Legal Victories

Colorado confines hundreds of children in its detention system even after courts have cleared them for release. This practice violates the children’s statutory and Constitutional rights.

Most of these children have disabilities. The state has failed to provide sufficient community-based placements and services. 

In 2026, Disability Justice joined the ACLU National Prison Project, ACLU of Colorado, Children’s Rights, and pro bono counsel at Ropes & Gray LLP in suing the Colorado Department of Human Services and Governor Jared Polis. The case is ongoing.

Facility schools serve students who live in juvenile facilities or group homes, as well as those in participate in day treatment programs that prevent them from attending typical public schools. In 2026, Disability Justice filed a state complaint against the Colorado Department of Education (CDE) regarding these schools.

Our contention: Students with disabilities in facility schools were not consistently receiving the services and protections that federal and state law require. We reached a settlement requiring CDE to implement stronger safeguards — including clearer placement standards, increased monitoring and audits, improved interagency coordination, and expanded training and guidance.

The agreement aims to ensure that students in facility schools receive a free appropriate public education in the least restrictive environment. We will continue to monitor the state’s compliance with this agreement.

Disability Justice served as plaintiff and co-counsel in the class-action lawsuit G A et al v Bimestefer (1:21-cv-02381), involving Medicaid coverage for children who need intensive behavioral health services. Our lawsuit settled in 2024.

The Colorado Department of Health Care Policy and Financing is implementing the agreement.

For years, Colorado placed people with disabilities in nursing homes, instead of supporting them in their own homes and communities. In 2016, Disability Justice filed a complaint against the state for violating the Americans with Disabilities Act.

After a lengthy investigation, the U.S. Department of Justice (DOJ) agreed. In 2024, the DOJ announced a statewide settlement — requiring housing vouchers, counseling, and accessible housing, among other services.

In 2022, Disability Justice filed a complaint with the U.S. Department of Education Office for Civil Rights. At issue: the discriminatory impact of school choice policies on students with disabilities.

This complaint built on 29 federal complaints we filed in 2021, after charter schools inappropriately asked about disability status on student applications. To the best of our knowledge, the 2022 complaint remains under investigation. 

In 2022, Disability Justice filed a complaint with the U.S. Department of Justice against the Douglas County School District regarding the use of restraint and seclusion on students with disabilities. The investigation is ongoing. Federal investigators visited Colorado in 2025 to speak with families.

In 2022, Disability Justice filed a complaint with the U.S. Department of Education Office for Civil Rights (OCR) regarding the San Luis Valley Board of Cooperative Education Services.

OCR found violations after determining that students in the Significant Support Needs program were segregated in an inaccessible portable trailer behind the main school building. OCR ordered the district to end this practice.

Disability Justice continues to monitor and enforce a settlement agreement with the Colorado Department of Corrections on behalf of incarcerated individuals who are Deaf and hard of hearing. In 2024, we entered dispute resolution with the department due to ongoing noncompliance.

Both sides have been negotiating amendments to strengthen enforcement. Our goal: to ensure that Deaf and hard of hearing individuals receive the communication access to which they are legally entitled.

In 2022, Disability Justice filed a complaint against the Colorado Department of Education (CDE). Our contention: CDE failed to monitor county jails to ensure that individuals between the ages of 18 and 21 with disabilities were receiving required educational services.

The department was found in violation and required to implement corrective action.

Based on a complaint Disability Justice filed in 2021, the Colorado Department of Education (CDE) found that the Colorado Department of Corrections was not providing appropriate educational services to individuals with disabilities. CDE issued findings and required corrective steps.

In 2011, Disability Justice served as a plaintiff in a class-action lawsuit challenging long delays in competency restoration in Colorado. Individuals with disabilities were held in county jails for extended periods while waiting for services. The case settled, and we monitored compliance.

In 2019, a court found the state in breach of the settlement agreement and entered a consent decree. Since then, we’ve tracked compliance, made recommendations, and served on a committee that allocates the $10 million in annual fines imposed on the state for its failure to meet the terms of the decree.