Improving Medicaid Services for Children
We were plaintiff and co-counsel in the class action lawsuit G.A. et al v. Bimestefer (1:21‐cv‐02381) regarding Medicaid coverage for children in need of intensive behavioral health services (IBHS). This case settled in February 2024 and the agreement is currently in the process of being implemented by the state Medicaid agency.
Expanding Independence for Individuals Trapped in Nursing Homes
A DLC complaint against the state Medicaid agency in 2016 prompted a federal investigation. At issue: Colorado’s practice of confining people with disabilities to institutional settings, instead of allowing them to receive care in their own homes or communities. The U.S. Department of Justice found the state in violation of the Americans with Disabilities Act and announced a major legal settlement in the case. Under the new agreement, Colorado must provide a variety of services—including counseling, housing vouchers, and more accessible units—to help Medicaid recipients stay in or return to their communities.
Highlighting the Discriminatory Impact of School Choice on Students with Disabilities
In 2022, we filed a complaint with the U.S. Department of Education’s Office for Civil Rights (OCR) highlighting the discriminatory impact of school choice on students with disabilities. To the best of our knowledge, investigation of this complaint is ongoing. This complaint built upon 29 OCR complaints we filed in 2021 because charter schools were inappropriately asking about disability on their applications.
Shining the Light on Discriminatory Restraint and Seclusion in Schools
In 2022, we filed a U.S. Department of Justice complaint against Douglas County School District for discriminating against children with disabilities by subjecting them to physical restraint and seclusion. The complaint is being investigated and investigators were onsite in Colorado in January 2025 to speak with families. News coverage available on CBS News, 9 News, Denver 7, Fox 31, The Denver Post, and Colorado Public Radio.
Moving Kids out of a Decrepit Trailer and Into the School Building
The U.S. Department of Education’s Office for Civil Rights (OCR) required that the San Luis Valley Board of Cooperative Education Services (BOCES) end its use of an inaccessible portable trailer behind the main school building to educate students with disabilities. OCR’s investigation was based on a complaint filed by DLC in February of 2022. The complaint alleged that the BOCES discriminated against middle and high school students with disabilities in the Significant Support Needs class by segregating them in an inaccessible portable trailer.
Ensuring Effective Communication in the Department of Corrections
DLC continues monitoring and enforcing the settlement agreement it reached against the Colorado Department of Corrections (CDOC) on behalf of all Deaf and hard of hearing (DHOH) incarcerated people. In 2024, DLC and its co-counsel engaged in dispute resolution with CDOC to address its noncompliance with the agreement. Through this process, DLC and CDOC have been negotiating amendments to the settlement agreement to include more enforcement and oversight mechanisms to ensure future compliance. DLC is confident that with the new amendments, CDOC will be able to maintain compliance and the DHOH incarcerated community will begin receiving the protections and benefits of the agreement and the law.
Requiring Oversight of Educational Services in County Jails
In 2022, we filed a complaint against the Colorado Department of Education for not appropriately monitoring county jails to ensure eligible individuals ages 18-21 with disabilities were receiving educational services. The Department of Education was found in violation and ordered to develop and implement a corrective action plan.
Pushing for Access to Educational Services in the Department of Corrections
Based on a 2021 complaint we filed the Colorado Department of Education found the Colorado Department of Corrections (CDOC) was violating the rights of individuals with disabilities who were not receiving appropriate educational services.
Fighting for People Languishing in Jail While Awaiting Competency Restoration
We were plaintiff in a 2011 class action lawsuit against the state of Colorado because people with disabilities were languishing in county jails for extended periods of time while awaiting competency restoration. The lawsuit was settled and DLC was responsible for monitoring whether the state complied with the settlement agreement. In 2019, a court found the state in breach of the settlement agreement, and the parties entered a consent decree. Since 2019, DLC has been tracking the state’s compliance with the consent decree, advocating for ways for the state to be more compliant with the consent decree, and serving on a committee to disperse the 10 million dollars the state pays annually in fines for failing to comply with the consent decree.
