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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 26-0986.01 Jacob Bennington x2371 HOUSE BILL 26-1417
House Committees Senate Committees
Education
A BILL FOR AN ACT
CONCERNING THE DISABILITY -RELATED ACCOMMODATION101
REQUIREMENT OF A TESTING ENTITY.102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov.)
Current law requires a testing entity to provide accommodations
for an individual with a disability who is taking an exam for professional
licensing. The definition of "testing entity" includes a private entity or a
state or local governmental entity offering such an exam and having
control over testing accommodation decisions.
The bill changes the definition of "testing entity" to include any
HOUSE SPONSORSHIP
Soper and Bacon,
SENATE SPONSORSHIP
Roberts and Rich,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
person, business, or state or local government agency that offers an exam
or course related to an application, license, certification, or credential for
secondary or postsecondary education, professional, or trade purposes.
The bill further requires a testing entity to offer the exam or course in a
place and manner that is accessible to the individual with a disability or
offer an alternative accessible arrangement in order to accommodate an
individual with a disability who has met the requirements to receive the
accommodation.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds and declares that: 3
(a) Equal access to education and professional opportunity is a4
fundamental right. Professional or licensure-based examinations serve as5
critical gateways to advancement, employment, and economic mobility.6
Denial of equitable access to these assessments undermines the promise7
of equal opportunity and perpetuates systemic inequities.8
(b) Individuals with disabilities continue to face persistent and9
well-documented barriers in testing environments. These barriers may10
include inaccessible formats, inadequate accommodations, rigid timing11
structures, and discriminatory policies or practices that fail to account for12
diverse needs. Such barriers do not reflect an individual's knowledge or13
ability, but rather the failure of systems to provide equitable access.14
(c) Reasonable accommodations are essential to ensuring fairness,15
not advantage. Accommodations such as extended time, alternative16
formats, assistive technology, and accessible testing environments are17
necessary to level the playing field and ensure that examinations measure18
aptitude and achievement rather than the impact of a disability.19
(d) Anti-discrimination statutes play a critical role in protecting20
these rights. Laws prohibiting discrimination on the basis of disability,21
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including requirements for reasonable accommodations, establish clear1
standards, accountability mechanisms, and avenues for redress. These2
protections are essential to preventing exclusionary practices and ensuring3
consistent access across institutions and jurisdictions.4
(e) The erosion or inadequate enforcement of these protections5
threatens equal access. Without strong statutory safeguards and6
meaningful enforcement, individuals with disabilities may be denied7
opportunities, discouraged from participation, or forced to navigate8
inconsistent and burdensome processes to secure basic accommodations.9
(f) Ensuring equal access benefits not only individuals, but society10
as a whole. When barriers are removed, individuals with disabilities are11
better able to contribute their talents, perspectives, and expertise to the12
workforce, civic life, and broader community. Inclusive systems13
strengthen economic growth, innovation, and social equity.14
(g) It is therefore the intent of the general assembly to affirm and15
strengthen protections that guarantee equal access to examinations.16
Accordingly, the general assembly declares that equal access to17
examinations is a matter of civil rights, employment equity, and public18
interest and must be protected through robust and enforceable19
anti-discrimination laws.20
(h) In a recent District Court decision, Catherine Dunn V.21
National Board of Medical Examiners , case number 25CV34093, the22
court determined that the defendant was not subject to Colorado's23
statutory protections for test takers with disabilities. The decision to grant24
a preliminary injunction does not address section 25-34-806, which25
clearly states that failure to accommodate is a proper cause of action.26
(2) The general assembly further finds and declares that it is the27
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general assembly's intent that the National Board of Medical Examiners1
is a covered entity in this context, and that it is necessary to amend2
section 25-34-806 to align with 42 U.S.C. sec. 12189 to further ensure3
Colorado's workforce has equitable access to opportunities.4
SECTION 2. In Colorado Revised Statutes, 24-34-806, amend5
(2)(c) and (3)(a) introductory portion as follows:6
24-34-806. Testing accommodations for Coloradans with7
disabilities - right of action - legislative declaration - definitions.8
(2) As used in this section, unless the context otherwise requires:9
(c) "Testing entity" means a private entity of this state or a state10
or local governmental entity of this state that offers an exam related to11
licensing or certification for professional or trade purposes and has12
control over testing accommodation decisions. ANY PERSON, BUSINESS, OR13
STATE OR LOCAL GOVERNMENT AGENCY THAT OFFERS EXAMINATIONS OR14
COURSES RELATED TO APPLICATIONS , LICENSING , CERTIFICATION , OR15
CREDENTIALING FOR SECONDARY OR POSTSECONDARY EDUCATION, OR FOR16
PROFESSIONAL OR TRADE PURPOSES.17
(3) (a) A testing entity must OFFER EXAMINATIONS OR COURSES IN18
A PLACE AND MANNER ACCESSIBLE TO INDIVIDUALS WITH DISABILITIES OR19
MUST OFFER ALTERNATIVE ACCESSIBLE ARRANGEMENTS FOR SUCH20
INDIVIDUALS AND grant an individual's request for a testing21
accommodation on a licensing exam if the individual:22
SECTION 3. Act subject to petition - effective date. This act23
takes effect at 12:01 a.m. on the day following the expiration of the24
ninety-day period after final adjournment of the general assembly (August25
12, 2026, if adjournment sine die is on May 13, 2026); except that, if a26
referendum petition is filed pursuant to section 1 (3) of article V of the27
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state constitution against this act or an item, section, or pa rt of this act1
within such period, then the act, item, section, or part will not take effect2
unless approved by the people at the general election to be held in3
November 2026 a nd, in such cas e, will take effect on the date of the4
official declaration of the vote thereon by the governor.5
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