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District 49 adopts revised restroom policy after heated board debate, 3–2
Summary
After more than an hour of debate and two amendments, the El Paso County Colorado School District 49 Board of Education approved policy JBAA on restrooms and locker rooms in a 3–2 roll‑call vote. The board directed staff to draft an administrative regulation for implementation.
The El Paso County Colorado School District 49 Board of Education voted to adopt a revised restroom and locker‑room policy (policy JBAA) at its Sept. 24 special meeting, approving the measure 3–2 after two amendment votes and extended discussion about legal compliance and student safety.
Board President Laurie Thompson called the special session to order at 6:31 p.m. and the body debated action item 2.5, a policy that governs use of single‑occupancy restrooms and reasonable options for students. Director Schmidt, who moved the item, emphasized compliance with recent state building code language: "This policy is in compliance with HB 23 10 57," she said during discussion, arguing the policy accounts for single‑stall requirements in new and renovated buildings.
Opponents framed the measure as legally and morally fraught. Director Hile said, "This policy is morally indefensible as it knowingly and intentionally sends students to bathrooms and locker rooms with a target on their backs," and argued the policy conflicts with state statute and exposes the district to litigation. Board members debated whether removing the phrase "other reasonable option" from a subsection would protect some students at the building level or would unduly constrain administrators.
Student representatives urged the board to weigh safety and inclusivity. Nikos, a student board member, summarized the difficulty: "There is no perfect answer… but I think that this policy in particular, its intent is to protect as many students as possible," and noted the policy provides single‑occupant stalls as an option while acknowledging imperfect outcomes.
After the first amendment (to strike the words "other reasonable option") failed in a roll‑call vote, the board approved a substitute amendment that inserted "without violating the intent of this policy" at the start of bullet 2.2 to preserve limited discretion for building leaders. The final vote to adopt the policy as amended recorded Devala Aye, Heil No, LaVey Wright No, Schmidt Aye, Thompson Aye, producing a 3–2 approval.
Administration said it will draft a related administrative regulation (a "dash‑r") to clarify implementation and asked that the regulation be presented at the October regular meeting for board review. The administration indicated principals and staff would receive guidance before fall break and that implementation would follow board review of the dash‑r.
The policy change is local district governance and does not, in itself, alter state law. Board members on both sides urged clarity in the forthcoming administrative regulation and acknowledged ongoing legal uncertainty could require future revisions or challenge.
The board did not announce an immediate change to building operations pending the forthcoming administrative regulation and the October follow‑up presentation.
