Colorado § 22-29.5-103 - Discrimination prohibited.

§ 22-29.5-103. Discrimination prohibited.

(1) No qualified student with a disability shall, on the basis of disability, be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination under any program, service, or activity by a local education provider.

(2) A local education provider, in providing any aid, benefit, or service, may not, directly or through contractual, licensing, or other arrangements, based on disability:

(a) Deny a qualified student with a disability the opportunity to participate in or benefit from the aid, benefit, or service;

(b) Afford a qualified student with a disability an opportunity to participate in or benefit from the aid, benefit, or service that is not equal to that afforded to others;

(c) Provide a qualified student with a disability with an aid, benefit, or service that is not as effective as that provided to others;

(d) Provide different or separate aids, benefits, or services to a qualified student with a disability or to any class of qualified students with a disability unless such action is necessary to provide a qualified student with a disability with aids, benefits, or services that are as effective as those provided to others;

(e) Aid or perpetuate discrimination against a qualified student with a disability by providing significant assistance to an agency, organization, or person that discriminates on the basis of disability in providing any aid, benefit, or service to beneficiaries of the local education provider's educational program or activity; or

(f) Otherwise limit a qualified student with a disability in the enjoyment of any right, privilege, advantage, or opportunity enjoyed by others receiving an educational aid, benefit, or service.

(3) For purposes of this article 29.5, an aid, benefit, or service, to be equally effective, is not required to produce the identical result or level of achievement for qualified students with a disability and students without a disability, but must afford a qualified student with a disability equal opportunity to obtain the same result, to gain the same benefit, or to reach the same level of achievement in the most integrated setting appropriate to the student's needs.

(4) Despite the existence of separate or different aids, benefits, or services provided in accordance with this title 22, a local education provider may not deny a qualified student with a disability the opportunity to participate in such aids, benefits, or services that are not separate or different.

(5) A local education provider shall not, directly or through contractual or other arrangements, use criteria or methods of administration that:

(a) Have the effect of subjecting a qualified student with a disability to discrimination on the basis of their disability;

(b) Have the purpose or effect of defeating or substantially impairing the accomplishment of the objectives of the local education provider's program or activity with respect to a qualified student with a disability; or

(c) Perpetuate the discrimination of another local education provider if both local education providers are subject to common administrative control or are agencies of the state.

(6) In determining the site or location of a facility, a local education provider shall not make selections that:

(a) Have the effect of excluding a qualified student with a disability from a facility or denying a qualified student with a disability the benefits of a facility, or otherwise subjecting a qualified student with a disability to discrimination; or

(b) Have the purpose or effect of defeating or substantially impairing the accomplishment of the objectives of the program or activity with respect to a qualified student with a disability.

(7) A local education provider shall conduct evaluations and reevaluations of a student in the student's primary language. A local education provider shall communicate with a parent with limited English proficiency in a manner that provides the parent with meaningful access to information that is provided to other parents, including information about programs, services, and activities.

Source: L. 2026: Entire article added, (SB 26-125), ch. 216, p. 1263, § 1, effective May 29.