District 49 board approves revised student-facilities policy after hours of debate

El Paso County School District 49’s Board of Education on Sept. 24 approved a revised policy governing student use of bathrooms and locker rooms after more than two hours of debate and two separate amendments to the proposal.

The board approved the policy as amended by a 3-2 vote. The board earlier rejected an amendment that would have struck language referring to “other reasonable option,” and later accepted a separate amendment that added the phrase “without violating the intent of this policy” at the start of the contested paragraph.

The policy generated sustained public and board discussion about student safety, legal risk and how building-level decisions should be made. Director Hiles argued the policy was “morally indefensible,” saying it “knowingly and intentionally sends students to bathrooms and locker rooms with a target on their backs.” Director Olivia Wright said implementing a policy in conflict with state law would expose the district to litigation and likely leave the district’s insurers unwilling to cover defense costs.

Student board members also spoke. One student, Nikos, told the board that student leaders had discussed the issue at length and that while no policy will make “everybody happy,” the changes were aimed at protecting “as many students as possible.” Another student board member, Max, said the policy seeks to “give students the option” of safer spaces where feasible.

Board attorney Brad Miller answered legal questions during the meeting and said there was no statutory bar to holding a special meeting on this agenda item. District staff said they will draft an administrative regulation (a “dash R”) to guide principals and administrators on implementation; the board was told staff plan to present that regulation at the Oct. 9 regular meeting so principals have time to prepare before fall break.

Why it matters: The policy affects how the district balances privacy, safety and legal compliance for transgender and gender‑nonconforming students as well as other students seeking privacy. Several board members said the decision also carries potential financial risk for a district already facing large budget pressures.

What the board did and how it voted: The board passed the policy as amended by a 3-2 roll call. The amendment to add the phrase “without violating the intent of this policy” passed unanimously; a separate amendment to remove the phrase “other reasonable option” failed. After the policy vote, board members directed staff to return an implementing administrative regulation for board review at the October regular meeting.

Board members and others cited competing legal and practical constraints. Director Hiles said the policy conflicts with state statutes and the state constitution and warned of unfavorable federal case law; Director Olivia Wright cited the 2013 Quay Mathis finding under Colorado civil‑rights law as precedent the district has followed for 12 years. Other board members and student representatives said the policy attempts to balance safety for multiple groups and preserve single‑occupancy restroom options.

District staff and principals at affected schools were briefed in advance and asked implementation questions during the meeting about single‑occupancy restrooms, emergency situations and visiting athletic teams. Several board members asked for clarity on how principals should exercise discretion; staff said the dash R will give operational guidance and is expected to be presented to the board in October.

Votes at a glance

- Action 2.1 — New/adjusted student fees: Approved (roll call recorded as unanimous; board called votes in the meeting record).

- Action 2.2 — Resolution for use of beginning fund balance: Approved (roll call recorded as unanimous).

- Action 2.3 — Supplemental budget resolution: Approved (roll call recorded as unanimous).

- Action 2.4 — Approval of revised policies under policy and procedure review: Approved (roll call recorded as unanimous).

- Action 2.5 — Adoption of policy on student access to restrooms/locker rooms (as amended): Approved 3-2. Roll call as read on the record: Devala (Aye); Heil (No); LaVere Wright (No); Schmidt (Aye); Thompson (Aye).

What’s next: District staff will draft the administrative regulation implementing the new policy and present it at the Oct. 9 regular meeting. Staff told the board they expect principals to begin implementing that guidance after fall break, once the dash R is approved and disseminated.

Reporting notes: The board’s discussion included repeated references to state legal guidance, longstanding District 49 practices (including single‑occupancy restroom options), and the March–September sequence of items on transgender‑related policies. Speakers cited the district’s need to find budget reductions—one board member noted a projected need to identify about $9 million in cuts next year and referenced $135 million in deferred maintenance over five years—arguments used by some members to underline the financial stakes of legal risk and litigation costs.