School District 49’s board of education discussed a new district policy that would maintain segregation of district facilities based on biological sex during their regular meeting Thursday night.
The proposed policy JBAA would establish clear guidelines to separate toilet, locker room and shower facilities between students of opposite sexes, regardless of gender identity. All previous policies or guidance allowing access based on gender identity would be rescinded.
Its language goes on to state that it would prevent “a hostile environment by avoiding disproportionate burdens on students of one sex and complies with judicial precedents upholding biological-sex-based separation.”
Single-use facilities would also be available at each school building for any student who requests additional privacy due to discomfort, medical needs or other reasons expressed.
Additionally, in compliance with HB23-1057, non-gendered single-stall restrooms will be provided in new or renovated buildings but won’t replace or convert existing facilities unless approved by the board.
If approved, the policy would be the latest action by D-49 to codify sex-based distinctions in the district. Earlier this year, the board passed a resolution acknowledging that there are two biological sexes, which are distinct from one’s gender identity and expression. This led to the passage of a policy that requires students to participate in sports based on their sex.
The district is engaged in a lawsuit against the state over this policy since it is currently violating bylaws of the Colorado High School Athletic Association.
Like these decisions, the proposed policy comes on the heels of recent federal actions. Last month, Denver Public Schools were found to have violated Title IX by the U.S. Department of Education after a girls’ bathroom was converted into a gender-neutral bathroom in one of its schools.
Another provision in the policy would specify that, unlike Denver Public Schools, the district shall not convert existing bathroom stalls to all-gender use.
“The majority of people in the United States of America agree that it is very important that we are protecting girls in girls’ private spaces and we’re protecting boys in boys’ private spaces,” said board vice president Jamilynn D’Avola. “And we’re not allowing the fluidity of going back and forth between the two.”
Other board members and public commenters opposed to the policy voiced concerns that segregating facilities by biological sex could lead to increased discrimination and harassment towards transgender students.
“A student indistinguishable from other girls sent into the boys’ bathrooms and locker rooms has a target on their back. It is a safety issue,” board treasurer Mike Heil said.
Heil went on to note how the policy could potentially violate discrimination laws in Colorado, which classifies “gender expression” as one of its protected classes.
Ahead of the discussion, student representative Vivienne Barr relayed the student board’s consensus view of the proposed policy, which is that a gender-neutral bathroom, without changing existing bathrooms, was the best way to ensure safety and privacy for all students.
“We recognize that there is a lot of apprehension around people having their own spaces or sharing spaces, so we, as a student board, kind of came to the conclusion that we think that it is best that there is a third, separate option,” she said.
The proposed policy was verbally approved 3-2 to move forward for a final vote at the next meeting.