The El Paso County Colorado School District 49 Board of Education voted 3-2 on May 8 to approve policy JBA, “Preserving Fairness and Safety in Sports,” directing participation in sex-segregated athletic teams and access to related facilities by biological sex.

The measure, moved and seconded in the action portion of the meeting, passed after more than an hour of board discussion and nearly three hours of public comment, during which dozens of residents, teachers, parents and students urged both approval and rejection.

Why it matters: Supporters told the board the policy preserves competitive fairness and protects privacy in locker rooms and overnight team housing; opponents said it risks legal challenges, harms transgender and gender-expansive students, and will be difficult or impossible to enforce without invasive or inconsistent procedures. Board members who voted yes said they will direct the superintendent to develop implementing regulations; those who opposed called for caution and urged waiting for statewide or federal guidance.

Public comment and board debate

Speakers for and against the policy addressed the board during the open forum. Jacqueline Adair, a district parent, framed her remarks in terms of competitive fairness: “They need a chance, so we gotta keep them separate,” she said, arguing that biological differences matter in sport. Dr. Lindsey Lee, who identified herself as a D49 parent and local school volunteer, told trustees she found the draft policy “unenforceable,” raised legal and fiscal concerns and urged case-by-case evaluation instead of a blanket rule.

Inside Out Youth Services and its allies urged restraint. Ollie Glessner, communications and advocacy director for Inside Out Youth Services, told the board: “What are you so afraid of? What about trans children scares you so much? And why, as adults with power and responsibility, hold those children responsible for your fear?” Student board representatives also spoke: Kira, a Sand Creek student and athlete, said she supported protections for privacy and safety but acknowledged the issue was complicated; Maren Hoffman urged caution and called for more research before formalizing sweeping rules.

Board discussion centered on competing obligations: protecting girls’ competitive opportunities and safety; complying with state and federal civil‑rights law; avoiding litigation that could threaten district funding; and how CHASA/CHSAA and statewide or federal court guidance might change implementation. Director Schmidt emphasized fairness and cited studies and examples she said show an ongoing performance gap tied to biological sex. Director Haile and Director Lavere Wright warned that the policy will not prevent girls from competing against athletes from other districts and urged reliance on broader governing bodies; Haile noted ongoing federal litigation and said the district could become a “lightning rod” for legal challenges.

Implementation and next steps

Board members who supported the policy said the vote establishes the policy framework and that district administration will write regulations to implement it, including privacy accommodations. Superintendent Peter Hiltz and board members indicated the administration will prepare implementing regulations for future review; details on implementation, enforcement mechanisms, and an effective date were not specified at the meeting.

“Anyone who didn’t get checked in in time… we are going to have a second public forum at the end where you can express your opinions,” Board President Lorraine Thompson told the room after the vote.

Votes at a glance (actions taken May 8, 2025)

- Approve agenda — Passed (5-0)
- Consent agenda (as amended; item 5.6 moved to action) — Passed (5-0)
- 7.1 Approve Envision math curriculum — Approved (5-0)
- 7.2 Approve job description for practical nurse (Licensed Practical Nurse/“lisonbee practical nurse”) — Approved (5-0)
- 7.3 Approve job description for School Counselor on Special Assignment — Approved (3-2); yes: Haile, Olivia Wright, Thompson; no: DeVola, Schmidt
- 7.4 Approve course proposal for College Success Boot Camp at PPCC — Approved (5-0)
- 7.5 Approve proposed policy JBA, “Preserving Fairness and Safety in Sports” — Approved (3-2); yes: DeVola, Schmidt, Thompson; no: Haile, Lavere Wright
- 7.6 Direct superintendent to direct lobbyist to register a formal position opposing HB25-1312 — Approved (3-2); yes: DeVola, Schmidt, Thompson; no: Haile, Lavere Wright
- 7.7 Special services providers (pulled from consent to action) — Approved (5-0)

What the motion did and did not do

The adopted policy (JBA) states the district will organize sex‑segregated athletics and related facilities by biological sex as described in the policy language the board considered. The board directed administration to draft regulations and operational details; however, the vote did not include final regulations, enforcement procedures, or an effective date. Board members acknowledged those elements will be developed administratively and returned for the board’s review or implementation guidance.

Concerns raised about legal and practical enforcement

Multiple speakers and at least two trustees warned that litigation is likely and that federal and state guidance remain in flux. Several public commenters referenced federal Title IX protections, Colorado protected-class statutes and recent executive‑level and court developments; attorneys and staff at the meeting noted the district faces competing legal obligations. Director Haile specifically urged the board to allow ongoing federal litigation to resolve rather than rush into a district policy that could invite suit.

Voices from the community

Supporters who spoke in favor of the policy emphasized fairness for female athletes and privacy in locker rooms. Susan Bruner, a long-time D49 resident, told the board that “physiologically, persons who are born as a male… have a hormonal advantage” and urged protection of girls’ opportunities.

Opponents — including students, school staff, public-school teachers and representatives of youth services — warned the policy will harm transgender and gender‑expansive students, increase stigma and create enforcement challenges. Cicada Carpenter, who identified as intersex, said the policy “simplifies the complicated reality of both gender and sex,” and urged the board to reconsider.

Budget and litigation risk

Several speakers and trustees highlighted fiscal risk. Board members who voted against the policy cited ongoing state and federal litigation and warned the district could face civil‑rights lawsuits that might be costly; trustees who voted in favor said protecting girls’ sports and privacy was their priority even given that legal exposure.

Outlook

The policy takes effect only after administration drafts regulations and guidance; those regulations will determine how the board’s policy is applied in day‑to‑day school operations. The district also scheduled a second public forum for speakers who did not get checked in before the meeting began.

Ending

Trustees and administrators said they expect additional community comment as regulations are developed. The district did not announce an effective date for the new policy, and the administration did not provide an implementation timeline at the May 8 meeting.