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Two Colorado Democratic lawmakers plan to file two bills they hope will help Colorado make up for the void left behind by the Trump administration’s cuts to the federal Office for Civil Rights.
State Reps. Jacque Phillips and Jennifer Bacon want to provide Colorado parents with more ways to report allegations that their child is being harassed or discriminated against at school. The Trump administration’s cuts last year to the federal office, which enforces civil rights laws in schools, have caused some families’ complaints to stall.
One proposal aims to codify the Colorado Civil Rights Division’s response to and enforcement of K-12 and college Title VI violations, or discrimination on the basis of race, color, or national origin. The other would allow the Colorado Department of Education to hear and rectify complaints about public schools that aren’t following 504 plans requiring them to provide accommodations and accessibility to students with disabilities.
Rep. Phillips from Thornton is drafting the disabilities accommodation bill in hopes the state will step up as an increasing number of complaints to the federal Office for Civil Rights aren’t being resolved.
“What I’m hearing from parents is they’re taking too long,” said Phillips. “They can file an OCR complaint, but then they never hear anything back.”
Rep. Bacon of Denver plans to file a bill focused on civil rights violations in schools such as discriminatory discipline practices or unequal access to programs. State Sen. Chris Kolker, a Centennial Democrat, is expected to co-sponsor both bills.
The Office for Civil Rights’ workforce has been significantly reduced under the Trump administration. At the same time, instead of investigating complaints about unequal treatment of LGBTQ students or those of color, the administration has directed the Office for Civil Rights to focus on policies related to transgender students and diversity, equity, and inclusion.
This has led to slower federal response to some cases but also a slate of new investigations and violations, including one in Denver Public Schools related to East High School’s all-gender restrooms.
The Colorado Civil Rights Division already takes public school civil rights complaints. Enforcement of federal law at the state level also happens in other states. But Colorado civil rights advocacy organizations have said the state’s process is difficult to navigate and slow.
Bacon’s bill would define discriminatory education practices, spell out the way parents can levy a charge against a public school, and provide the timeline and process to investigate, resolve, and monitor the complaint. Parents would have 180 days to make a charge instead of the current 60 days.
Under the bill, the Colorado Civil Rights Division would also report to lawmakers how many cases it gets annually and the outcome. The division would be allowed to consult with the Colorado Department of Education on how to fix issues.
Higher education institutions would be required to designate a Title VI coordinator to ensure institutional compliance.
Bacon said the bill would help parents better understand the process and actions the division would take and make clear the state’s enforcement role.
“Because this president doesn’t care about it, we’re not going to say to our constituents, ‘Nobody’s going to help you,’” Bacon said.
Phillips’ bill would create a process for how the Colorado Department of Education would receive and investigate 504 complaints. The department currently doesn’t investigate these violations. Instead, the federal Office for Civil Rights is charged with enforcement.
The plans are an agreement between a parent and the school that describes a student’s disability and identifies accommodations or modifications they need, such as more time to take a test or the use of an elevator.
The Colorado department does investigate allegations regarding Individualized Education Plans under the federal Individuals with Disabilities Education Act. These plans require specialized instruction for students with disabilities.
If Phillips’ 504 bill becomes law, the department would need to receive a complaint within 180 days of a violation, investigate, find or enforce a solution, and monitor the outcome.
Most 504 complaints filed to the federal Office for Civil Rights were fixed quickly by schools and then monitored by the federal government, said Phillips, who is a special education lawyer. The process has slowed since federal cuts, and that leaves schools liable, she said.
“I think this will also protect the schools from a personal injury case,” Phillips said.
A spokesperson for the Anti-Defamation League Mountain States said it plans to support Bacon’s bill because it will protect students from discrimination and harassment.
AdvocacyDenver Executive Director Pam Bisceglia said she backs the Phillips bill because families right now feel like the Office for Civil Rights has “ghosted them, and that there are so many significant changes that they’re not responsive or investigating those allegations of discrimination based on disability.”
Disability Law Colorado Co-Legal Director Emily Harvey said her organization backs the 504 bill because it would create a way for families to find a resolution that isn’t entirely adversarial.
“I really hope that it gives students a pathway to get what they need,” she said.
The bills will face challenges due to a state spending deficit of about $850 million because the legislation could call for additional funding to the state agencies.
The two proposed bills represent a year of work by the lawmakers. Last April, Kolker called a hearing to discuss the changes at the Office for Civil Rights by the Trump administration. Advocates and former OCR employees testified cuts have left families without an important avenue for recourse and reconciliation if their child experienced discrimination.
Jason Gonzales is a reporter covering higher education and the Colorado legislature. Chalkbeat Colorado partners with Open Campus on higher education coverage. Contact Jason at jgonzales@chalkbeat.org.
