Disability Rights Protections in Public Schools

Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED

LLS NO. 26-0005.01 Jed Franklin x5484 SENATE BILL 26-125
Senate Committees House Committees
Education
A BILL FOR AN ACT
CONCERNING DISABILITY RIGHTS PROTECTIONS IN PUBLIC SCHOOLS.101
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.)
The bill prohibits a school district, a charter school authorized by
a school district, a charter school authorized by the state charter school
institute, the state charter school institute, or a board of cooperative
services that operates one or more public schools (local education
provider or LEP) from discriminating against an individual who has a
disability and who is entitled to a free public education (qualified student
with a disability) based on the student's disability.
The bill requires an LEP to allow a qualified student with a
SENATE SPONSORSHIP
Kolker and Marchman,
HOUSE SPONSORSHIP
Bacon and Phillips,
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.
disability to participate in and enjoy the benefits of the provider's
programs, services, or activities in the same manner as a student without
a disability. When providing any aid, benefit, or service, an LEP shall not,
based on disability:
! Deny a qualified student with a disability an opportunity to
participate in or benefit from the aid, benefit, or service in
a manner that is equal to that afforded to other students;
! Provide a qualified student with a disability with an aid,
benefit, or service that is not as effective as that provided
to other students;
! Provide different or separate aids, benefits, or services to a
qualified student 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 other students;
! 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 LEP's educational program or
activity; or
! Otherwise limit a qualified student with a disability in the
enjoyment of any right, privilege, advantage, or opportunity
enjoyed by students without disabilities who receive an
educational aid, benefit, or service.
The bill prohibits an LEP from using criteria or methods of
administration that:
! Have the effect of subjecting a qualified student with a
disability to discrimination on the basis of their disability;
! Have the purpose or effect of defeating or substantially
impairing accomplishment of the objectives of the LEP's
program or activity with respect to a qualified student with
a disability; or
! Perpetuate the discrimination of another LEP if both LEPs
are subject to common administrative control or are
agencies of the state.
In determining the site or location of a facility, an LEP may not
make selections that:
! Exclude a qualified student with a disability from a facility
or deny a qualified student with a disability the benefits of
a facility, or that otherwise subject a qualified student with
a disability to discrimination; or
! 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
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a disability.
The bill requires an LEP to:
!Adopt a disability rights grievance process, which is
satisfied by following the grievance procedures in section
504 of the federal "Rehabilitation Act of 1973" and to
designate at least one responsible employee to oversee
compliance with the provisions of the bill relating to
discrimination and to serve as a point of contact for
students and families;
! Make a reasonable modification to a policy, practice, or
procedure when the modification is necessary to avoid
discriminating against a qualified student with a disability
on the basis of disability;
! Ensure that a communication to a qualified student with a
disability is as effective as a communication to a student
without a disability and to furnish appropriate auxiliary aids
and services where necessary to afford a qualified student
with a disability an equal opportunity to participate in and
enjoy the benefits of a service, program, or activity of the
LEP;
! Ensure that a qualified student with a disability is not
denied access to the LEP's services, programs, or activities
because of facilities inaccessible to a qualified student with
a disability;
! Provide a free and appropriate public education to each
qualified student with a disability who is in the LEP's
jurisdiction, regardless of the nature or severity of the
student's disability and if necessary, ensure adequate
transportation to and from any placement premises;
! Provide for the free and appropriate public education of
each qua lified student with a disability with students
without disabilities to the maximum extent appropriate to
the needs of the qualified student with a disability;
! Place a qualified student with a disability in the regular
educational environment operated by the LEP unless it is
demonstrated that the education of the student in that
environment with the use of supplementary aids and
services cannot be achieved satisfactorily;
! Provide nonacademic and extracurricular services and
activities in such a manner as is necessary to afford a
qualified student with a disability an equal opportunity to
participate in the services and activities;
! At least annually, identify and locate every qualified
student with a disability residing in the LEP's jurisdiction
who is not receiving a free and appropriate public
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education and take appropriate steps, with the permission
of the qualified student with a disability and their parent, to
evaluate the student; and
! Ensure that a qualified student with a disability is free from
harassment that is sufficiently serious to create a hostile
environment or interfere with or limit the student's ability
to participate in or benefit from the LEP's services,
activities, or opportunities.
The bill requires the department of education (department) to
provide training and technical assistance to LEPs about the requirements
of the bill.
The bill establishes a complaint process and specifies that the
department may investigate and resolve complaints of alleged violations
of the provisions of the bill pursuant to the complaint process.
The bill specifies the circumstances under which an individual may
file a complaint with the department.
If the department finds a violation pursuant to the bill, it may order
specified remedies as determined necessary by the department, to remedy
violations occurring pursuant to the bill and to prospectively ensure
compliance.
The state board of education (board) may withhold state funds
from an LEP if the board determines that the LEP has intentionally
violated the provisions of the bill and demonstrated an unwillingness to
enter into a corrective action plan to address the violation. No later than
December 31, 2026, the board shall adopt rules that establish procedures
for the withholding of funds.
The bill prohibits an LEP from coercing, intimidating, threatening,
or discriminating against any individual for the purpose of interfering
with any right or privilege secured by the bill, the federal "Individuals
with Disabilities Education Act", the ADA, the "Exceptional Children's
Educational Act", or the "Protection of Students from Restraint and
Seclusion Act" (anti-discrimination laws) because an individual:
! Makes, has made, or because an LEP believes an individual
has made or will make, a complaint pursuant to an
anti-discrimination law; or
! Testifies, assists, or participates in any manner in an
investigation or proceeding regarding an allegation or
complaint pursuant to an anti-discrimination law.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add article 29.5 to2
title 22 as follows:3
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ARTICLE 29.51
Disability Rights Protections in Public Elementary and Secondary2
Schools3
22-29.5-101. Legislative declaration.4
(1) THE GENERAL ASSEMBLY FINDS AND DECLARES THAT:5
(a) S ECTION 2 OF ARTICLE IX OF THE STATE CONSTITUTION6
REQUIRES THE STATE TO MAINTAIN A THOROUGH AND UNIFORM SYSTEM OF7
FREE PUBLIC SCHOOLS THAT SERVES ALL CHILDREN IN COLORADO,8
INCLUDING STUDENTS WITH DISABILITIES;9
(b) E NSURING EQUAL ACCESS TO EDUCATIONAL PROGRAMS ,10
SERVICES, AND ACTIVITIES IS ESSENTIAL TO FULFILLING THIS11
CONSTITUTIONAL MANDATE , ADVANCING THE STATE 'S LONGSTANDING12
COMMITMENT TO EDUCATIONAL EQUITY AND NONDISCRIMINATION ,13
PROMOTING ACADEMIC ACHIEVEMENT AMONG STUDENTS WITH14
DISABILITIES, AND CLOSING OPPORTUNITY GAPS;15
(c) C OLORADO HAS A STRONG CONSTITUTIONAL TRADITION OF16
PROTECTING INDIVIDUAL RIGHTS AS SET FORTH IN ARTICLE 2 OF THE STATE17
CONSTITUTION, INCLUDING THE GUARANTEES OF EQUALITY OF RIGHTS ,18
DUE PROCESS OF LAW, AND SECURITY OF PERSONS;19
(d) STUDENTS WITH DISABILITIES HAVE HISTORICALLY RELIED ON20
FEDERAL CIVIL RIGHTS LAWS, INCLUDING SECTION 504 OF THE FEDERAL21
"REHABILITATION ACT OF 1973" AND TITLE II OF THE FEDERAL22
"AMERICANS WITH DISABILITIES ACT OF 1990", TO SAFEGUARD THEIR23
ACCESS TO EDUCATIONAL OPPORTUNITIES AND PROTECT THEMSELVES24
FROM DISCRIMINATION;25
(e) INCORPORATING CORE PROTECTIONS OF THESE FEDERAL LAWS26
INTO STATE STATUTE STRENGTHENS COLORADO'S ENFORCEMENT27
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FRAMEWORK, ENSURES CONTINUITY OF RIGHTS REGARDLESS OF CHANGES1
TO FEDERAL ENFORCEMENT PRIORITIES , AND PROMOTES CLARITY AND2
CONSISTENCY FOR STUDENTS , FAMILIES , AND LOCAL EDUCATION3
PROVIDERS;4
(f) I T IS IN THE INTEREST OF THE STATE TO CODIFY FEDERAL5
DISABILITY-BASED NONDISCRIMINATION REQUIREMENTS APPLICABLE TO6
PUBLIC ELEMENTARY AND SECONDARY EDUCATION, TO AFFIRM THE RIGHT7
OF EACH QUALIFIED STUDENT WITH A DISABILITY TO A FREE APPROPRIATE8
PUBLIC EDUCATION, AND TO ESTABLISH CLEAR OBLIGATIONS FOR LOCAL9
EDUCATION PROVIDERS CONCERNING IDENTIFICATION , EVALUATION ,10
EDUCATIONAL PLACEMENT, REASONABLE ACCOMMODATIONS, EFFECTIVE11
COMMUNICATION, PHYSICAL ACCESSIBILITY, AND PROTECTIONS AGAINST12
HARASSMENT AND RETALIATION; AND13
(g) P ROVIDING STATE -LEVEL REMEDIES , OVERSIGHT , AND14
ENFORCEMENT MECHANISMS, INCLUDING A UNIFORM COMPLAINT PROCESS15
ADMINISTERED BY THE STATE DEPARTMENT OF EDUCATION, COMPLEMENTS16
FEDERAL SAFEGUARDS, PROMOTES TIMELY AND LOCAL RESOLUTION OF17
CONCERNS, AND ENSURES THAT STUDENTS WITH DISABILITIES HAVE18
RELIABLE AND ACCESSIBLE AVENUES FOR ADDRESSING VIOLATIONS OF19
THEIR RIGHTS.20
(2) THE GENERAL ASSEMBLY FURTHER FINDS AND DECLARES THAT21
THE PURPOSE OF THIS ARTICLE 29.5 IS TO:22
(a) U PHOLD THE STATE 'S CONSTITUTIONAL OBLIGATION TO23
PROVIDE A THOROUGH AND UNIFORM SYSTEM OF FREE PUBLIC SCHOOLS;24
(b) AFFIRM THE STATE'S COMMITMENT TO EQUAL EDUCATIONAL25
OPPORTUNITY AND NONDISCRIMINATION FOR STUDENTS WITH26
DISABILITIES;27
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(c) ENSURE THAT PUBLIC SCHOOLS PROVIDE QUALIFIED STUDENTS1
WITH DISABILITIES WITH THE AIDS , BENEFITS , SERVICES , AND2
OPPORTUNITIES NECESSARY TO PARTICIPATE FULLY AND MEANINGFULLY3
IN EDUCATIONAL PROGRAMS;4
(d) C REATE CLEAR , CONSISTENT STATEWIDE STANDARDS AND5
PROCEDURES THAT ALIGN WITH FEDERAL REQUIREMENTS WHILE6
PROVIDING INDEPENDENT STATE PROTECTIONS; AND7
(e) ENSURE THAT ALL STUDENTS WITH DISABILITIES IN THE STATE8
ARE EDUCATED IN ENVIRONMENTS THAT RESPECT THEIR DIGNITY ,9
INDEPENDENCE, AND RIGHT TO PARTICIPATE FULLY IN THE LIFE OF THEIR10
SCHOOLS AND COMMUNITIES.11
22-29.5-102. Definitions.12
AS USED IN THIS ARTICLE 29.5, UNLESS THE CONTEXT OTHERWISE13
REQUIRES:14
(1) "AMERICANS WITH DISABILITIES ACT" OR "ADA" MEANS THE15
FEDERAL "AMERICANS WITH DISABILITIES ACT OF 1990", 42 U.S.C. SEC.16
12101 ET SEQ.17
(2) "APPROPRIATE PUBLIC EDUCATION" MEANS THE PROVISION OF18
PUBLIC EDUCATION AND RELATED AIDS AND SERVICES THAT ARE DESIGNED19
TO MEET THE INDIVIDUAL EDUCATIONAL NEEDS OF A QUALIFIED STUDENT20
WITH A DISABILITY AS ADEQUATELY AS THE NEEDS OF A STUDENT21
WITHOUT A DISABILITY AND ARE BASED ON ADHERENCE TO PROCEDURES22
THAT SATISFY THE REQUIREMENTS OF THIS ARTICLE 29.5.23
(3) "DAYS" MEANS CALENDAR DAYS.24
(4) "D EPARTMENT" MEANS THE DEPARTMENT OF EDUCATION25
CREATED AND EXISTING PURSUANT TO SECTION 24-1-115.26
(5) "D ISABILITY" MEANS A PHYSICAL OR MENTAL IMPAIRMENT27
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THAT SUBSTANTIALLY LIMITS ONE OR MORE MAJOR LIFE ACTIVITIES , A1
RECORD OF SUCH AN IMPAIRMENT, OR BEING REGARDED AS HAVING SUCH2
AN IMPAIRMENT.3
(6) "F ACILITIES" MEANS ALL OR ANY PORTION OF BUILDINGS ,4
STRUCTURES, EQUIPMENT, ROADS, WALKS, PARKING LOTS, OR OTHER REAL5
OR PERSONAL PROPERTY OR INTERESTS IN SUCH PROPERTY.6
(7) "FREE" MEANS THE PROVISION OF EDUCATIONAL AND RELATED7
SERVICES WITHOUT COST TO A QUALIFIED STUDENT WITH A DISABILITY OR8
THE STUDENT'S PARENT OR GUARDIAN. A FREE EDUCATION MAY CONSIST9
OF EITHER THE PROVISION OF FREE SERVICES THROUGH A PROGRAM10
OPERATED BY A LOCAL EDUCATION PROVIDER OR PAYMENT BY A LOCAL11
EDUCATION PROVIDER TO A THIRD PARTY IF THE LOCAL EDUCATION12
PROVIDER PLACES A STUDENT IN A PROGRAM OTHER THAN ONE OPERATED13
BY THE LOCAL EDUCATION PROVIDER . FUNDS AVAILABLE FROM ANY14
PUBLIC OR PRIVATE AGENCY MAY BE USED TO MEET THE REQUIREMENTS15
OF THIS ARTICLE 29.5.16
(8) "I NDIVIDUALIZED EDUCATION PROGRAM" OR "IEP" HAS THE17
MEANING SET FORTH IN SECTION 22-20-103 (15).18
(9) "I NDIVIDUALS WITH DISABILITIES EDUCATION ACT" OR19
"IDEA" MEANS THE FEDERAL "INDIVIDUALS WITH DISABILITIES20
EDUCATION ACT", 20 U.S.C. SEC. 1400 ET SEQ.21
(10) "LOCAL EDUCATION PROVIDER" MEANS A SCHOOL DISTRICT,22
A CHARTER SCHOOL AUTHORIZED BY A SCHOOL DISTRICT PURSUANT TO23
PART 1 OF ARTICLE 30.5 OF THIS TITLE 22, A CHARTER SCHOOL24
AUTHORIZED BY THE STATE CHARTER SCHOOL INSTITUTE PURSUANT TO25
PART 5 OF ARTICLE 30.5 OF THIS TITLE 22, THE STATE CHARTER SCHOOL26
INSTITUTE ESTABLISHED IN SECTION 22-30.5-503, A STATE -OPERATED27
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PROGRAM, OR A BOARD OF COOPERATIVE SERVICES CREATED AND1
OPERATING PURSUANT TO ARTICLE 5 OF THIS TITLE 22 THAT OPERATES ONE2
OR MORE PUBLIC SCHOOLS.3
(11) "PARENT" HAS THE MEANING IN SECTION 22-20-103 (19.7).4
(12) "QUALIFIED STUDENT WITH A DISABILITY" MEANS A STUDENT5
WHO HAS A DISABILITY AND WHO IS ENTITLED TO A FREE PUBLIC6
EDUCATION PURSUANT TO SECTION 22-33-103. 7
(13) "S ECTION 504" MEANS SECTION 504 OF THE FEDERAL8
"REHABILITATION ACT OF 1973", 29 U.S.C. SEC. 701 ET SEQ.9
(14) "S ECTION 504 PLAN " MEANS A PLAN MADE PURSUANT TO10
SECTION 504 THAT PROVIDES ACCOMMODATIONS, SERVICES, AND OTHER11
SUPPORT FOR A QUALIFIED STUDENT WITH A DISABILITY.12
22-29.5-103. Discrimination prohibited.13
(1) N O QUALIFIED STUDENT WITH A DISABILITY SHALL BE14
EXCLUDED FROM PARTICIPATION IN , DENIED THE BENEFITS OF , OR15
OTHERWISE SUBJECTED TO DISCRIMINATION BY A LOCAL EDUCATION16
PROVIDER IN PROVISION OF ITS PROGRAMS, SERVICES, AND ACTIVITIES.17
(2) A LOCAL EDUCATION PROVIDER , IN PROVIDING ANY AID ,18
BENEFIT, OR SERVICE, MAY NOT, DIRECTLY OR THROUGH CONTRACTUAL,19
LICENSING, OR OTHER ARRANGEMENTS, BASED ON DISABILITY:20
(a) D ENY A QUALIFIED STUDENT WITH A DISABILITY THE21
OPPORTUNITY TO PARTICIPATE IN OR BENEFIT FROM THE AID, BENEFIT, OR22
SERVICE;23
(b) A FFORD A QUALIFIED STUDENT WITH A DISABILITY AN24
OPPORTUNITY TO PARTICIPATE IN OR BENEFIT FROM THE AID, BENEFIT, OR25
SERVICE THAT IS NOT EQUAL TO THAT AFFORDED TO OTHERS;26
(c) PROVIDE A QUALIFIED STUDENT WITH A DISABILITY WITH AN27
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AID, BENEFIT, OR SERVICE THAT IS NOT AS EFFECTIVE AS THAT PROVIDED1
TO OTHERS;2
(d) P ROVIDE DIFFERENT OR SEPARATE AIDS , BENEFITS , OR3
SERVICES TO A QUALIFIED STUDENT WITH A DISABILITY OR TO ANY CLASS4
OF QUALIFIED STUDENTS WITH A DISABILITY UNLESS SUCH ACTION IS5
NECESSARY TO PROVIDE A QUALIFIED STUDENT WITH A DISABILITY WITH6
AIDS, BENEFITS, OR SERVICES THAT ARE AS EFFECTIVE AS THOSE PROVIDED7
TO OTHERS;8
(e) AID OR PERPETUATE DISCRIMINATION AGAINST A QUALIFIED9
STUDENT WITH A DISABILITY BY PROVIDING SIGNIFICANT ASSISTANCE TO10
AN AGENCY , ORGANIZATION, OR PERSON THAT DISCRIMINATES ON THE11
BASIS OF DISABILITY IN PROVIDING ANY AID , BENEFIT , OR SERVICE TO12
BENEFICIARIES OF THE LOCAL EDUCATION PROVIDER 'S EDUCATIONAL13
PROGRAM OR ACTIVITY; OR14
(f) OTHERWISE LIMIT A QUALIFIED STUDENT WITH A DISABILITY IN15
THE ENJOYMENT OF ANY RIGHT, PRIVILEGE, ADVANTAGE, OR OPPORTUNITY16
ENJOYED BY OTHERS RECEIVING AN EDUCATIONAL AID , BENEFIT , OR17
SERVICE.18
(3) F OR PURPOSES OF THIS ARTICLE 29.5, AN AID , BENEFIT , OR19
SERVICE, TO BE EQUALLY EFFECTIVE, IS NOT REQUIRED TO PRODUCE THE20
IDENTICAL RESULT OR LEVEL OF ACHIEVEMENT FOR QUALIFIED STUDENTS21
WITH A DISABILITY AND STUDENTS WITHOUT A DISABILITY , BUT MUST22
AFFORD A QUALIFIED STUDENT WITH A DISABILITY EQUAL OPPORTUNITY23
TO OBTAIN THE SAME RESULT, TO GAIN THE SAME BENEFIT, OR TO REACH24
THE SAME LEVEL OF ACHIEVEMENT IN THE MOST INTEGRATED SETTING25
APPROPRIATE TO THE STUDENT'S NEEDS.26
(4) D ESPITE THE EXISTENCE OF SEPARATE OR DIFFERENT AIDS ,27
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BENEFITS, OR SERVICES PROVIDED IN ACCORDANCE WITH THIS TITLE 22, A1
LOCAL EDUCATION PROVIDER MAY NOT DENY A QUALIFIED STUDENT WITH2
A DISABILITY THE OPPORTUNITY TO PARTICIPATE IN SUCH AIDS, BENEFITS,3
OR SERVICES THAT ARE NOT SEPARATE OR DIFFERENT.4
(5) A LOCAL EDUCATION PROVIDER SHALL NOT , DIRECTLY OR5
THROUGH CONTRACTUAL OR OTHER ARRANGEMENTS , USE CRITERIA OR6
METHODS OF ADMINISTRATION THAT:7
(a) HAVE THE EFFECT OF SUBJECTING A QUALIFIED STUDENT WITH8
A DISABILITY TO DISCRIMINATION ON THE BASIS OF THEIR DISABILITY;9
(b) H AVE THE PURPOSE OR EFFECT OF DEFEATING OR10
SUBSTANTIALLY IMPAIRING THE ACCOMPLISHMENT OF THE OBJECTIVES OF11
THE LOCAL EDUCATION PROVIDER'S PROGRAM OR ACTIVITY WITH RESPECT12
TO A QUALIFIED STUDENT WITH A DISABILITY; OR13
(c) P ERPETUATE THE DISCRIMINATION OF ANOTHER LOCAL14
EDUCATION PROVIDER IF BOTH LOCAL EDUCATION PROVIDERS ARE15
SUBJECT TO COMMON ADMINISTRATIVE CONTROL OR ARE AGENCIES OF THE16
STATE.17
(6) I N DETERMINING THE SITE OR LOCATION OF A FACILITY , A18
LOCAL EDUCATION PROVIDER SHALL NOT MAKE SELECTIONS THAT:19
(a) HAVE THE EFFECT OF EXCLUDING A QUALIFIED STUDENT WITH20
A DISABILITY FROM A FACILITY OR DENYING A QUALIFIED STUDENT WITH21
A DISABILITY THE BENEFITS OF A FACILITY, OR OTHERWISE SUBJECTING A22
QUALIFIED STUDENT WITH A DISABILITY TO DISCRIMINATION; OR23
(b) H AVE THE PURPOSE OR EFFECT OF DEFEATING OR24
SUBSTANTIALLY IMPAIRING THE ACCOMPLISHMENT OF THE OBJECTIVES OF25
THE PROGRAM OR ACTIVITY WITH RESPECT TO A QUALIFIED STUDENT WITH26
A DISABILITY.27
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(7) A LOCAL EDUCATION PROVIDER SHALL CONDUCT EVALUATIONS1
AND REEVALUATIONS OF A STUDENT IN THE STUDENT 'S PRIMARY2
LANGUAGE. A LOCAL EDUCATION PROVIDER MUST ENSURE MEANINGFUL3
COMMUNICATION WITH A PARENT WITH LIMITED ENGLISH PROFICIENCY IN4
A LANGUAGE THAT THE PARENT CAN UNDERSTAND AND ADEQUATELY5
NOTIFY A PARENT WITH LIMITED ENGLISH PROFICIENCY OF INFORMATION6
ABOUT ANY PROGRAM , SERVICE, OR ACTIVITY OF A LOCAL EDUCATION7
PROVIDER THAT IS CALLED TO THE ATTENTION OF A PARENT WHO IS8
PROFICIENT IN ENGLISH.9
22-29.5-104. Grievance process - coordinator - training.10
(1) A LOCAL EDUCATION PROVIDER SHALL:11
(a) ADOPT A DISABILITY RIGHTS GRIEVANCE PROCESS, WHICH MAY12
BE SATISFIED BY ADOPTING A SECTION 504 GRIEVANCE PROCEDURE THAT13
FULFILLS THE REQUIREMENTS OF 34 CFR 104.7 (b) AND THAT ALLOWS14
GRIEVANCES TO BE FILED BY STUDENTS, PARENTS, EMPLOYEES OF LOCAL15
EDUCATION PROVIDERS, OR THIRD PARTIES;16
(b) D ESIGNATE AT LEAST ONE RESPONSIBLE EMPLOYEE TO17
OVERSEE COMPLIANCE WITH THIS ARTICLE 29.5 AND SERVE AS A POINT OF18
CONTACT FOR STUDENTS, PARENTS, THE DEPARTMENT, AND THIRD PARTIES19
SUBJECT TO THE FOLLOWING:20
(I) THE RESPONSIBLE EMPLOYEE MUST RECEIVE TRAINING ABOUT21
HOW TO COMPLY WITH THE REQUIREMENTS OF THIS ARTICLE 29.5,22
INCLUDING CREATING INCLUSIVE AND RESPECTFUL ENVIRONMENTS FOR23
STUDENTS WITH DISABILITIES , DISABILITY RIGHTS , AND THE DISABILITY24
RIGHTS GRIEVANCE PROCESS WITHIN SIXTY DAYS OF BEING DESIGNATED;25
(II) IN ADDITION TO OVERSEEING COMPLIANCE WITH THIS ARTICLE26
29.5 AND SERVING AS A POINT OF CONTACT FOR STUDENTS, PARENTS, AND27
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THIRD PARTIES WHO HAVE QUESTIONS OR CONCERNS ABOUT THE1
REQUIREMENTS OF THIS ARTICLE 29.5, THE RESPONSIBLE EMPLOYEE MAY2
ALSO SERVE AS THE RESPONSIBLE EMPLOYEE REQUIRED BY 34 CFR 104.73
(a); AND4
(III) A LOCAL EDUCATION PROVIDER SHALL PROVIDE THE5
RESPONSIBLE EMPLOYEE WITH THE NECESSARY TIME , RESOURCES, AND6
AUTHORITY TO FULFILL THE OBLIGATIONS SET FORTH IN THIS ARTICLE7
29.5;8
(c) PROVIDE INITIAL AND CONTINUING NOTIFICATION TO STUDENTS9
AND PARENTS THAT THE LOCAL EDUCATION PROVIDER MUST NOT10
DISCRIMINATE ON THE BASIS OF DISABILITY . THE NOTIFICATION SHALL11
INCLUDE THE NAME, TITLE, PHONE NUMBER, AND EMAIL ADDRESS OF THE12
RESPONSIBLE EMPLOYEE DESIGNATED PURSUANT TO SUBSECTION (1)(b) OF13
THIS SECTION. A LOCAL EDUCATION PROVIDER SHALL PROVIDE THE INITIAL14
NOTIFICATION REQUIRED BY THIS SUBSECTION (1)(c) ON OR BEFORE APRIL15
1, 2027. METHODS OF INITIAL AND CONTINUING NOTIFICATION INCLUDE16
THE PUBLIC POSTING OF HARD -COPY NOTICES IN SCHOOLS AND IN THE17
CENTRAL OFFICE BUILDING OF A SCHOOL ; INCLUSION IN STUDENT AND18
EMPLOYEE HANDBOOKS; INCLUSION IN NEWSLETTERS, MASS EMAILS, AND19
INFORMATION SENT HOME TO PARENTS ; PLACEMENT OF NOTICES IN THE20
LOCAL EDUCATION PROVIDER'S PUBLICATIONS AND ONLINE MATERIALS ,21
INCLUDING THE LOCAL EDUCATION PROVIDER 'S WEBSITE AND SOCIAL22
MEDIA; OR DISTRIBUTION OF MEMORANDA OR OTHER WRITTEN23
COMMUNICATIONS. THIS NOTICE REQUIREMENT MAY BE MET IN24
CONJUNCTION WITH ANY NOTICE REQUIRED BY 34 CFR 104.8, OR 28 CFR25
35.106.26
(d) TRAIN RELEVANT STAFF ANNUALLY ABOUT THE REQUIREMENTS27
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OF THIS ARTICLE 29.5. FOR PURPOSES OF THIS SECTION, "RELEVANT STAFF"1
INCLUDES THE EMPLOYEE DESIGNATED PURSUANT TO THIS SECTION , AT2
LEAST ONE ADMINISTRATOR FROM EACH EDUCATIONAL BUILDING ON THE3
LOCAL EDUCATION PROVIDER'S PREMISES, AND OTHER STAFF REGULARLY4
INVOLVED WITH DEVELOPING, IMPLEMENTING, AND COORDINATING PLANS5
IN ACCORDANCE WITH THIS ARTICLE 29.5.6
22-29.5-105. Reasonable accommodations.7
(1) EXCEPT AS PROVIDED IN SUBSECTION (2) OF THIS SECTION, A8
LOCAL EDUCATION PROVIDER SHALL MAKE A REASONABLE9
ACCOMMODATION TO A POLICY , PRACTICE , OR PROCEDURE WHEN THE10
ACCOMMODATION IS NECESSARY TO AVOID DISCRIMINATING AGAINST A11
QUALIFIED STUDENT WITH A DISABILITY ON THE BASIS OF DISABILITY ,12
UNLESS THE LOCAL EDUCATION PROVIDER CAN DEMONSTRATE THAT13
MAKING THE REASONABLE ACCOMMODATION WOULD FUNDAMENTALLY14
ALTER THE NATURE OF THE SERVICE, PROGRAM, OR ACTIVITY COVERED BY15
THE POLICY, PRACTICE, OR PROCEDURE, OR CAUSE AN UNDUE FINANCIAL16
OR ADMINISTRATIVE BURDEN ON THE LOCAL EDUCATION PROVIDER.17
(2) A LOCAL EDUCATION PROVIDER IS NOT REQUIRED TO MAKE A18
REASONABLE ACCOMMODATION TO A POLICY, PRACTICE, OR PROCEDURE19
TO AVOID DISCRIMINATING AGAINST AN INDIVIDUAL WHO IS ONLY20
REGARDED AS HAVING A DISABILITY PURSUANT TO THE ADA.21
22-29.5-106. Effective communication.22
(1) A LOCAL EDUCATION PROVIDER SHALL ENSURE THAT23
COMMUNICATION WITH A QUALIFIED STUDENT WITH A DISABILITY IS AS24
EFFECTIVE AS COMMUNICATION WITH A STUDENT WITHOUT A DISABILITY.25
(2) A LOCAL EDUCATION PROVIDER SHALL FURNISH APPROPRIATE26
AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD A27
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QUALIFIED STUDENT WITH A DISABILITY AN EQUAL OPPORTUNITY TO1
PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE , PROGRAM, OR2
ACTIVITY OF THE LOCAL EDUCATION PROVIDER.3
(3) T HE TYPE OF AUXILIARY AID OR SERVICE NECESSARY TO4
ENSURE EFFECTIVE COMMUNICATION WITH A QUALIFIED STUDENT WITH A5
DISABILITY MAY VARY IN ACCORDANCE WITH THE:6
(a) M ETHOD OF COMMUNICATION USED BY THE QUALIFIED7
STUDENT WITH A DISABILITY;8
(b) N ATURE, LENGTH , AND COMPLEXITY OF THE INVOLVED9
COMMUNICATION; AND10
(c) CONTEXT IN WHICH THE COMMUNICATION IS TAKING PLACE.11
(4) I N DETERMINING WHAT TYPE S OF AUXILIARY AIDS AND12
SERVICES ARE NECESSARY TO ENSURE EFFECTIVE COMMUNICATION WITH13
A QUALIFIED STUDENT WITH A DISABILITY, A LOCAL EDUCATION PROVIDER14
SHALL GIVE PRIMARY CONSIDERATION TO THE REQUEST OF OR ON BEHALF15
OF A QUALIFIED STUDENT WITH A DISABILITY . TO BE EFFECTIVE , AN16
AUXILIARY AID OR SERVICE MUST BE PROVIDED IN A FORMAT THAT IS17
ACCESSIBLE TO A QUALIFIED STUDENT WITH A DISABILITY , IN A TIMELY18
MANNER, AND IN SUCH A WAY AS TO PROTECT THE PRIVACY AND19
INDEPENDENCE OF THE QUALIFIED STUDENT WITH A DISABILITY.20
(5) (a) A LOCAL EDUCATION PROVIDER SHALL NOT REQUIRE A21
QUALIFIED STUDENT WITH A DISABILITY TO PROVIDE AN INTERPRETER.22
(b) A LOCAL EDUCATION PROVIDER SHALL NOT RELY ON AN ADULT23
ACCOMPANYING A QUALIFIED STUDENT WITH A DISABILITY TO INTERPRET24
OR FACILITATE COMMUNICATION, EXCEPT:25
(I) IN AN EMERGENCY INVOLVING AN IMMINENT THREAT TO THE26
SAFETY OR WELFARE OF AN INDIVIDUAL OR THE PUBLIC AND NO27
SB26-125-15-
INTERPRETER IS AVAILABLE; OR1
(II) W HEN THE QUALIFIED STUDENT WITH A DISABILITY2
SPECIFICALLY REQUESTS THAT THE ACCOMPANYING ADULT INTERPRET OR3
FACILITATE COMMUNICATION , THE ACCOMPANYING ADULT AGREES TO4
PROVIDE SUCH ASSISTANCE , AND RELIANCE ON THAT ADULT FOR SUCH5
ASSISTANCE IS APPROPRIATE UNDER THE CIRCUMSTANCES.6
(c) A LOCAL EDUCATION PROVIDER SHALL NOT RELY ON A MINOR7
TO INTERPRET OR FACILITATE COMMUNICATION , EXCEPT IN AN8
EMERGENCY INVOLVING AN IMMINENT THREAT TO THE SAFETY OR9
WELFARE OF AN INDIVIDUAL OR THE PUBLIC AND NO INTERPRETER IS10
AVAILABLE.11
22-29.5-107. Physical accessibility - definition.12
NO QUALIFIED STUDENT WITH A DISABILITY MAY BE DENIED THE13
BENEFITS OF, BE EXCLUDED FROM PARTICIPATION IN , OR OTHERWISE BE14
SUBJECTED TO DISCRIMINATION UNDER A LOCAL EDUCATION PROVIDER'S15
PROGRAMS OR ACTIVITIES BECAUS E THE LOCAL EDUCATION PROVIDER 'S16
FACILITIES ARE INACCESSIBLE TO OR CANNOT BE ACCESSED SAFELY BY17
PERSONS WITH DISABILITIES . IN IMPLEMENTING THIS SECTION , LOCAL18
EDUCATION PROVIDERS MAY REFER TO THE SECTION 504 REGULATIONS AT19
SUBPART C, THE ADA REGULATIONS AT SUBPART D, AND ACCESSIBILITY20
STANDARDS SUCH AS THE UNIFORM FEDERAL ACCESSIBILITY STANDARDS,21
THE 1991 ADA STANDARDS FOR ACCESSIBLE DESIGN, AND THE 2010 ADA22
STANDARDS FOR ACCESSIBLE DESIGN.23
22-29.5-108. Free and appropriate public education.24
(1) A LOCAL EDUCATION PROVIDER SHALL PROVIDE A FREE AND25
APPROPRIATE PUBLIC EDUCATION TO EACH QUALIFIED STUDENT WITH A26
DISABILITY WHO IS IN THE LOCAL EDUCATION PROVIDER'S JURISDICTION,27
SB26-125-16-
REGARDLESS OF THE NATURE OR SEVERITY OF THE STUDENT'S DISABILITY.1
(2) A LOCAL EDUCATION PROVIDER SHALL ENSURE THAT A2
QUALIFIED STUDENT WITH A DISABILITY WITHIN THAT LOCAL EDUCATION3
PROVIDER'S JURISDICTION RECEIVES AN APPROPRIATE EDUCATION EVEN IF4
THE STUDENT IS PLACED OR REFERRED TO A PROGRAM , AID, BENEFIT, OR5
SERVICE OTHER THAN ONE OPERATED BY THE LOCAL EDUCATION6
PROVIDER.7
(3) A FREE EDUCATION MAY CONSIST OF EITHER THE PROVISION OF8
FREE SERVICES OR PAYMENT TO A THIRD PARTY IF THE LOCAL EDUCATION9
PROVIDER PLACES A QUALIFIED STUDENT WITH A DISABILITY IN A10
PROGRAM OTHER THAN ONE OPERATED BY THE LOCAL EDUCATION11
PROVIDER.12
(4) I F A LOCAL EDUCATION PROVIDER PLACES A QUALIFIED13
STUDENT WITH A DISABILITY OR REFERS SUCH STUDENT FOR AID, BENEFITS,14
OR SERVICES AT A FACILITY NOT OPERATED OR PROVIDED BY THE LOCAL15
EDUCATION PROVIDER AS A MEANS OF PROVIDING A FREE AND16
APPROPRIATE PUBLIC EDUCATION , THE REFERRING LOCAL EDUCATION17
PROVIDER SHALL ENSURE THAT THE QUALIFIED STUDENT WITH A18
DISABILITY HAS ADEQUATE TRANSPORTATION TO AND FROM THE FACILITY19
WHERE THE AID , BENEFITS , OR SERVICES ARE PROVIDED . THE20
TRANSPORTATION MUST BE PROVIDED AT NO GREATER COST THAN WOULD21
BE INCURRED BY THE QUALIFIED STUDENT WITH A DISABILITY OR THEIR22
PARENT IF THE STUDENT RECEIVED THE AIDS, BENEFITS, OR SERVICES FROM23
THE REFERRING LOCAL EDUCATION PROVIDER.24
(5) I F IT IS NECESSARY FOR A QUALIFIED STUDENT WITH A25
DISABILITY TO BE PLACED IN A PUBLIC OR PRIVATE RESIDENTIAL FACILITY26
TO PROVIDE THE STUDENT WITH A FREE AND APPROPRIATE PUBLIC27
SB26-125-17-
EDUCATION, AS DETERMINED BY A SECTION 504 TEAM OR IEP TEAM, THE1
PLACEMENT, INCLUDING NONMEDICAL CARE AND ROOM AND BOARD ,2
SHALL BE PROVIDED AT NO COST TO THE STUDENT OR THEIR PARENTS OR3
GUARDIANS.4
(6) I F A LOCAL EDUCATION PROVIDER HAS MADE AVAILABLE A5
FREE AND APPROPRIATE PUBLIC EDUCATION TO A QUALIFIED STUDENT6
WITH A DISABILITY PURSUANT TO THIS SECTION AND THE STUDENT 'S7
PARENTS OR GUARDIANS CHOOSE TO PLACE THE STUDENT IN A PRIVATE8
SCHOOL, THE LOCAL EDUCATION PROVIDER IS NOT REQUIRED TO PAY FOR9
THE STUDENT'S EDUCATION IN THE PRIVATE SCHOOL.10
22-29.5-109. Least restrictive environment - academic settings11
- nonacademic settings - comparable facilities.12
(1) A LOCAL EDUCATION PROVIDER SHALL PROVIDE A FREE AND13
APPROPRIATE PUBLIC EDUCATION TO EACH QUALIFIED STUDENT WITH A14
DISABILITY WITHIN ITS JURISDICTION WITH STUDENTS WITHOUT15
DISABILITIES TO THE MAXIMUM EXTENT APPROPRIATE BASED ON THE16
NEEDS OF THE QUALIFIED STUDENT WITH A DISABILITY . A LOCAL17
EDUCATION PROVIDER SHALL PLACE A QUALIFIED STUDENT WITH A18
DISABILITY IN THE REGULAR EDUCATIONAL ENVIRONMENT OPERATED BY19
THE LOCAL EDUCATION PROVIDER UNLESS IT IS DEMONSTRATED THAT THE20
EDUCATION OF THE STUDENT IN THAT ENVIRONMENT CANNOT BE21
ACHIEVED SATISFACTORILY, EVEN WITH THE USE OF SUPPLEMENTARY AIDS22
AND SERVICES . WHENEVER A LOCAL EDUCATION PROVIDER PLACES A23
STUDENT IN A SETTING OTHER THAN THE REGULAR EDUCATIONAL24
ENVIRONMENT PURSUANT TO THIS SUBSECTION (1), IT SHALL CONSIDER25
THE PROXIMITY OF THE ALTERNATE SETTING TO THE STUDENT'S HOME.26
(2) I N PROVIDING OR ARRANGING FOR THE PROVISION OF27
SB26-125-18-
NONACADEMIC SERVICES AND ACTIVITIES, INCLUDING MEALS, SPECIALS,1
RECESS PERIODS , AND EXTRACURRICULAR ACTIVITIES , A LOCAL2
EDUCATION PROVIDER SHALL ENSURE THAT A QUALIFIED STUDENT WITH3
A DISABILITY PARTICIPATES IN SUCH ACTIVITIES AND SERVICES WITH4
STUDENTS WITHOUT DISABILITIES TO THE MAXIMUM EXTENT APPROPRIATE5
BASED ON THE NEEDS OF THE QUALIFIED STUDENT WITH A DISABILITY.6
(3) I F A LOCAL EDUCATION PROVIDER , IN COMPLIANCE WITH7
SUBSECTION (1) OF THIS SECTION , OPERATES A FACILITY THAT IS8
IDENTIFIABLE AS BEING FOR STUDENTS WITH DISABILITIES , THE LOCAL9
EDUCATION PROVIDER SHALL ENSURE THE FACILITY AND THE SERVICES10
AND ACTIVITIES PROVIDED THEREIN ARE COMPARABLE TO THE FACILITIES,11
SERVICES, AND ACTIVITIES OF THE LOCAL EDUCATION PROVIDER.12
22-29.5-110. Nonacademic and extracurricular services and13
activities - counseling services - physical education - athletics.14
(1) A LOCAL EDUCATION PROVIDER SHALL PROVIDE NONACADEMIC15
AND EXTRACURRICULAR SERVICES AND ACTIVITIES IN SUCH AS MANNER AS16
IS NECESSARY TO AFFORD A QUALIFIED STUDENT WITH A DISABILITY AN17
EQUAL OPPORTUNITY TO PARTICIPATE IN THE SERVICES AND ACTIVITIES .18
NONACADEMIC AND EXTRACURRICULAR SERVICES AND ACTIVITIES19
INCLUDE COUNSELING SERVICES , TRANSPORTATION , HEALTH SERVICES ,20
ATHLETICS, COURSES, SPECIAL INTEREST GROUPS OR CLUBS, REFERRALS,21
AND EMPLOYMENT OF STUDENTS.22
(2) A LOCAL EDUCATION PROVIDER SHALL ENSURE THAT A23
QUALIFIED STUDENT WITH A DISABILITY IS NOT COUNSELED TOWARD MORE24
RESTRICTIVE CAREER OBJECTIVES THAN ARE STUDENTS WITHOUT25
DISABILITIES WITH SIMILAR INTERESTS AND ABILITIES.26
(3) A LOCAL EDUCATION PROVIDER THAT PROVIDES SEPARATE OR27
SB26-125-19-
DIFFERENT PHYSICAL EDUCATION AND ATHLETIC ACTIVITIES TO STUDENTS1
WITH DISABILITIES MAY DO SO ONLY IF CONSISTENT WITH THE LEAST2
RESTRICTIVE ENVIRONMENT REQUIREMENTS IN SECTION 22-29.5-109 AND3
ONLY IF A QUALIFIED STUDENT WITH A DISABILITY IS NOT DENIED THE4
OPPORTUNITY TO COMPETE FOR ATHLETIC TEAMS OR TO PARTICIPATE IN5
ATHLETICS COURSES THAT ARE NOT SEPARATE OR DIFFERENT FROM THOSE6
TEAMS OR COURSES OFFERED TO STUDENTS WITHOUT DISABILITIES .7
COMPETITIVE OR SELECTIVE PROGRAMS MAY REQUIRE A SELECTION8
PROCESS IF THE PROGRAM CRITERIA IS NOT DISCRIMINATORY.9
22-29.5-111. Evaluation - consent - procedure - reevaluation.10
(1) AT LEAST ANNUALLY, A LOCAL EDUCATION PROVIDER MUST11
TAKE APPROPRIATE STEPS TO IDENTIFY AND LOCATE EVERY QUALIFIED12
STUDENT WITH A DISABILITY WHO RESIDES IN THE LOCAL EDUCATION13
PROVIDER'S JURISDICTION AND WHO IS NOT RECEIVING A PUBLIC14
EDUCATION AND TAKE APPROPRIATE STEPS TO NOTIFY THEIR PARENT OF15
THE LOCAL EDUCATION PROVIDER'S DUTY TO IDENTIFY AND LOCATE THE16
STUDENT IN ACCORDANCE WITH THIS SECTION.17
(2) P RIOR TO EVALUATING A STUDENT UNDER THIS SECTION , A18
LOCAL EDUCATION PROVIDER SHALL NOTIFY THE STUDENT 'S PARENT OF19
THE PROPOSED EVALUATION AND OBTAIN CONSENT FROM THE PARENT TO20
EVALUATE THE STUDENT.21
(3) I F A STUDENT 'S PARENT CONSENTS TO AN EVALUATION22
PURSUANT TO SUBSECTION (2) OF THIS SECTION , A LOCAL EDUCATION23
PROVIDER SHALL CONDUCT AN EVALUATION OF ANY STUDENT WHO IS, OR24
WHO IS BELIEVED TO BE , A QUALIFIED STUDENT WITH A DISABILITY TO25
DETERMINE IF THE STUDENT IS A QUALIFIED STUDENT WITH A DISABILITY.26
(4) A LOCAL EDUCATION PROVIDER SHALL ESTABLISH AND COMPLY27
SB26-125-20-
WITH STANDARDS AND PROCEDURES FOR EVALUATIONS THAT ARE1
CONSISTENT WITH THE REQUIREMENTS OF THIS SECTION AND SHALL2
ENSURE THAT:3
(a) T ESTS AND OTHER EVALUATION MATERIALS HAVE BEEN4
VALIDATED FOR THE SPECIFIC PURPOSE FOR WHICH THEY ARE USED AND5
ARE ADMINISTERED BY TRAINED PERSONNEL IN CONFORMANCE WITH THE6
INSTRUCTIONS PROVIDED BY THEIR PRODUCER;7
(b) TESTS AND OTHER EVALUATION MATERIALS INCLUDE THOSE8
CRITERIA TAILORED TO ASSESS SPECIFIC AREAS OF EDUCATIONAL NEED9
AND NOT MERELY THOSE WHICH ARE DESIGNED TO PROVIDE A SINGLE10
GENERAL INTELLIGENCE QUOTIENT; AND11
(c) T ESTS ARE SELECTED AND ADMINISTERED TO BEST ENSURE12
THAT, WHEN A TEST IS ADMINISTERED TO A STUDENT WITH IMPAIRED13
SENSORY, MANUAL, OR SPEAKING SKILLS, THE TEST RESULTS ACCURATELY14
REFLECT THE STUDENT 'S APTITUDE OR ACHIEVEMENT LEVEL OR OTHER15
FACTOR THAT THE TEST PURPORTS TO MEASURE , RATHER THAN16
REFLECTING THE STUDENT'S IMPAIRED SENSORY, MANUAL, OR SPEAKING17
SKILLS, EXCEPT WHERE THOSE SKILLS ARE THE FACTORS THAT THE TEST18
PURPORTS TO MEASURE.19
(5) I N INTERPRETING EVALUATION DATA AND IN MAKING20
PLACEMENT DECISIONS, A LOCAL EDUCATION PROVIDER SHALL:21
(a) D RAW UPON INFORMATION FROM A VARIETY OF SOURCES ,22
INCLUDING APTITUDE AND ACHIEVEMENT TESTS , TEACHER23
RECOMMENDATIONS, PHYSICAL CONDITION , SOCIAL OR CULTURAL24
BACKGROUND, AND ADAPTIVE BEHAVIOR;25
(b) E NSURE THAT INFORMATION OBTAINED FROM ALL SUCH26
SOURCES IS DOCUMENTED AND CAREFULLY CONSIDERED;27
SB26-125-21-
(c) E NSURE THAT THE ELIGIBILITY DETERMINATION AND1
PLACEMENT DECISION IS MADE BY A GROUP OF PERSONS THAT ARE2
KNOWLEDGEABLE ABOUT THE CHILD, THE MEANING OF THE EVALUATION3
DATA, AND THE PLACEMENT OPTIONS; AND4
(d) E NSURE THAT THE PLACEMENT DECISION IS MADE IN5
CONFORMITY WITH THE LEAST RESTRICTIVE ENVIRONMENT PROVISIONS IN6
SECTION 22-29.5-109.7
(6) F OR STUDENTS IDENTIFIED AS ELIGIBLE PURSUANT TO THIS8
ARTICLE 29.5, LOCAL EDUCATION PROVIDERS SHALL CONDUCT9
REEVALUATIONS AT LEAST EVERY THREE YEARS . CONSENT FROM A10
PARENT IS NOT REQUIRED FOR A REEVALUATION.11
(7) A LOCAL EDUCATION PROVIDER SATISFIES THE EVALUATION12
REQUIREMENTS IF:13
(a) T HE LOCAL EDUCATION PROVIDER COMPLIES WITH THE14
PROCEDURAL REQUIREMENTS SPECIFIED IN SECTION 22-29.5-112; AND15
(b) THE LOCAL EDUCATION PROVIDER AND PARENT AGREE ON THE16
STUDENT'S ELIGIBILITY AND PLACEMENT, INCLUDING THE SERVICES AND17
ACCOMMODATIONS THE STUDENT NEEDS.18
22-29.5-112. Procedural safeguards.19
A LOCAL EDUCATION PROVIDER SHALL ESTABLISH AND IMPLEMENT,20
WITH RESPECT TO ACTIONS REGARDING THE IDENTIFICATION, EVALUATION,21
OR EDUCATIONAL PLACEMENT OF A STUDENT WHO MAY HAVE A22
DISABILITY, A SYSTEM OF PROCEDURAL SAFEGUARDS THAT INCLUDES23
NOTICE OF THE PROPOSED IDENTIFICATION, EVALUATION DETERMINATION,24
OR EDUCATIONAL PLACEMENT DECISION, AN OPPORTUNITY FOR A PARENT25
OF THE STUDENT TO EXAMINE RELEVANT RECORDS , AN IMPARTIAL26
HEARING WITH OPPORTUNITY FOR PARTICIPATION BY THE STUDENT 'S27
SB26-125-22-
PARENT AND REPRESENTATION BY LEGAL COUNSEL, AND AN OPPORTUNITY1
TO APPEAL AN IMPARTIAL HEARING OUTCOME . COMPLIANCE WITH THE2
PROCEDURAL SAFEGUARDS OF THE IDEA IS ONE MEANS OF MEETING THIS3
REQUIREMENT.4
22-29.5-113. Harassment.5
(1) A LOCAL EDUCATION PROVIDER SHALL ENSURE THAT A6
QUALIFIED STUDENT WITH A DISABILITY IS FREE FROM HARASSMENT THAT7
CREATES A HOSTILE ENVIRONMENT. A "HOSTILE ENVIRONMENT" INCLUDES8
AN ENVIRONMENT THAT INTERFERES WITH OR LIMITS THE STUDENT 'S9
ABILITY TO PARTICIPATE IN OR BENEFIT FROM THE LOCAL EDUCATION10
PROVIDER'S SERVICES, ACTIVITIES, OR OPPORTUNITIES.11
(2) WHEN A LOCAL EDUCATION PROVIDER KNOWS OR REASONABLY12
SHOULD KNOW OF POSSIBLE DISABILITY -BASED HARASSMENT , IT MUST13
TAKE IMMEDIATE AND APPROPRIATE ACTION TO INVESTIGATE OR14
OTHERWISE DETERMINE WHAT OCCURRED.15
(3) IF THE INVESTIGATION REQUIRED BY SUBSECTION (2) OF THIS16
SECTION REVEALS THAT DISABILITY-BASED HARASSMENT IS SUFFICIENTLY17
SERIOUS TO CREATE A HOSTILE ENVIRONMENT , THE LOCAL EDUCATION18
PROVIDER MUST TAKE PROMPT AND EFFECTIVE STEPS REASONABLY19
CALCULATED TO END THE DISABILITY -BASED HARASSMENT, ELIMINATE20
THE HOSTILE ENVIRONMENT , PREVENT HARASSMENT AND A HOSTILE21
ENVIRONMENT FROM RECURRING , AND , AS APPROPRIATE , REMEDY THE22
HOSTILE ENVIRONMENT'S EFFECTS.23
(4) HARASSMENT ON ANY BASIS MAY ALSO IMPACT A QUALIFIED24
STUDENT WITH A DISABILITY 'S RECEIPT OF A FREE AND APPROPRIATE25
PUBLIC EDUCATION, IN WHICH CASE THE EFFECTS OF HARASSMENT, EVEN26
IF NOT BASED ON DISABILITY , MUST BE ADDRESSED BY THE STUDENT 'S27
SB26-125-23-
SECTION 504 TEAM OR IEP TEAM.1
22-29.5-114. Training - technical assistance - enforcement -2
allegation - complaint - dismissal - corrective action - exhaustion of3
administrative remedies.4
(1) THE DEPARTMENT SHALL PROVIDE TRAINING AND TECHNICAL5
ASSISTANCE TO LOCAL EDUCATION PROVIDERS ABOUT THE REQUIREMENTS6
OF THIS ARTICLE 29.5.7
(2) THE DEPARTMENT HAS THE AUTHORITY TO INVESTIGATE AND8
RESOLVE COMPLAINTS OF ALLEGED VIOLATIONS OF THIS ARTICLE 29.5 AND9
THE AUTHORITY TO MONITOR THE IMPLEMENTATION OF THE10
REQUIREMENTS OF THIS ARTICLE 29.5.11
(3) A COMPLAINANT MUST ALLEGE VIOLATIONS THAT OCCURRED12
WITHIN ONE CALENDAR YEAR BEFORE THE DATE THE COMPLAINT IS FILED13
WITH THE DEPARTMENT, OR WITHIN SIXTY DAYS FOLLOWING RESOLUTION14
OR TERMINATION OF THE PROCESS DESCRIBED IN SUBSECTION (6) OF THIS15
SECTION.16
(4) T HE COLORADO CIVIL RIGHTS DIVISION SHALL NOT HAVE17
JURISDICTION OVER ALLEGATIONS OR COMPLAINTS THAT FALL WITHIN THE18
SCOPE OF THIS ARTICLE 29.5. THE COLORADO CIVIL RIGHTS DIVISION19
SHALL ESTABLISH A SYSTEM TO ENSURE SUCH ALLEGATIONS OR20
COMPLAINTS ARE REFERRED TO THE DEPARTMENT WITHIN TEN DAYS OF21
RECEIVING AN ALLEGATION OR COMPLAINT.22
(5) T HE DEPARTMENT SHALL DISMISS AN ALLEGATION IN A23
COMPLAINT, OR THE ENTIRE COMPLAINT, IF:24
(a) (I) THE ALLEGATION, ON ITS FACE OR AS CLARIFIED, FAILS TO25
STATE A VIOLATION OF THIS ARTICLE 29.5, WHEN THE ALLEGATION, ON ITS26
FACE OR AS CLARIFIED, LACKS SUFFICIENT FACTUAL DETAIL, OR WHEN THE27
SB26-125-24-
ALLEGATION IS SO SPECULATIVE , CONCLUSORY, OR INCOHERENT , THAT1
THE DEPARTMENT CANNOT REASONABLY INFER THAT A VIOLATION OF THIS2
ARTICLE 29.5 OCCURRED OR MAY BE OCCURRING; OR3
(II) PRIOR TO DISMISSING AN ALLEGATION OR COMPLAINT FOR ONE4
OF THE REASONS SPECIFIED IN SUBSECTION (5)(a)(I) OF THIS SECTION, THE5
DEPARTMENT MAY REQUEST FROM THE COMPLAINANT INFORMATION TO6
FURTHER ASSESS WHETHER THE ALLEGATION OR COMPLAINT SHOULD BE7
DISMISSED FOR A REASON SPECIFIED IN SUBSECTION (5)(a)(I) OF THIS8
SECTION. THE COMPLAINANT HAS FOURTEEN DAYS FROM THE DATE OF THE9
DEPARTMENT'S REQUEST TO PROVIDE THE REQUESTED INFORMATION. THE10
DEPARTMENT MAY DISMISS AN ALLEGATION OR THE COMPLAINT IF THE11
INFORMATION IS NOT RECEIVED WITHIN FOURTEEN DAYS OF THE12
DEPARTMENT'S REQUEST , IF THE INFORMATION DOES NOT ESTABLISH13
JURISDICTION, OR IF THE INFORMATION DOES NOT SUFFICIENTLY ADDRESS14
THE FACTORS IN SUBSECTION (5)(a)(I) OF THIS SECTION , IN THE15
DEPARTMENT'S DISCRETION.16
(b) BASED ON ALL OF THE FACTS PROVIDED BY THE COMPLAINANT,17
THE DEPARTMENT CANNOT REASONABLY CONCLUDE THE LOCAL18
EDUCATION PROVIDER HAS VIOLATED THIS ARTICLE 29.5;19
(c) THE ALLEGATION OR COMPLAINT IS NOT TIMELY FILED WITH20
THE DEPARTMENT;21
(d) THE COMPLAINT IS FILED AGAINST A PERSON OR ENTITY THAT22
IS NOT A LOCAL EDUCATION PROVIDER;23
(e) T HE DEATH OF THE COMPLAINANT MAKES IT IMPOSSIBLE TO24
FULLY INVESTIGATE THE ALLEGATION;25
(f) THE DEATH OF THE COMPLAINANT FORECLOSES THE POSSIBILITY26
OF INDIVIDUAL RELIEF;27
SB26-125-25-
(g) THE SAME OR SIMILAR ALLEGATION OR COMPLAINT HAS BEEN1
FILED WITH OR IS BEING INVESTIGATED BY ANOTHER AGENCY, INCLUDING2
THE DEPARTMENT'S DISPUTE RESOLUTION OFFICE OR THROUGH THE LOCAL3
EDUCATION PROVIDER'S INTERNAL GRIEVANCE PROCESS. A COMPLAINANT4
MAY FILE OR REFILE AN ALLEGATION OR COMPLAINT WITH THE5
DEPARTMENT WITHIN SIXTY DAYS AFTER THE TERMINATION OF THE6
DEPARTMENT'S DISPUTE RESOLUTION OFFICE 'S PROCESS OR THE LOCAL7
EDUCATION PROVIDER 'S INTERNAL GRIEVANCE PROCESS . THE8
DEPARTMENT SHALL REVIEW WHETHER THE OTHER AGENCY 'S PROCESS9
MET ACCEPTABLE LEGAL STANDARDS OR MAY CHOOSE TO INVESTIGATE ON10
ITS OWN.11
(h) THE SAME OR SIMILAR ALLEGATION OR COMPLAINT, BASED ON12
THE SAME FACTS, HAS ALREADY BEEN RESOLVED BY THE DEPARTMENT ,13
ANOTHER AGENCY, OR THROUGH THE DISTRICT 'S INTERNAL GRIEVANCE14
PROCESS, USING ACCEPTABLE LEGAL STANDARDS;15
(i) THE SAME OR SIMILAR ALLEGATION OR COMPLAINT, BASED ON16
THE SAME FACTS, HAS ALREADY BEEN FILED IN STATE OR FEDERAL COURT.17
IF THE COURT CASE ENDS WITHOUT A DECISION ON THE MERITS OR A18
SETTLEMENT, THE COMPLAINT MAY BE FILED OR REFILED WITH THE19
DEPARTMENT WITHIN SIXTY DAYS OF THE END OF THE COURT CASE . FOR20
PURPOSES OF THIS SECTION, A DISMISSAL WITH PREJUDICE IS CONSIDERED21
A DECISION ON THE MERITS AND A DISMISSAL WITHOUT PREJUDICE IS NOT22
A DECISION ON THE MERITS.23
(j) T HE DEPARTMENT OBTAINS CREDIBLE INFORMATION24
INDICATING THAT THE ALLEGATION OR COMPLAINT IS RESOLVED AND25
THEREFORE NO LONGER APPROPRIATE FOR INVESTIGATION PURSUANT TO26
THIS ARTICLE 29.5;27
SB26-125-26-
(k) A COMPLAINT IS FILED AGAINST A LOCAL EDUCATION PROVIDER1
THAT RAISES THE SAME OR SIMILAR ALLEGATION BASED ON THE SAME2
FACTS AGAINST THE SAME LOCAL EDUCATION PROVIDER THAT WAS3
PREVIOUSLY DISMISSED OR CLOSED BY THE DEPARTMENT;4
(l) THE DEPARTMENT RECENTLY INVESTIGATED OR IS CURRENTLY5
INVESTIGATING THE SAME OR SIMILAR ALLEGATION BASED ON THE SAME6
FACTS INVOLVING THE SAME LOCAL EDUCATION PROVIDER;7
(m) THE COMPLAINANT WITHDRAWS THE COMPLAINT CONTAINING8
THE ALLEGATION; OR9
(n) THE ALLEGATION OR COMPLAINT IS MOOT OR UNRIPE.10
(6) (a) T HE DEPARTMENT MAY DISMISS AN ALLEGATION OR11
COMPLAINT IF:12
(I) THE DEPARTMENT'S ABILITY TO COMPLETE AN INVESTIGATION13
IS SUBSTANTIALLY IMPAIRED BY THE COMPLAINANT'S REFUSAL TO PROVIDE14
INFORMATION THAT IS REASONABLY ACCESSIBLE TO THE COMPLAINANT15
AND IS NECESSARY FOR INVESTIGATION OF THE COMPLAINT . THE16
DEPARTMENT SHALL INCLUDE DOCUMENTATION IN THE CASE FILE OF ITS17
EFFORTS TO CONTACT THE COMPLAINANT BY PHONE, IN WRITING, OR VIA18
EMAIL TO REQUEST THE NECESSARY INFORMATION AND OF THE19
COMPLAINANT'S REFUSAL TO PROVIDE THE INFORMATION.20
(II) THE DEPARTMENT'S ABILITY TO COMPLETE AN INVESTIGATION21
IS SUBSTANTIALLY IMPAIRED BY THE COMPLAINANT'S FAILURE TO TIMELY22
RESPOND TO THE DEPARTMENT 'S COMMUNICATIONS. THE DEPARTMENT23
SHALL INCLUDE DOCUMENTATION IN THE CASE FILE OF ITS UNSUCCESSFUL24
EFFORTS TO CONTACT THE COMPLAINANT BY PHONE OR IN WRITING TO25
REQUEST THE NECESSARY INFORMATION.26
(III) THE ALLEGATION OR COMPLAINT ALLEGES A VIOLATION FOR27
SB26-125-27-
WHICH NO RELIEF IS AVAILABLE.1
(b) THE DEPARTMENT HAS THE SOLE DISCRETION TO DETERMINE2
WHETHER DISMISSAL CRITERIA ARE MET.3
(7) THE DEPARTMENT HAS THE AUTHORITY TO ENFORCE DECISIONS4
ISSUED PURSUANT TO THIS SECTION AND REQUIRE A LOCAL EDUCATION5
PROVIDER TO TAKE CORRECTIVE ACTION IF THERE IS A FINDING OF6
NONCOMPLIANCE WITH THIS ARTICLE 29.5. IN DETERMINING WHETHER A7
LOCAL EDUCATION PROVIDER HAS COMPLIED WITH THIS ARTICLE 29.5, THE8
DEPARTMENT MAY RELY ON INTERPRETATIONS BY FEDERAL COURTS AND9
AGENCIES OF SECTION 504 AND THE ADA. A LOCAL EDUCATION PROVIDER10
SHALL CORRECT ITS NONCOMPLIANCE WITH THIS ARTICLE 29.5 AS SOON AS11
POSSIBLE AND WITHIN A REASONABLE TIME FRAME THAT IS SPECIFIED BY12
THE DEPARTMENT IN AN ORDER.13
(8) NO LATER THAN DECEMBER 31, 2026, THE STATE BOARD OF14
EDUCATION SHALL ADOPT RULES TO ESTABLISH THE DEFINITION OF ANY15
TERM NOT SPECIFICALLY DEFINED IN THIS ARTICLE 29.5; UNIFORM AND16
TIMELY METHODS OF COMPLAINT RESOLUTION , INCLUDING RULES17
PROVIDING FOR THE PROCESS OF FILING A COMPLAINT , WHETHER18
VOLUNTARY MEDIATION IS AVAILABLE, OR ANY OTHER RELIEF AVAILABLE19
PRIOR TO THE CONCLUSION OF A FINDING OF NONCOMPLIANCE ; AND20
WHETHER WRITTEN CONSENT TO INVESTIGATE AN ALLEGATION IS21
REQUIRED. COMPLAINTS MAY BE FILED BY A PARENT , GUARDIAN ,22
STUDENT, EMPLOYEE OF A LOCAL EDUCATION PROVIDER, OR THIRD PARTY.23
FOR THE COMPLAINT PROCESS, THE TIMELINE SHALL BE NO LONGER THAN24
ONE HUNDRED EIGHTY DAYS FROM THE DATE OF FILING TO THE DATE OF25
RESOLUTION, WITH THE ABILITY TO PAUSE THE TIMELINE FOR UP TO SIXTY26
DAYS PENDING ATTEMPTED RESOLUTION THROUGH OTHER METHODS ,27
SB26-125-28-
INCLUDING VOLUNTARY MEDIATION.1
(9) (a) A PARENT, GUARDIAN, STUDENT, OR THIRD PARTY MAY FILE2
A COMPLAINT WITH THE DEPARTMENT ALLEGING A VIOLATION OF THIS3
ARTICLE 29.5 ONLY AFTER:4
(I) PURSUING RESOLUTION OF THE SAME ALLEGATION THROUGH5
THE LOCAL EDUCATION PROVIDER 'S DISABILITY RIGHTS GRIEVANCE6
PROCESS DESCRIBED IN SECTION 22-29.5-104; AND7
(II) (A) T HE LOCAL EDUCATION PROVIDER ISSUES A FINAL8
DECISION; OR9
(B) THE LOCAL EDUCATION PROVIDER'S FINAL DECISION HAS NOT10
BEEN PROVIDED TO THE COMPLAINANT WITHIN SIXTY DAYS OF THE LOCAL11
EDUCATION PROVIDER'S RECEIPT OF THE COMPLAINT.12
(b) (I) THE REQUIREMENTS OF SUBSECTION (9)(a) OF THIS SECTION13
MAY BE WAIVED BY THE DEPARTMENT IF:14
(A) THE COMPLAINANT DEMONSTRATES THAT USING THE LOCAL15
EDUCATION PROVIDER'S DISABILITY RIGHTS GRIEVANCE PROCESS WOULD16
BE FUTILE OR LIKELY CAUSE IRREPARABLE HARM TO THE STUDENT; OR17
(B) THE LOCAL EDUCATION PROVIDER DOES NOT HAVE A PROMPT18
AND EQUITABLE OR READILY AVAILABLE DISABILITY RIGHTS GRIEVANCE19
PROCESS.20
(II) F OR PURPOSES OF THIS ARTICLE 29.5, TO BE CONSIDERED21
FUTILE, THE COMPLAINANT MUST SHOW THAT PURSUING RESOLUTION WITH22
THE LOCAL EDUCATION PROVIDER WOULD BE POINTLESS OR INEFFECTIVE23
IN PROVIDING RELIEF. EXAMPLES WHERE FUTILITY MAY APPLY INCLUDE:24
(A) THE LOCAL EDUCATION PROVIDER LACKS THE AUTHORITY TO25
GRANT THE RELIEF SOUGHT;26
(B) T HE LOCAL EDUCATION PROVIDER 'S PROCESS IS BIASED OR27
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UNFAIR, AND THUS UNLIKELY TO RESULT IN A FAIR OUTCOME; HOWEVER,1
THE COMPLAINT RECIPIENT AND THE ALLEGED DISCRIMINATORY ENTITY2
BOTH BEING THE LOCAL EDUCATION PROVIDER, ALONE, IS INSUFFICIENT TO3
DEMONSTRATE BIAS OR UNFAIRNESS;4
(C) T HERE IS A PATTERN OF THE LOCAL EDUCATION PROVIDER5
FAILING TO RESPOND IN A TIMELY OR APPROPRIATE MANNER TO6
COMPLAINTS; OR7
(D) T HE LOCAL EDUCATION PROVIDER HAS CLEARLY8
DEMONSTRATED UNWILLINGNESS TO COMPLY WITH OR PARTICIPATE IN THE9
PROCESS IN GOOD FAITH.10
(10) N OTHING IN THIS ARTICLE 29.5 SHALL BE CONSTRUED TO11
AFFECT ANY ADMINISTRATIVE EXHAUSTION REQUIREMENTS OF FEDERAL12
LAW, INCLUDING THE IDEA AND SECTION 504.13
(11) N O PUBLIC ENTITY SHALL ASSERT ANY PROVISION OF THIS14
ARTICLE 29.5 AS A DEFENSE TO A CLAIM BROUGHT PURSUANT TO FEDERAL15
LAW, INCLUDING PURSUANT TO THE IDEA AND SECTION 504.16
22-29.5-115. Remedies.17
(1) IF THE DEPARTMENT FINDS A VIOLATION OF THIS ARTICLE 29.5,18
IT MAY ORDER:19
(a) AN AUDIT OF A LOCAL EDUCATION PROVIDER;20
(b) T HE ESTABLISHMENT OF CORRECTIVE ACTION PLANS TO BE21
FOLLOWED BY THE LOCAL EDUCATION PROVIDER;22
(c) T HAT COMPENSATORY SERVICES OR OTHER INDIVIDUAL23
REMEDIAL MEASURES BE PROVIDED BY THE LOCAL EDUCATION PROVIDER24
TO THE QUALIFIED STUDENT WITH A DISABILITY;25
(d) TRAINING OF THE LOCAL EDUCATION PROVIDER'S STAFF;26
(e) THE LOCAL EDUCATION PROVIDER TO ADOPT NEW OR REVISED27
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POLICIES, PROCEDURES, RULES, AND FORMS;1
(f) THE LOCAL EDUCATION PROVIDER TO PROVIDE OR REINSTATE2
SERVICES OR BENEFITS WRONGFULLY DENIED; AND3
(g) A NY OTHER REMEDY NECESSARY , AS DETERMINED BY THE4
DEPARTMENT, TO REMEDY VIOLATIONS OF THIS ARTICLE 29.5 AND5
PROSPECTIVELY ENSURE COMPLIANCE.6
(2) A LOCAL EDUCATION PROVIDER MAY CONTRACTUALLY7
DELEGATE ALL COMPLIANCE WITH THIS ARTICLE 29.5 TO ANOTHER LOCAL8
EDUCATION PROVIDER . NEITHER LOCAL EDUCATION PROVIDER MAY9
IMPEDE COMPLIANCE WITH THE PROVISIONS OF THIS ARTICLE 29.5, AND10
BOTH LOCAL EDUCATION PROVIDERS MUST COOPERATE WITH ANY11
COMPLAINT INVESTIGATION PURSUANT TO THIS ARTICLE 29.5.12
(3) T HE DEPARTMENT MAY MONITOR A LOCAL EDUCATION13
PROVIDER'S COMPLIANCE WITH THE DEPARTMENT'S ORDER FOR UP TO ONE14
YEAR AFTER THE FINDING OF A VIOLATION BY THE DEPARTMENT BY15
REQUIRING THE LOCAL EDUCATION PROVIDER TO IMPLEMENT A16
CORRECTIVE ACTION PLAN THAT WOULD REMEDY THE VIOLATION.17
(4) (a) THE STATE BOARD OF EDUCATION MAY WITHHOLD STATE18
FUNDS FROM A LOCAL EDUCATION PROVIDER IF THE STATE BOARD OF19
EDUCATION DETERMINES THAT THE LOCAL EDUCATION PROVIDER HAS20
INTENTIONALLY VIOLATED THIS ARTICLE 29.5 AND DEMONSTRATED AN21
UNWILLINGNESS TO ENTER INTO A CORRECTIVE ACTION PLAN TO ADDRESS22
THE VIOLATION.23
(b) NO LATER THAN DECEMBER 31, 2026, THE STATE BOARD OF24
EDUCATION SHALL ADOPT RULES THAT ESTABLISH PROCEDURES FOR THE25
WITHHOLDING OF FUNDS PURSUANT TO THIS ARTICLE 29.5.26
22-29.5-116. Claim preclusion.27
SB26-125-31-
(1) IF AN INDIVIDUAL FILES A COMPLAINT WITH THE DEPARTMENT1
AND FILES A SUBSTANTIALLY SIMILAR COMPLAINT BASED ON THE SAME2
ALLEGED FACTS WITH THE UNITED STATES DEPARTMENT OF EDUCATION3
OFFICE OF CIVIL RIGHTS OR THE UNITED STATES DEPARTMENT OF JUSTICE,4
THE DEPARTMENT MAY:5
(a) D ISMISS THE COMPLAINT IF THE INDIVIDUAL FILED THE6
COMPLAINT WITH THE UNITED STATES DEPARTMENT OF EDUCATION7
OFFICE OF CIVIL RIGHTS BEFORE FILING THE COMPLAINT WITH THE8
DEPARTMENT; OR9
(b) NULLIFY, REVOKE, OR VOID ANY FINDINGS MADE OR REMEDIES10
PRESCRIBED IF THE INDIVIDUAL FILED THE COMPLAINT WITH THE UNITED11
STATES DEPARTMENT OF EDUCATION OFFICE OF CIVIL RIGHTS AFTER THE12
RESOLUTION OF THE COMPLAINT WITH THE DEPARTMENT.13
(2) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE14
RIGHTS OF INDIVIDUALS TO PURSUE CLAIMS UNDER FEDERAL LAW OR15
OTHER STATE LAW.16
22-29.5-117. Retaliation. 17
(1) A LOCAL EDUCATION PROVIDER SHALL NOT COERCE ,18
INTIMIDATE, THREATEN, OR DISCRIMINATE AGAINST ANY INDIVIDUAL:19
(a) F OR THE PURPOSE OF INTERFERING WITH ANY RIGHT OR20
PRIVILEGE SECURED BY THIS ARTICLE 29.5, THE IDEA, SECTION 504, THE21
ADA, THE "EXCEPTIONAL CHILDREN'S EDUCATIONAL ACT", ARTICLE 2022
OF THIS TITLE 22, OR THE "PROTECTION OF STUDENTS FROM RESTRAINT23
AND SECLUSION ACT", ARTICLE 15.5 OF THIS TITLE 22;24
(b) BECAUSE AN INDIVIDUAL MAKES OR HAS MADE, OR BECAUSE25
A LOCAL EDUCATION PROVIDER BELIEVES AN INDIVIDUAL HAS MADE OR26
WILL MAKE, A COMPLAINT UNDER THIS ARTICLE 29.5, THE IDEA, THE27
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ADA, THE "EXCEPTIONAL CHILDREN'S EDUCATIONAL ACT", ARTICLE 201
OF THIS TITLE 22, OR THE "PROTECTION OF STUDENTS FROM RESTRAINT2
AND SECLUSION ACT", ARTICLE 15.5 OF THIS TITLE 22; OR3
(c) BECAUSE AN INDIVIDUAL TESTIFIES, ASSISTS, OR PARTICIPATES4
IN ANY MANNER IN AN INVESTIGATION OR PROCEEDING REGARDING AN5
ALLEGATION OR COMPLAINT PURSUANT TO THIS ARTICLE 29.5, THE IDEA,6
THE ADA, THE "EXCEPTIONAL CHILDREN'S EDUCATIONAL ACT", ARTICLE7
20 OF THIS TITLE 22, OR THE "PROTECTION OF STUDENTS FROM RESTRAINT8
AND SECLUSION ACT", ARTICLE 15.5 OF THIS TITLE 22.9
(2) A LLEGATIONS OF COERCION , INTIMIDATION , THREATS ,10
DISCRIMINATION, OR OTHER RETALIATION AS DESCRIBED IN THIS SECTION11
AGAINST ANY INDIVIDUAL MAY BE FILED WITH THE DEPARTMENT, AND THE12
DEPARTMENT SHALL PROCESS AND EVALUATE SUCH ALLEGATIONS13
PURSUANT TO THIS ARTICLE 29.5.14
SECTION 2. Safety clause. The general assembly finds,15
determines, and declares that this act is necessary for the immediate16
preservation of the public peace, health, or safety or for appropriations for17
the support and maintenance of the departments of the state and state18
institutions.19
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