Colorado § 22-29.5-101 - Legislative declaration.

§ 22-29.5-101. Legislative declaration.

(1) The general assembly finds and declares that:

(a) Section 2 of article IX of the state constitution requires the state to maintain a thorough and uniform system of free public schools that serves all children in Colorado, including students with disabilities;

(b) Ensuring equal access to educational programs, services, and activities is essential to fulfilling this constitutional mandate, advancing the state's longstanding commitment to educational equity and nondiscrimination, promoting academic achievement among students with disabilities, and closing opportunity gaps;

(c) Colorado has a strong constitutional tradition of protecting individual rights as set forth in article 2 of the state constitution, including the guarantees of equality of rights, due process of law, and security of persons;

(d) Students with disabilities have historically relied on federal civil rights laws, including section 504 of the federal "Rehabilitation Act of 1973" and title II of the federal "Americans with Disabilities Act of 1990", to safeguard their access to educational opportunities and protect themselves from discrimination;

(e) Incorporating core protections of these federal laws into state statute strengthens Colorado's enforcement framework, ensures continuity of rights regardless of changes to federal enforcement priorities, and promotes clarity and consistency for students, families, and local education providers;

(f) It is in the interest of the state to codify federal disability-based nondiscrimination requirements applicable to public elementary and secondary education, to affirm the right of each qualified student with a disability to a free appropriate public education, and to establish clear obligations for local education providers concerning identification, evaluation, educational placement, reasonable accommodations, effective communication, physical accessibility, and protections against harassment and retaliation; and

(g) Providing state-level remedies, oversight, and enforcement mechanisms, including a uniform complaint process administered by the state department of education, complements federal safeguards, promotes timely and local resolution of concerns, and ensures that students with disabilities have reliable and accessible avenues for addressing violations of their rights.

(2) The general assembly further finds and declares that the purpose of this article 29.5 is to:

(a) Uphold the state's constitutional obligation to provide a thorough and uniform system of free public schools;

(b) Affirm the state's commitment to equal educational opportunity and nondiscrimination for students with disabilities;

(c) Ensure that public schools provide qualified students with disabilities with the aids, benefits, services, and opportunities necessary to participate fully and meaningfully in educational programs;

(d) Create clear, consistent statewide standards and procedures that align with federal requirements while providing independent state protections; and

(e) Ensure that all students with disabilities in the state are educated in environments that respect their dignity, independence, and right to participate fully in the life of their schools and communities.

Source: L. 2026: Entire article added, (SB 26-125), ch. 216, p. 1260, § 1, effective May 29.