Amendments for SB25-087
Senate Journal, February 27
After consideration on the merits, the Committee recommends that SB25-087 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
Amend printed bill, page 2, strike lines 10 and 11 and substitute:
"(1) "ACADEMIC ADJUSTMENT" MEANS MODIFICATIONS TO ACADEMIC
REQUIREMENTS TO ENSURE EQUAL EDUCATIONAL OPPORTUNITIES AND DOES
NOT INCLUDE CHANGES THAT FUNDAMENTALLY ALTER THE CONTENT OF
ACADEMIC PROGRAMS.".
Page 4, line 3, strike "AN ADMITTED OR" and substitute "A PROSPECTIVE, AN
ADMITTED, OR AN".
Page 4, strike lines 11 and 12 and substitute "STUDENT'S DISABILITY AND TO
ENGAGE IN AN INTERACTIVE PROCESS WITH THE INSTITUTION OF HIGHER
EDUCATION TO RECEIVE AN ACADEMIC ADJUSTMENT.".
Page 4, strike lines 25 through 27 and substitute:
"(d) DESCRIBES AN APPEALS PROCESS FOR ACADEMIC ADJUSTMENT
DECISIONS THAT FOCUSES ON DOCUMENTARY REVIEW.".
Page 5, strike lines 1 through 8 and substitute:
"(3) EACH INSTITUTION OF HIGHER EDUCATION SHALL PUBLISH THE
POLICY DESCRIBED IN SUBSECTION (1) OF THIS SECTION ON THE INSTITUTION OF
HIGHER EDUCATION'S WEBSITE IN AN ACCESSIBLE FORMAT.".
Page 5, strike lines 21 through 24 and substitute "STATED DISABILITY. THE IEP
DOES NOT AUTOMATICALLY QUALIFY A STUDENT WITH A DISABILITY FOR THE
SAME ACCOMMODATIONS IN HIGHER EDUCATION IF THE IEP LACKS RELEVANT
DIAGNOSTIC DETAILS OR DOES NOT DESCRIBE HOW THE STUDENT'S DISABILITY
LIMITS ONE OR MORE MAJOR LIFE ACTIVITIES.".
Page 6, strike lines 1 through 4 and substitute "SECTION 504 PLAN DOES NOT
AUTOMATICALLY QUALIFY A STUDENT WITH A DISABILITY FOR THE SAME
ACCOMMODATIONS IN HIGHER EDUCATION IF THE SECTION 504 PLAN LACKS
RELEVANT DIAGNOSTIC DETAILS OR DOES NOT DESCRIBE HOW THE STUDENT'S
DISABILITY LIMITS ONE OR MORE MAJOR LIFE ACTIVITIES.".
Page 6, line 25, after "(3)" insert "(a)".
Page 6, after line 27 insert:
"(b) AN INSTITUTIONS OF HIGHER EDUCATION MAY REQUEST UPDATED
DOCUMENTATION IF A STUDENT WITH A DISABILITY:
(I) SUBMITS DOCUMENTATION THAT LACKS REASONABLE DETAIL;
(II) SUBMITS DOCUMENTATION THAT IS OUTDATED BASED ON A
DIAGNOSIS THAT HAS CHANGED; OR
(III) REQUESTS SUBSTANTIALLY NEW ACADEMIC ADJUSTMENTS.
(4) THIS PART 2 DOES NOT OVERRIDE FEDERAL LAW.".
Senate Journal, March 3
SB25-087 by Senator(s) Marchman; also Representative(s) Stewart R. and Brooks--Concerning
establishing academic adjustments for students with disabilities in institutions of higher
education.
Amendment No. 1, Education Committee Amendment.
(Printed in Senate Journal, February 27, page(s) 329 and placed in members' bill files.)
Amendment No. 2(L.004), by Senator Marchman.
Amend the Education Committee Report, dated February 26, 2025, page 1, after
line 7 insert:
"Page of 4 the printed bill, line 10, after "TO" insert "VOLUNTARILY".".
Page 2 of the report, line 11, strike "INSTITUTIONS" and substitute
"INSTITUTION".
House Journal, March 21
26 SB25-087 be amended as follows, and as so amended, be referred to
27 the Committee of the Whole with favorable
28 recommendation:
29
30 Amend reengrossed bill, page 4, lines 5 and 6, strike "A PROSPECTIVE, AN
31 ADMITTED, OR" and substitute "AN ADMITTED OR".
32
33 Page 5, strike lines 12 through 16 and substitute:
34
35 "(2) AS PART OF ITS REVIEW TO DETERMINE WHETHER A STUDENT
36 WITH A DISABILITY IS ELIGIBLE FOR AN ACADEMIC ADJUSTMENT AS
37 DESCRIBED IN SUBSECTION (1) OF THIS SECTION, AN INSTITUTION OF
38 HIGHER EDUCATION MAY CONSIDER ONE OF THE FOLLOWING DOCUMENTS
39 TO SUBSTANTIATE THE STUDENT WITH A DISABILITY'S REQUEST FOR AN
40 ACADEMIC ADJUSTMENT:".
41
42 Page 5, line 20, strike "THE SAME ACCOMMODATIONS" and substitute "AN
43 ACADEMIC ADJUSTMENT".
44
45 Page 6, line 1, strike "THE SAME ACCOMMODATIONS" and substitute "AN
46 ACADEMIC ADJUSTMENT".
47
48
House Journal, March 28
19 Amendment No. 1, Education Report, dated March 20, 2025, and placed
20 in member’s bill file; Report also printed in House Journal, March 21,
21 2025.
22
23 Amendment No. 2, by Representative Brooks:
24
25 Amend reengrossed bill, page 2, line 11, strike "REQUIREMENTS" and
26 substitute "REQUIREMENTS, AS DESCRIBED IN 34 C.F.R. SEC. 104.44,".
27
28 Page 2, line 12, strike "OPPORTUNITIES AND" and substitute
29 "OPPORTUNITIES. "ACADEMIC ADJUSTMENT"".
30
31 Amendment No. 3, by Representative Brooks:
32
33 Amend reengrossed bill, page 2, after line 1 insert:
34
35 "SECTION 1. Legislative declaration. (1) (a) The general
36 assembly finds and declares that:
37 (I) In accordance with federal law, Colorado law requires
38 institutions of higher education to evaluate whether students with
39 disabilities qualify for an academic adjustment by reviewing
40 documentation, including existing individualized education programs and
41 section 504 plans;
42 (II) While many institutions of higher education have review
43 processes in place, inconsistencies and a lack of clarity in the review
44 process and implementation of the review process may impede effective
45 support for admitted or enrolled students with disabilities;
46 (III) Based on feedback from students, faculty, and advocacy
47 groups, there is a need for a clear, standardized process for institutions of
48 higher education to review documents, including existing individualized
49 education programs and section 504 plans, to determine whether a student
50 qualifies for an academic adjustment;
51 (IV) Enhancing clarity and transparency in the document review
52 process to determine whether students with disabilities qualify for
53 academic adjustments will improve the academic success and the
54 well-being of enrolled students with disabilities; and
55
1 (V) This act creates a transparent document review process for
2 students with disabilities to understand and determine whether they
3 qualify for academic adjustments while maintaining the authority of
4 institutions of higher education to make the final determination as to
5 whether a student with a disability qualifies for academic adjustments.
6 (b) The general assembly finds, therefore, that it is necessary to:
7 (I) Clarify the processes institutions of higher education use to
8 review documentation, including existing individualized education
9 programs and section 504 plans, to determine whether admitted or
10 enrolled students with disabilities qualify for academic adjustments;
11 (II) Ensure that the processes described in subsection (1)(b)(I) of
12 this section do not create barriers for students with disabilities;
13 (III) Implement accountability measures for an institution of
14 higher education to fulfill its responsibilities by providing a description
15 of the appeals process that focuses on documentary review; and
16 (IV) Promote the alignment of state and federal law.".
17
18 Renumber succeeding sections accordingly.
19
20 As amended, ordered revised and placed on the Calendar for Third
21 Reading and Final Passage.