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Committee sends bill to appropriations to give Colorado authority to enforce 504 school accommodations
Summary
Senate Bill 125 would let the Colorado Department of Education handle enforcement of Section 504 accommodations in public schools when federal oversight is limited; the committee approved the bill 8‑3 and referred it to appropriations after adopting amendment L9 on funding and contracting.
The House Judiciary Committee voted to send Senate Bill 125 to appropriations after sponsors said the measure creates a state‑level enforcement pathway for Section 504 accommodations when the U.S. Department of Education’s Office for Civil Rights lacks capacity.
Representative Rob Phillips, the bill sponsor, said the measure does not create new rights but provides a state mechanism to enforce existing federal protections for students who need accommodations such as elevator access or allergy plans. “This bill allows Colorado Department of Education to address violations for accommodations not being implemented since the U.S. Department of Education no longer has the staffing to be able to do that,” Phillips told the committee.
Disability advocates, including Emily Harvey of Disability Law Colorado and Christina Erickson of the Developmental Disabilities Council, urged support, calling the bill practical and balanced and saying it would resolve delays families face when federal enforcement is limited. Tess Rittenberg of the Colorado Children’s Campaign and Elizabeth Moran of the Arc of Colorado also testified in favor, describing family experiences where state action could have provided swifter relief.
Sponsor AML Bacon moved amendment L9 to clarify that the Colorado Department of Education may receive funding, in‑kind resources and contract with third parties or other state agencies to execute remedies; the committee adopted L9 without objection. Rep. Garcia asked whether ‘resources’ could include pro bono attorneys or shared staff; sponsors said the language was intended to allow that flexibility.
The committee voted 8‑3 to send SB 125 as amended to the appropriations committee with a favorable recommendation.
What’s next: SB 125 goes to appropriations for review of fiscal impacts and possible funding arrangements; sponsors noted reporting and implementation details will be refined as the bill moves forward.
