If you are a Colorado student with a disability and find that academic or disciplinary issues are creating obstacles in your education, you have rights. In 2015, the Colorado Department of Education reported that approximately 6,500 students with intellectual and developmental disabilities live in Colorado. If you are among them, know that state and federal laws, rules, and regulations are there to protect you if your Colorado school fails to recognize or accommodate your qualifying disability. National education attorney-advisor Joseph D. Lento and the Lento Law Firm's Student Defense Team are also ready to stand behind you in your dispute, or your child's dispute, with a Colorado K-12 school, college, or university.
Rights for Students with Disabilities in Colorado
All students, regardless of disability status, have a legal right to a free appropriate education. Further, the 1990 Individuals with Disabilities Act (IDEA) outlines the rights and protections students with disabilities have under federal law, and what responsibilities schools have to serve all students equitably.
IDEA is the primary federal law requiring Colorado's schools, colleges, and universities to reasonably accommodate student disabilities. IDEA requires schools to maintain and implement individualized education plans (IEPs) for students with qualifying disabilities. Section 504 of the 1973 Rehabilitation Act is a significant federal law requiring schools at all levels, including graduate and professional schools, to reasonably accommodate student disabilities. Included, for example, are services, equipment, facility modifications, schedule modifications, and other resources and changes that can make a remarkable positive impact on a student's learning and achievement.
ADA Issues and Lawsuits in Colorado
Title II of the Americans with Disabilities Act is a second federal law requiring colleges and universities to reasonably accommodate qualifying student disabilities. The Department of Education outlines the rights for students with physical impairments, intellectual disabilities, or learning disorders – ADHD, autism spectrum disorder, and dyslexia among them – as well as psychiatric conditions requiring psychoactive medication.
In private lawsuits and civil actions, the Department of Justice's Civil Rights Division can enforce ADA disability rights in Colorado. As an example, in September 2022, a complaint filed with the Office for Civil Rights claimed the Colorado Board of Education denied enrollment to students with disabilities who were attempting to enroll in the school of their choice. The complaint requests an investigation into the Board of Education under Section 504 of the Rehabilitation Act, referenced above.
Colorado State Disability Laws
Colorado state disability laws supplement federal laws protecting students. Importantly, Colorado's June 2022 Rules for the Administration of the ECEA (Exceptional Children's Educational Act) specifies how IDEA and special education must be implemented throughout Colorado.
Colorado law specifically calls out the following additional, notable protections for students at the elementary and secondary levels:
- Students with disabilities have rights guaranteeing them access to special education services.
- Students attending public schools and receiving services related to their disability may qualify for Extended School Year (ESY) services, which focus on the student's IEP goals.
- All students, including students with disabilities, are protected from the inappropriate use of seclusion and restraints, including physical, mechanical, and chemical restraints, under the 2017Rules for the Administration of the Protection of Persons from Restraint Actand the 2022 House Bill 22-1376 Supportive Learning Environments For K-12 Students.
Responsible for overseeing the state ECEA and the federal IDEA is the Colorado Department of Education's Exceptional Student Services Unit, which includes the state's Office of Special Education.
At the college and university levels, students with disabilities attending or seeking to attend most colleges and universities in Colorado are protected by the ADA and section 504 of the Rehabilitation Act, which mandates equal opportunity.
In addition, in 2016, Colorado Senate Bill 16-196 was signed into law, requiring the creation of inclusive higher education programming. At the time it was introduced, 47 states offered opportunities for higher education with disabilities across more than 250 schools, while Colorado lacked any such statewide program. This bill created pathways for students with disabilities to attend colleges in Colorado. One such student is Isabelle Woloson, who made headlines in 2021 for becoming the first student with Down Syndrome to graduate from a four-year Colorado college.
If you or your student has a dispute with a Colorado school over disability rights and accommodations, contact attorney-advisor Joseph D. Lento and the Lento Law Firm's Student Defense Team.
Disabilities Affecting Academic Progression Issues in Colorado
Beyond requiring reasonable accommodations, disabilities can also affect a student's academic progress.
The Colorado Academic Standards (CAS) are the benchmarks that guide instruction in Colorado schools. Adaptations for students with disabilities may apply to your student, and it is important to know which adaptations your child may qualify for.
If your child's school is denying them the accommodations they need for appropriate instruction or to meet academic standards, the school may be violating their disability rights. Contact national education attorney-advisor Joseph D. Lento to protect your student's disability rights.
Disabilities Affecting Misconduct Discipline in Colorado
Students with disabilities represent a disproportionate number of students who face discipline in school, including harmful exclusionary practices such as suspension or expulsion. This can occur when a school fails to reasonably accommodate a student's behavioral intervention needs.
As an example, in 2019, a parent filed a complaint with the Colorado Department of Education under IDEA, arguing that their child's rights were violated when the school failed to implement the child's IEP, including its behavior intervention plan, and provide the required social work services.
The Lento Law Firm has extensive experience in education law, and can help students facing misconduct proceedings whose schools have not accommodated their disabilities as afforded by law.
School Disability Advisor Available in Colorado
Colorado is obligated to follow federal disability laws, which take precedence over any Colorado law, rule, or practice – though state laws generally support and supplement federally protected disability rights. You or your student will have substantial legal authority in Colorado to pursue education without a disability interfering with educational access, instruction, assessment, or other rights, resources, and privileges. National education attorney Joseph D. Lento has helped students nationwide with disability accommodation issues, disputes over misconduct, failure to academically progress, and related issues. Call 888.535.3686 or go online now to contact attorney-advisor Lento and the Lento Law Firm's Student Defense Team.
