Colorado Revised Statutes Title 24. Government State § 24-34-806. Testing accommodations for Coloradans with disabilities--right of action--legislative declaration--definitions

(I) Licensing exams are gateways to employment opportunities;

(II) When an individual is attempting to obtain a professional license or certification for a trade, it is difficult to achieve such goals without sitting for some kind of licensing exam;

(III) While many testing entities have made efforts to ensure equal opportunity for individuals with disabilities, disabled Coloradans continue to question and make complaints about testing entities' excessive and burdensome documentation demands, failures to provide necessary testing accommodations, failures to respond to requests for testing accommodations in a timely manner, and failures to recognize the diagnoses or recommendations provided by an individual's medical or psychological provider;

(IV) The federal “Americans with Disabilities Act of 1990”, 42 U.S.C. sec. 12101 et seq., as amended, ensures that individuals with disabilities have the opportunity to fairly compete for and pursue career opportunities by requiring standardized examination entities to offer exams in a manner that is accessible to persons with disabilities. When needed testing accommodations are provided, a test-taker can demonstrate the test-taker's true aptitude.

(V) Yet, Coloradans with disabilities are being denied the testing accommodations they need, and previously received, unless they undergo additional and costly diagnostic testing or psychological assessment. These denials result in disabled Coloradans either taking the licensing exam without the necessary testing accommodation or spending thousands of dollars on the requested diagnostic testing or psychological assessment in order to take the exam or test with the same testing accommodation they previously received.

(I) Braille or large-print exam booklets;

(II) Screen-reading technology;

(III) Scribes to transfer answers to bubble sheets or record dictated notes and essays;

(IV) Extended time;

(V) Breaks during an exam that are not counted in the total exam time;

(VI) Wheelchair-accessible testing stations;

(VII) To the extent possible, rooms that eliminate visual and auditory distractions;

(VIII) Physical prompts for individuals with hearing impairments; and

(IX) Permission to bring and take prescribed medication during the exam.

(I) Has a disability that is recognized under the federal “Americans with Disabilities Act of 1990”, 42 U.S.C. sec. 12101 et seq., as amended;

(II) Provides proof of having received the previous testing accommodation due to the individual's disability on a past standardized exam or high-stakes test;

(III) Provides a recommendation letter from the individual's treating medical professional that recommends the accommodations requested by the individual. The recommendation letter must be signed and dated by the treating medical professional making the recommendation; and

(IV) Requests the same testing accommodation that the individual previously received on another standardized exam or high-stakes test.