HB 1417

HOUSE BILL 26-1417
 BY REPRESENTATIVE(S) Soper and Bacon, Boesenecker, Duran,
 Froelich, Goldstein, Hamrick, Jackson, Lieder, McCormick, Nguyen,
 Phillips, Ricks, Rutinel, Stewart K., Story;
·also SENATOR(S) Roberts and Rich, Daugherty, Exum, Jodeh, Kipp,
 Kolker, Marchman, Coleman.
CONCERNING THE DISABILITY-RELATED ACCOMMODATION REQUIREMENT OF
        A TESTING ENTITY.
Be it enacted by the General Assembly of the State of Colorado:
       SECTION 1. Legislative declaration. (1) The general assembly
finds and declares that:
        (a) Equal access to education and professional opportunity is a
fundamental right. Professional or licensure-based examinations serve as
critical gateways to advancement, employment, and economic mobility.
Denial of equitable access to these assessments undermines the promise of
equal opportunity and perpetuates systemic inequities.
      (b) Individuals with disabilities continue to face persistent and
well-documented barriers in testing environments. These barriers may
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act.
include inaccessible formats, inadequate accommodations, rigid timing
structures, and discriminatory policies or practices that fail to account for
diverse needs. Such barriers do not reflect an individual's knowledge or
ability, but rather the failure of systems to provide equitable access.
        (c) Reasonable accommodations are essential to ensuring fairness,
not advantage. Accommodations such as extended time, alternative formats,
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.
       (d) Anti-discrimination statutes play a critical role in protecting
these rights. Laws prohibiting discrimination on the basis of disability,
including requirements for reasonable accommodations, establish clear
standards, accountability mechanisms, and avenues for redress. These
protections are essential to preventing exclusionary practices and ensuring
consistent access across institutions and jurisdictions.
       (e) The erosion or inadequate enforcement of these protections
threatens equal access. Without strong statutory safeguards 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.
       (f) Ensuring equal access benefits not only individuals, but society
as a whole. When barriers are removed, individuals with disabilities are
better able to contribute their talents, perspectives, and expertise to the
workforce, civic life, and broader community. Inclusive systems strengthen
economic growth, innovation, and social equity.
        (g) It is therefore the intent of the general assembly to affirm and
strengthen protections that guarantee equal access to examinations.
Accordingly, the general assembly declares that equal access to
examinations is a matter of civil rights, employment equity, and public
interest and must be protected through robust and enforceable
anti-discrimination laws.
      (h) In a recent District Court decision, Catherine Dunn V. National
Board of Medical Examiners, case number 25CV34093, the court
determined that the defendant was not subject to Colorado's statutory
PAGE 2-HOUSE BILL 26-1417
protections for test takers with disabilities. 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 of action.
       (2) The general assembly further finds and declares that it is the
general assembly's intent that the National Board of Medical Examiners is
a covered entity in ·this context, and that it is necessary to amend section
24-34-806 to align with 42 U.S.C. sec. 12189 to further ensure Colorado's
workforce has equitable access to opportunities.
          SECTION 2. In Colorado Revised Statutes, 24-34-806, amend
(2 )( c) and (3 )(a) introductory portion as follows:
       24-34-806. Testing accommodations for Coloradans with
disabilities - right of action - legislative declaration - definitions.
       (2) As used in this section, unless the context otherwise requires:
        (c) "Testing entity" means a private enticy of this state m a state 01
local gov emmental entity of this state that off-et s an exam I elated to
licensing m certification fox prnfessional 01 txade put poses and has contrnl
0 vet testing accommodation decisions. ANY PERSON, BUSINESS, OR STATE OR
LOCAL GOVERNMENT AGENCY THAT OFFERS EXAMINATIONS OR COURSES
RELATED TO APPLICATIONS, LICENSING, CERTIFICATION, OR CREDENTIALING
FORSECONDARYORPOSTSECONDARYEDUCATION,ORFORPROFESSIONALOR
TRADE PURPOSES.
       (3) (a) A testing entity must OFFER EXAMINATIONS OR COURSES IN
A PLACE AND MANNER ACCESSIBLE TO INDIVIDUALS WITH DISABILITIES OR
MUST OFFER ALTERNATIVE ACCESSIBLE ARRANGEMENTS  FOR SUCH
INDIVIDUALS AND grant an individual's request for a testing accommodation
on a licensing exam if the individual:
       SECTION 3. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly (August
12, 2026, if adjournment sine die is on May 13, 2026); except that, if a
referendum petition is filed pursuant to section 1 (3) of article V of the 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
approved by the people at the general election to be held in November 2026
and, in such case, will take effect on the date of the official declaration of
the vote thereon by the governor.
Jul~  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        °"' ~J~ ~~ 4f,,, '2.02JI- od 12..·. ~OpM
                                    (Dat and Time)
                                                                   DO
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