Governor Jared Polis signed Senate Bill 26-125 on May 29, 2026, writing federal Section 504 disability accommodation protections directly into Colorado state law. The bill creates a state-level complaint process and gives the Colorado Department of Education enforcement authority to hold school districts accountable when students with disabilities are denied accommodations.

More than 44,000 Colorado students rely on Section 504 plans for accommodations like extended test time, wheelchair access, or support for ADHD and anxiety that don't qualify for an Individualized Education Program. Until now, those protections existed only under federal law, enforced by the U.S. Department of Education's Office for Civil Rights. That enforcement has weakened significantly under the Trump administration, leaving families with few options when schools fail to implement plans.

What Changed

SB 26-125 mirrors the federal Rehabilitation Act of 1973's Section 504 protections at the state level. It covers implementation of Section 504 plans, equal access to educational services, and protection against discrimination, retaliation, and harassment based on disability.

The law creates a formal complaint process. Families can file grievances with the Colorado Department of Education within 60 days of a violation. CDE must resolve complaints within 180 days. If a district refuses to comply, CDE can withhold state funding.

"What we're trying to do in this legislation is put in state law the same protections that students now enjoy under federal law," said Andrew Romanoff, Executive Director of Disability Law Colorado. "The difference is that students in Colorado will be able to turn to the state government to enforce those laws rather than waiting for the feds."

The bill passed with bipartisan support. Sponsors include Senators Kolker and Marchman and Representatives Bacon and Phillips.

Why This Matters for Families

Federal enforcement of Section 504 has become unreliable. Families file complaints with the Office for Civil Rights and wait months or years without resolution. Schools that ignore accommodation requirements face no immediate consequences.

Ronnie Broyles, a parent advocate, told KOAA the bill "gives the CDE teeth now to hold districts accountable." Emily Harvey from Disability Law Colorado added, "This really is a situation where the state needs to step in and make sure that those kids are protected."

The law doesn't create new accommodations or expand eligibility. It moves enforcement from an inaccessible federal process to a state agency with clearer timelines and funding consequences for noncompliance.

Romanoff summarized the stakes: "I don't think that the quality of your education or certainly your civil rights ought to depend on the school district or your zip code or the size of your parents' bank account."

Funding and Implementation

The bill relies on gifts, grants, donations, and third-party contracts for funding. The Colorado Department of Education estimates it needs more than $650,000 for initial setup and over $500,000 annually for ongoing staffing.

Governor Polis signed the bill but noted in his signing statement that "no such funding has been identified." He committed to submitting supplemental budget requests for fiscal years 2026-27 and 2027-28 to cover enforcement costs.

CDE staff currently handling IDEA complaints are federally funded and cannot work on state law enforcement. The bill requires CDE to hire new staff dedicated to Section 504 complaints if adequate funding becomes available.

CDE must adopt enforcement rules by December 31, 2026, establishing procedures for withholding funds from districts that violate the law.

What Families Can Do Now

The law takes effect August 12, 2026. Between now and then:

• Document any instances where your child's Section 504 plan isn't being implemented. Keep records of what accommodation was denied, when, and by whom.
• Review your child's current 504 plan to confirm it accurately reflects the accommodations your child needs.
• Watch for CDE's enforcement rules, which must be published by December 31, 2026. Those rules will outline exactly how to file a state complaint.

After August 12, if your child's accommodations are denied or not implemented, you can file a complaint with the Colorado Department of Education within 60 days. The complaint process will run parallel to federal OCR complaints, giving families two enforcement paths instead of one.

The full text of SB 26-125 is available on the Colorado General Assembly website.