District 49 repeals controversial policy separating bathrooms, locker rooms by biological sex

COLORADO SPRINGS, Colo. (KRDO) – Just four months after board members at School District 49 (D49) in Colorado Springs passed a policy requiring students to use facilities that align with their biological sex, board members have now voted to repeal it.

At a special meeting Tuesday night, the newly elected board voted 3-2 to repeal policy JBAA, titled "Access to Sex-Segregated Facilities."

Back in September, the district narrowly voted to approve the policy, which requires students and staff to use bathrooms and locker rooms that align with their assigned sex at birth. The policy aligned with another resolution the district passed earlier in the year, which bars students from competing on sports teams that differ from their assigned gender at birth.

READ MORE: District 49 votes to require students to use bathrooms aligning with biological sex

Both controversial resolutions were introduced to comply with a Title IX executive order signed by President Donald Trump shortly after he took office for the second time, which recognized individuals by their biological sex and not their gender identity.

Resolution JBAA has been met with significant community backlash since it was first introduced. While advocates have argued the policy aims to protect student safety while ensuring compliance with federal funding requirements, critics worry it targets a small percentage of the student population – and could put transgender students at risk.

Less than six months after the initial approval, new board members voted to rescind the policy after a night of emotional discussion.

During Tuesday’s meeting, Director Deb Schmidt attempted to postpone the repeal vote indefinitely, arguing there was no urgency to act.

"We should take the time .... and obtain the superintendent's recommendations, as well as getting a survey going instead of rushing a vote without knowing what the students and parents think," Schmidt argued.

That motion was dismissed, and subsequent public comment continued for over an hour. The overwhelming majority of the comments revolved around concerns that the policy was harming transgender youth, and calls for new policies that aimed to protect all students' safety and dignity.

Some also criticized the board for fixating on transgender issues during past meetings.

"It's difficult to fully convey the toll that the relentless, coordinated attacks on transgender people and on families like mine have taken on us," D49 parent Lindsey Lee said. "It has been especially painful to sit through 12 or so hostile anti-trans discussions that this board has held in this very room. 12 opportunities, I'd add, where actual business, like the looming financial crisis, should have been discussed instead."

Other speakers in support of repealing JBAA referenced data and outside experiences. Alie Ehrensaft, a former D49 teacher who now serves as Director of Strategic Initiatives at Inside Out Youth Services, pointed to negative enrollment trends the LGBTQ+ nonprofit had seen following the policy’s implementation.

"Once D49 began implementing policies that directly target transgender students, many felt they no longer had a place in your schools, so they transferred out," Ehrensaft said. "For students who have remained at D49, we continue to hear not only that they don't feel supported, but that they don't feel safe in your schools."

However, other speakers defended the policy's intent, emphasizing privacy concerns in shared spaces. Former board member and D49 parent Judy Vasquez, who spoke in favor of JBAA, argued that the board has a responsibility to consider the safety of all students.

"It is your job as a school board member to represent all students, not just a certain group of students,” Vasquez said. “It is your responsibility to ensure the safety of all our children to the best of your abilities through the policies you make."

Board Secretary Lori Thompson also raised concerns during the discussion, noting that sex is a protected class under Colorado civil rights law.

"I feel like we are telling students and their parents, if you are concerned about sharing private spaces ... that you are the problem for desiring privacy," Thompson said.

She also noted that single-occupancy, non-gendered restrooms were made available for students seeking additional privacy.

Ultimately, the board voted to rescind the policy, with Vice President Holly Withers – who unseated Jamilynn D’Avola in the time since the policy was approved – voting with President Marie La Vere Wright and Treasurer Mike Heil to repeal JBAA.

Stay up to date with the latest local news, sports, and investigations by downloading the KRDO13 app. Click here to download it from the Apple App Store. Android users can download it from Google Play here.