NOTE: This page will be updated by April 25, 2025, with revised talking points and updated advocacy guidance.
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 good news and some bad news has emerged from the D49 Board of Education.
The good news: The D49 Board has abandoned its deeply harmful resolution that would have recognized only two biological sexes, and would have laid the groundwork for the district to deny students their rights. The abandonment of this resolution is wonderful news for trans, gender-expansive, and intersex students in the district! So thank you to all who sent emails, showed up to the work session, and planned to give testimony. Especially big thank you to our friends at Neighbors for Education, who worked hard behind the scenes to change the Board’s mind.
The bad news/call to action: But our work is not done. In lieu of the resolution, D49 has proposed a policy that would ban trans participation in sports, which still includes the same damaging language and blatant falsehoods as the “only two sexes” resolution. 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)
- It perpetuates harmful myths and blatant falsehoods around trans, gender-expansive, and intersex people, claiming that their participation in sports constitutes an unfair advantage.
- It mandates separation of what the policy considers to be two biological sexes in sports teams, locker rooms, and hotels, disregarding that not every person fits into these two “biological” categories, and disregarding nonbinary and gender-expansive people.
- This is directly counter to Colorado anti-discrimination law and current guidance around trans peoples’ facilities access; more on that in the talking points below.
- The name of this policy claims to be for the purpose of “preserving fairness and safety,” while actively doing the opposite by increasing harm.
- It complies with executive orders that are first, not laws, and second, out of line with Colorado state law that cannot be overridden at the whim of the executive.
- 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.
There is no data available that suggests risks to cisgender people increase when trans people are affirmed in their spaces. That includes in restrooms, sports participation, access to clubs, open gender expression, or anything else.
- In fact, unaffirming spaces increase actual negative mental and physical health outcomes for LGBTQIA2+ people every day. If student safety is the priority, this policy won’t only fail, but it will increase harm.
- If the School Board is operating with a different set of research or facts, it is up to them to provide that data from a reliable source. Otherwise, they are making this decision based on hypotheticals, “what ifs”, and personal discomfort with other people’s lives. None of those are valid grounds to pass a resolution which purposefully hateful language and real harmful impacts on students.
Our Demand/Ask for Board members
- Do not pass this policy
- Reconsider how this type of messaging impacts their community and their reputation
- In drafting this policy, the D49 School Board’s actions are out of line with community values they themselves claim to adhere to professionally and likely in their personal lives. Point out this hypocrisy and make them feel uncomfortable with the language they are using against their own students.
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!
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.
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 [email protected] if you want someone to help you write or review your email.
Jamilynn D’avola: [email protected]
Deb Schmidt: [email protected]
Marie Lavere-Wright: [email protected]
Lori Thompson: [email protected]
Mike Heil: [email protected]
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.
- 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!
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.
- 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
You do not have to read this entire document word-for-word. Please use the talking points that resonate with you, while including personal anecdotes you think would be powerful to share. Given the attitude of the Board, we think the talking points listed first will be the most effective, but a wide variety of responses from the community would show diverse reasoning behind our ask.
If you are interested in looking for other statistics to include in your communications, check out the following links
- Trevor Project: https://www.thetrevorproject.org/survey-2024/
- Healthy Kids Colorado: https://cdphe.colorado.gov/hkcs
- GLSEN School Climate Survey 2021: https://www.glsen.org/research/2021-national-school-climate-survey
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.)
Cite the importance of trans youth having access to sports
- Participation in sports is linked with numerous benefits, particularly for children and adolescents. It has been correlated with higher levels of self-esteem, lower levels of depression, and greater school belonging among LGBTQ youth.
- Exclusion from sports could also result in discrimination or harassment for transgender students. Existing disparities in health (such as trans youth being more likely to attempt suicide than their cisgender peers) could be made worse if transgender students are denied participation in school sports or forced to participate consistent with their sex assigned at birth under a federal ban.
- Both these points and more information can be found in a recent research brief by the Williams Institute.
- Additionally, studies show there is no difference in performance between trans and cis athletes
- For more talking points about the myth of transgender women dominating sports, see this toolkit from genderjustice.org.
Colorado Anti-Discrimination Law
- This policy is antithetical to state law like HB21-1108, Gender Identity Expression Anti-discrimination. The law explicitly enumerates both gender identity and gender expression in Colorado anti-discrimination law, covering spaces of public accommodation and education.
- Those protections are listed as the “full and equal enjoyment of goods, services, facilities, privileges, advantages, and accommodations of a place of public accommodation.”
- HB21-1108: https://leg.colorado.gov/bills/hb21-1108
Safety and Wellbeing of Students
- We know trans youth are deeply affected by national, state, and local rhetoric surrounding their identities. 90% of LGBTQ+ young people said their well-being was negatively impacted due to recent policies.
- When their learning environments feel unsafe, students are less likely to have high GPAs, less likely to go to college, and more likely to experience school disengagement.
- All reputable studies show the best way to contribute to positive health outcomes for transgender, gender-nonconforming, and questioning youth is to affirm them, believe them, and respect them. This resolution goes directly against best practices in youth support.
- LGBTQIA2+ students who reported lower levels of victimization reported significantly higher GPAs and were nearly twice as likely to pursue higher education after high school.
Facts about Sex and Gender
- Sex, as a scientific definition, is usually binary. However, to claim that the existence of the binary excludes any other possibility or variety, even in scientific contexts, is wrong.
- This ignores the roughly 1.7 percent of people who are intersex, which means they do not have either of these chromosomal varieties or another hormonal, genital, or developmental difference. That is around the same amount of people who have red hair, and many people don’t realize they are intersex, so numbers are likely underreported.
- Sex and Gender Identity
- Sex and Gender – This policy uses narrow definitions of sex to justify “protecting” cisgender students at the expense of transgender students. Rights and protections are not a zero-sum game, granting them to students in need does not harm students who already have them.
- Given the regularity at which the sex “binary” fails to describe physical characteristics of people, it should not be surprising that our social identities, which are different than our sexes assigned at birth, are incredibly diverse.
- To try to erase transgender and intersex people from D49 schools is an incredibly risky kind of rhetoric for public officials to be spouting. It shows they are ignoring their students, families, and educators on top of community experts and data. When a disregard for facts is paired with hate for a group, real people are put in harm’s way.
