NOTE: You do not have to read this entire page word-for-word. Please scroll to the sections that are relevant to your needs/interests/curiosities.
Hello! Thank you for advocating for LGBTQIA2+ students, educators, and families in Falcon School District 49 (D49). Some members of the D49 Board of Education have proposed a policy that would ban trans and gender-expansive students from using the restroom that corresponds with their gender identity – a practice that is not only against Colorado Law, but proven to be harmful to student health. We are mobilizing to oppose this policy! Read below for more information on how to get involved.
Even if you do not live in D49, your voice is important! It is most impactful if you can make a personal connection with the district, such as mentioning your friends, co-workers, family, or others who live in the district, but any expertise is welcome.
Click here to see the draft policy
Problems with the policy: (See Talking Points for explanations and counter arguments)
- Separate but equal is illegal
- There were many reasons given throughout the night to justify why separate restrooms are the preferred option here. People said “this is not a trans issue, it is a safety issue” (real popular with folx who say they know trans people)
- This is a safety issue
- This is not what students care about. Drugs, inappropriate behavior, bullying, and vaping are what students report witnessing in bathrooms that actually harms their safety.
- This is impossible to enforce without HIPPA violations
- This policy does not only apply to students, but also to adults such as educators and visitors. Regardless of Title IX interpretations, this policy will cause a lawsuit.
Our Demand/Ask for Board members
Our position is that this policy should not pass. We ask the board to vote “no.”
Logistics
Meeting Logistics:
This policy will be introduced as an action item on Thursday, October 9th, at 6:30pm. The meeting will be held at the Creekside Success Center – D49 (3850 Pony Tracks Dr, Colorado Springs, CO 80922). Please pack the room and wear purple to show support for Neighbors for Educaiton, and opposition to this policy!
A large showing of community members, even just being in the room, will be very valuable!
If you would like to give public comment, please feel free to scroll down for talking points, and reach out to schools@insideoutys.org . We would be happy to help you prepare your public comment!
Sign up for public comment online at 3 p.m. the day before the meeting at this link (scroll down to where it says “Information for Online Public Comment Sign-Ups” as that is where the link to sign up will be posted.)
Sign up early, as we’re anticipating a lot of support for this policy from anti-trans groups, who will also be trying to pack public comment.
During the meeting
At the meeting, there will be appropriate times for clapping and showing support and times where remaining quiet in the audience is important. Specifically, clap, cheer, stand, and support those giving public comment who are bravely speaking out against this policy!
However, while school board members are speaking, it is best to remain quiet. Clapping for supportive board members limits their chances to speak because they are timed. It also sets the precedent that clapping during board member discussion is okay, which could lead opponents to cheer for hate in the room.
We anticipate this policy will pass unchanged. We are expecting the three votes in favor to come from President Thompson, Vice President D’Avola, and Director Schmidt. The votes in opposition we expect to come from Director Heil and Director La Vere-Wright. Making sure these two supportive members have the chance to speak uninterrupted is critical for our ability to influence this policy at the meeting.
Email logistics:
The emails for all 5 board members are listed here. We recommend emailing each person on the board together on the same email. You can reach out to jaxon@insideoutys.org if you want someone to help you write or review your email.
Jamilynn D’avola: jamilynn.davola@d49.org
Deb Schmidt: deb.schmidt@d49.org
Marie Lavere-Wright: marie.laverewright@d49.org
Lori Thompson: lori.thompson@d49.org
Mike Heil: mike.heil@d49.org
Public Comment Template:
Public Comment is 2 minutes in D49, which is fast. Please practice your comment while timing yourself to make sure you can give your full comment. If you have more to say, sending an email in addition to your comment is more than okay.
Hi,
My name is ______, and I am a ____ (parent, teacher, student, community member etc.) I appreciate the opportunity to speak on your proposed policy JBAA.
Opening Statement: (State a clear and concise statement of your position and why it matters.)
Example: The proposed policy not only relies on falsehoods around sex and gender, it is also hateful and goes against state anti-discrimination law.
Personal Story (if applicable):
Share a brief, relevant story to show how this policy directly impacts the board’s community and constituents, or how similar rules have impacted your life.
Supporting Points: (1-3 Key Arguments and Stories) Any of the talking points below can be used here, personal stories are the most impactful inclusions you can make if you have them.
- Share why policies like this are unacceptable in our community. You can speak to its conflicts with state law, community values like compassion or a dedication to accurate information, or how it conflicts with the district’s proclaimed values of “care, respect, trust, and responsibility.”
- Provide facts, statistics, or personal experience that show why the claims made in this policy are untrue, harmful, dangerous, or all of the above. Scroll down to talking points for some resources you can use.
- Expand on a previous point or offer another reason why this issue is important. This could include best practices seen in other districts, legal considerations, or why this resolution upsets or frustrates you. Emotions can be powerful!
Call to Action:
(In your own words, specifically state what action you want the board to take.)
Ex. I am asking you not to pass this policy and consider how rhetoric like this harms the students and families you were elected to support.
Closing (if you want):
“Thank you for your time.”
Email Template:
While there is no limit to how long your email can be, the shorter it is the more likely the Board will read it all. Try to keep your email concise and utilize underlines and bolding to call attention to your most important points.
Subject (Please Personalize!): Community Concerns on Policy JBA
Dear Members of the District 49 School Board,
My name is____, and I am writing to you as a _____ (your role, e.g., concerned community member, parent of a student, educator, etc.). I appreciate the opportunity to share my concerns/frustrations regarding your proposed Policy JBAA.
Share why this matters to you: (State a clear and concise statement of your position and why it is important.) Example: “Recognizing the reality of transgender students, educators, families, and visitors and their rights in your district is essential for their wellbeing. Sending this message to our community is (deeply upsetting, hateful, harmful, discriminatory, etc.)
Key Points – Any of the talking points below can be used, but personal stories are always powerful additions.
Points can be made in any order, sharing what speaks to you is the most important thing to do.
- Share why policies like this are unacceptable in our community. You can speak to its conflicts with state law, community values like compassion or a dedication to accurate information, or how it conflicts with the district’s proclaimed values of “care, respect, trust, and responsibility.”
- Provide facts, statistics, or personal experience that show why the claims made in this policy are untrue, harmful, dangerous, or all of the above.
- Expand on a previous point or offer another reason why this issue is important. This could include best practices seen in other districts, legal considerations, or why this resolution upsets or frustrates you. Emotions can be powerful!
A personal story, if applicable: Sharing a brief, relevant personal story can be the most compelling thing people hear and has the most potential to stop them from passing this policy.
Call to Action (Specifically state what action you want the Board to take): I urge the board to not pass this policy and to consider how rhetoric like this harms the students and families they were elected to support.
Closing Statement: Remind them of the importance of your request and that you are paying attention to the decisions they are making that hurt LGBTQIA2+ students.
Sincerely, (Your Name)
Contact Information (if you would like them to reach out)
Talking Points
These are ordered based on ongoing conversations about what messaging might be most effective to reduce the policy’s potential harm. We encourage folx to write about what matters to them, especially personal experiences.
Express your emotions
- This is an upsetting policy for them to try to pass. Professional obligations mean some people can’t share how angry, upset, hurt, or sad they feel about this policy. Students, parents, and community members may not have those same restrictions, and we urge folx to express their frustrations with Policy JBA in a way that is respectful but shows the harm this causes and the energy it generates in our community.
- You can also thank them for abandoning their resolution that would have recognized only two sexes, if you are so inclined. (Note: If you do this, please also share that the language they have added to Policy JBA is too close to the original resolution, and presents the same issues and challenges.)
- Parents – Tell the School Board that you want your parental rights respected as the parent of a trans child.
This policy will harm cisgender girls, too
- We all want to uphold safety for everyone, especially students, in school restrooms. This policy fails to do that by increasing the risk of harassment for both cisgender and transgender students and staff, and failing to address other pressing concerns.
- This policy sets a standard that it is okay to police someone’s use of a private facility because of their physical characteristics.
- If a cisgender girl has broad shoulders, is taller than her peers, or even just has a “masculine” face structure, that girl may face bullying or exclusion from other girls in the restroom, despite being allowed by this policy to use that restroom. We already know that body image is a big issue for developing youth, and exposing girls to even more scrutiny about their bodies will only increase their risk of verbal, physical, and psychological abuse.
- This policy will force trans students who have undergone hormone replacement therapy to use the restrooms that correspond with their sex assigned at birth, rather than the way they present. This can lead to discomfort, confusion, and more bullying.
This policy is based on multiple false assumptions
- It perpetuates harmful myths and blatant falsehoods around trans, gender-expansive, and intersex people, claiming that “biological sex” is immutable and unchangable, despite contradicting its own points regularly.
- Letting these biased and uninformed assumptions go unchallenged in guiding this policy and the narrative around it lets people attack strawman arguments instead of engaging with evidence and best practices about safety and privacy for students.
- It assumes that students who transition are dangerous or inappropriate, when they are simply students.
- Evidence has proven for decades that there is no safety risk to cisgender people when transgender people use the restroom that corresponds with their gender identity. This evidence does show that there is a danger to trans students when forced to use the restroom that corresponds with their assigned sex at birth.
- It ignores the changes to the body that can come from hormone replacement therapy.
- It violates Colorado State anti-discrimination law, the Constitution, and preemptively complies with government overreach into our community. District 49 taxpayers should not have to pay for years of legal battles in the district; that funding should go to schools.