HB 1417 — Colorado Anti-Discrimination Act Testing Entities

NOTE:

This bill has been prepared for the signatures of the appropriate legislative officers and the Governor.

To determine whether the Governor has signed the bill or taken other action on it, please consult the legislative status sheet, the legislative history, or the Session Laws.

also·also SENATOR(S) Roberts and Rich, Daugherty, Exum, Jodeh, Kipp, Kolker, Marchman, Coleman.

CCONCERNINGTHE ONCERNINGTHEDISABILITYDISABILITY-RELATEDACCOMMODATION -RELATEDACCOMMODATIONREQUIREMENTOFREQUIREMENT OF A TESTING ENTITYENTITY. .

Be it enacted by the GeneralGeneralAssembly Assemblyofthe of the State ofofColorado: Colorado:

Denial ofofequitable equitable access to these assessments undermines the promise of equal opportunity and perpetuates systemic inequities.

These barriers may ________ Capital letters or bold & italic numbers indicate new material added to existing law;

dashes through words or numbers indicate deletionsdeletionsfrom from existing law andandsuch such material is notnotpart part of the act.

Such barriers do not reflect an individual's knowledge or ability, but rather the failure ofofsystems systems to provide equitable access.

(c) Reasonable accommodations are essential to ensuring fairness, notadvantage.Accommodationssuchasextendedtime,alternativeformats,notadvantage. assistive technology, and accessible testing environments are necessary to level the playing field and ensure that examinations measure aptitude and achievement rather than the impact of a disability.

Accommodationssuchasextendedtime, alternativeformats, assistive technology, and accessible testing environments are necessary to level the playing field and ensure that examinations measure aptitude and achievement rather than the impact ofa disability.

These protections are essential to preventing exclusionarypracticesexclusionary practices and ensuring consistent access across institutions and jurisdictions.

(e) The erosion or inadequate enforcement of these protections threatensequalaccess.Withoutstrongstatutorysafeguardsandmeaningfulthreatens enforcement,equal individualsaccess. with disabilities may be denied opportunities, discouraged from participation, or forced to navigate inconsistent and burdensome processes to secure basic accommodations.

Withoutstrongstatutorysafeguards and meaningful enforcement, individuals with disabilities may be denied opportunities, discouraged from participation, or forced to navigate inconsistent and burdensome processes to secure basic accommodations.

When barriers are removed, individuals with disabilities are better able to contribute their talents, perspectives, and expertise to the workforce,civiclife,andbroadercommunity.Inclusivesystemsstrengthenworkforce, economiccivic growth,life, innovation,andbroadercommunity. and social equity.

(g)Inclusivesystemsstrengthen Iteconomic isgrowth, thereforeinnovation, the intent of the general assembly to affirm and strengthensocial protectionsequity. that guarantee equal access to examinations.

(g) It is therefore the intent ofthe general assembly to affirm and strengthen protections that guarantee equal access to examinations.

(h) In a recent District Court decision,decisionCatherine Catherine Dunn V.

The decision to grant a preliminary injunction does not address section 24-34-806, which clearly states that failure to accommodate is a proper cause ofofaction. action.

(2) The general assembly further finds and declares that it is the general assembly's intent that the National Board ofofMedical Medical Examiners is a covered entity inin·this this context, and that it is necessary to amend section 24-34-806 to align with 42 U.S.C.

Testing accommodations for Coloradans with disabilities - right ofofaction action - legislative declaration - definitions.

(c) "Testing entity" means a private entityenticy ofofthis this state orm a statestate01 or local governmentalgovemmental entity of this state that offersoff-ets an exam relatedIelated to licensing orm certification forfox professionalprnfessional01 ortxade tradeputposes purposes and has controlcontrnl overtestingaccommodationdecisions.vet testingaccommodationdecisions.

ANYPERSONANY ,BUSINESSPERSON, ,ORSTATEORBUSINESS, ORSTATEOR LOCAL GOVERNMENT AGENCY THAT OFFERS EXAMINATIONS OR COURSES RELATEDTOAPPLICATIONSRELATEDTOAPPLICATIONS, ,LICENSINGLICENSING, ,CERTIFICATIONCERTIFICATION, ,ORCREDENTIALINGORCREDENTIALING FORSECONDARYORPOSTSECONDARYEDUCATIONFORSECONDARYORPOSTSECONDARYEDUCATION,ORFORPROFESSIONALOR ,ORFORPROFESSIONALOR TRADE PURPOSESPURPOSES. .

(3) (a) A testing entity mustOFFERmust OFFER EXAMINATIONS OR COURSES IN A PLACE AND MANNER ACCESSIBLE TO INDIVIDUALS WITH DISABILITIES OR MUST OFFER ALTERNATIVE ACCESSIBLE ARRANGEMENTS FOR SUCH INDIVIDUALSANDINDIVIDUALS grantanindividual'srequestforatestingaccommodationAND grantan individual'srequestfor atestingaccommodation on a licensing exam ififthe the individual:

on the day following the expiration of the ninety-dayperiodninety-day period after final adjournment ofofthe the general assembly(Augustassembly (August 12, 2026, if adjournment sine die is on May 13, 2026);

except that, if a referendumpetitionisfiledpursuanttosection1(3)ofarticleVofthestatereferendum petition is filed pursuantto section 1(3) ofarticle V ofthe state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless PAGE 3-HOUSE BILL 26-1417 approvedbythepeopleatthegeneralelectiontobeheldinNovember2026approved bythepeople at the general electionto be held inNovember2026 and, in such case, will take effect on the date ofofthe the official declaration of the vote thereon by the governor.

____________________________J ____________________________u Juliel McCluskie~ James Rashad Coleman, Sr.

SPEAKER OF THE HOUSE PRESIDENT OF OF REPRESENTATIVES THE SENATE ____________________________v ____________________________~ ~ Vanessa Reilly Esther van Mourik CHIEF CLERK OF THE HOUSE SECRETARY OF OF REPRESENTATIVES THE SENATE APPROVED________________________________________APPROVED (Date°"'~ J ~ ~~ 4f,,'2.02JIo d12..~OpM (Dat and Time) _________________________________________DO JaredPAGE S.4-HOUSE BILL 26-1417

Polis GOVERNOR OF THE STATE OF COLORADO PAGE 4-HOUSE BILL 26-1417