention, and taxpayer dollars away from classrooms and places educators and families on opposite sides of a legal fight.

Students lose time they can’t get back.

Colorado’s constitution commits the state to maintaining a thorough and uniform system of public education. That commitment must include real protections for students with disabilities and a clear way to resolve problems when those protections break down.

HB26-125 creates a pathway to resolve problems earlier—before they turn into lawsuits.

It gives families a place to raise concerns and gives districts a clearer process to resolve disputes before they escalate.

Colorado’s commitment to local control should not mean students lose access to the protections they are guaranteed under the law.

HB26-125 helps ensure those protections are real and workable—supporting Colorado students, families, and the educators trying to serve them well, while preventing costly litigation and protecting limited education dollars.

Access our toolkits for this and other bills on our legislation page, which is updated throughout the legislative session.

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