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 participation in sports, which includes damaging language and blatant falsehoods. 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, please tell them not to pass this policy! It is most impactful if you can make a personal connection with the district, such as mentioning your friends, co-workers, or employees 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)  

1. It perpetuates harmful myths and blatant falsehoods around trans, gender-expansive, and intersex people, claiming that their participation in sports constitutes an unfair advantage. 
2. We all want to uphold the safety and integrity of girls’ sports, for all girls. This policy fails to do that by increasing the risk of harassment for both cisgender and transgender female athletes. 
3. It violates Colorado State anti-discrimination law, as well as the Constitution, and preemptively complies with government overreach into our community.  
4. It is written with a lengthy and harmful preamble, in a way that is inconsistent with other district policy and will certainly bring legal challenges.  
5. It takes a “one-size-fits-all” approach that ignores the complexity of transition, gender, sex, and body type. A case-by-case basis is the only way to  determine the safest and fairest way  for students to compete.  
6. The name of this policy claims to be for the purpose of “preserving fairness and safety,” while actively doing the opposite by increasing harm. 
7. Participating in school sports is an important part of a young person’s life, and exclusion from sports can have negative impacts on mental health and wellbeing. 

Our Demand/Ask for Board members 

Our position is that this policy should not pass. However, if it does pass it should be with some revisions that will reduce harm. 

• Do not pass the policy
• If this Board chooses to pass the policy, it must…
  • allow for a case –by-case basis decision-making process. 
  • Remove the preamble of the policy to put it in line with other policies in the district. 

Logistics 

Meeting Logistics:  

This policy will be introduced as an action item on Thursday, May 8th, 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!

The district has just implemented an online public comment sign-up, which you can find at 3 p.m. the day before each meeting at this link (scroll down to where it says “announcement,” 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 JBA.

Opening Statement: (State a clear and concise statement of your position and why it matters.) 

Example: The proposed policy is not only factually untrue, it is 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. 

1. 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.” 
2. Provide facts, statistics, or personal experience that show why the claims made in this policy are untrue, harmful, dangerous, or all of the above. 
3. 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 JBA.

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 and their rights in your district is essential for their wellbeing and academic success. 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.  

1. 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.” 
2. Provide facts, statistics, or personal experience that show why the claims made in this policy are untrue, harmful, dangerous, or all of the above. 
3. 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 the safety and integrity of girls’ sports, for all girls. This policy fails to do that by increasing the risk of harassment for both cisgender and transgender female athletes and failing to address other pressing concerns.  
• This policy sets a standard that it is okay to police someone’s participation in activities because of their physical characteristics.
  • If a cisgender female athlete 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 on her team, parents, coaches, referees, and other school staff. 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 boys to play on girls’ teams, even in cases where they are taking testosterone. Conversations around competitive advantage are complex, and this policy seeks to create a “one-size-fits-all” approach that is insufficient to adequately determine what team a student should play on. 

 

This policy is based on multiple false assumptions

• It perpetuates harmful myths and blatant falsehoods around trans, gender-expansive, and intersex people, claiming that their participation in sports constitutes an unfair advantage.
  • 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 doing so for the express purpose of winning at sports.
  • Transgender people undergo years of social redefinition, the loss of friends and loved ones, and discrimination to be their true selves. Student athletes who want to be more competitive join competitive programs, transfer schools or programs, or make healthier lifestyle choices around exercise and eating. No one is transitioning to win more games. 
• It ignores the changes to the body that can come from hormone replacement therapy.
  • Trans boys on testosterone will likely increase muscle growth, which undermines one of the reasons that has been given for this policy to exist. Conversely, trans girls will lose muscle mass over extended treatments.
  • Each student has unique needs; any district policy should be aware of that fact and prepared to accommodate case-by-case evaluations.  
• This policy is also based on the assumption that any boy could beat any girl at any sport at any time.
  • Much of the rhetoric around this policy makes the unfair and untrue assumption that men are so biologically superior to women that any competition between them is impossible. How unfair to female athletes! This ignores the hours athletes put in to training and practicing with their team, and the dedication they put into studying and practicing the game.  
• It violates Colorado State anti-discrimination law, the Constitution, and preemptively complies with government overreach into our community. It is also written in a way that is inconsistent with other district policy to be hateful and potentially set the stage for legal challenges. District 49 taxpayers should not have to pay for years of legal battles in the district; that funding should go to schools.  
  • Pre-emptive Compliance  
    • This policy cites Executive Order 14201 and the Trump Administration’s threat to cut funding to schools who allow trans athletes to compete. Executive orders are not law. The only laws this policy will violate are real Colorado Anti-Discrimination laws.  
    • Colorado Springs is a community that prioritizes local control. To fold to weak and unenforceable executive orders from Washington is antithetical to the values this community claims to hold.
  • The Constitution 
    • This policy violates the First Amendment right to free speech, the 14th Amendment right to equal protections under the law, and the 10th amendment right to local control. 

District lawsuits  

1. This policy seems to be written in preparation for a legal challenge (hence the out-of-place preamble to the policy, which reads like a legal brief). It is not the job of D49 taxpayers, students, teachers, or community members to fund a legal challenge to large-scale culture wars that the school board has no right to interfere with. It is a massive waste of time, budget, and attention that benefits no one.