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D49 JBAA Guidance and Talking Points

UPDATE: D49 has already passed this policy. However, they did so in a rushed process that didn’t allow community to speak on the policy before it was voted on. Not only has D49 passed an illegal policy that will harm students and put the district at legal and financial risk, but they did so by blocking their community from speaking while disregarding the voices of parents, students, staff, and experts. We are attending to share the public comment we were denied in September, and to tell the BOE that we will not be silenced.

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 taking time to make a stand for LBGTQIA2+ students, educators, and families in Falcon District 49 (D49). Some members of the D49 School Board have circumvented usual meeting procedure to sneak through a passing vote on Policy JBAA, which bans 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.

Not only does our community decry harmful and illegal policies, we oppose the lack of transparency and accountability that led to a rushed vote on Policy JBAA. Not only is the safety and dignity of trans people on the line, but so are the core tenets of a representative democracy.  

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 policy

Logistics 

Meeting Logistics:  

Though the policy has already passed, we plan to attend the October 9th meeting to provide the public comment that was previously denied to us. The meeting will be held Thursday, Oct. 9th at 6:30 p.m. 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 Education!

A large showing of community members, even just being in the room, will be very valuable!

SEE BELOW FOR PUBLIC COMMENT DETAILS.

If you would like to give public comment on Oct. 9, 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. on October 8th 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 policy JBAA is not an agenda item, so our public comment will already be deprioritized.

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 and the lack of transparency shown by board members Thompson, D’Avola, and Schmidt!  

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.  

The votes in opposition to Policy JBAA came from Director Heil and Director La Vere-Wright, who eloquently expressed the issue with the policy (and the process that led to it) at the Sept. 24th special meeting. 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 and/or emailing allboardofeducation@d49.org. 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 passage of Policy JBAA.

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

Example: The policy not only relies on falsehoods around sex and gender, it is also hateful and goes against state anti-discrimination law. There was also no reason to rush a vote, circumventing your typical procedure.  

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. Scroll down to talking points for some resources you can use.
  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! 
  4. Express your frustration that public comment was not allowed at the special meeting where this policy was put to a vote.

Call to Action:
(In your own words, specifically state what action you want the board to take.)
Ex. I urge the board to repeal this policy and to cease its attacks on trans and gender-expansive students, staff, and families.

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.  

  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! 
  4. Express your frustration that public comment was not allowed at the special meeting where this policy was put to a vote.

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 repeal this policy and to cease its attacks on trans and gender-expansive students, staff, and families.

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 

We encourage you to write about what matters to you, especially personal experiences.

Talking Points on Lack of Transparency

  1. The Board is failing to protect the financial well being of the school district. The district already has a lawsuit for another anti-trans policy that it recently passed. This policy risks another lawsuit against the district, one that has settled legal precedent in Colorado, and will cost the district more.  This comes at a time when the district is already grappling with around $9 million in budget cuts.
  2. School Board members are elected officials, who work for the students and families in the district. Blocking their community from speaking makes it seem as if they don’t have to listen to us, which is not true. The voices that matter most are YOURS — the parents, students, and community in D49. 
  3. The Board rushing this policy through in this manner, when it was not a time-sensitive issue (or an issue at all), shows poor leadership, planning, and professionalism. A school board who is doing nothing wrong should have nothing to hide, and it should want to hear what its constituents have to say.  
  4. As Director Mike Heil pointed out on Sept. 24th, members of the district’s Board of Education have devoted seven agenda items in the last six months to targeting trans and gender-expansive students, despite the many other topics that should be addressed in the district, such as its budget. This is not where the district’s focus should be.

 

Talking Points on Policy JBAA

1. Separate but Equal is Illegal 

  • There is no room for compromise with this policy, because the so-called compromise has already been deemed discriminatory by the Supreme Court of the United States, lower court legal interpretations, and state law.  
    • The Supreme Court Case Brown v. Board of Education stated that segregating children in public schools on the basis of race was unconstitutional. This policy attempts to segregate students by gender identity, which is also a protected class under anti-discrimination law. Therefore it would enforce illegal systemic discrimination, as Jim Crow-era laws and policies enforced on the Black community.
  • Separate but equal policies usually result in separate and unequal accomodations. Only being able to access one all-gender facility in each building (which doesn’t even address the district buildings that don’t have any all-gender facilities) will create major problems for students, staff, and visitors alike.
    • Problems with limited facilities: 
      • Oftentimes, the single-user gender neutral restroom will be out of the way from a student’s classes. If students need to use the restroom, they may be late to class or miss long portions of lessons. 
      • Locker rooms and changing rooms can be required for gym class. If the gender-neutral changing space is not connected to the gym, students may have to walk elsewhere in the school to change, which calls undue attention to them and can be very uncomfortable. 
      • If there is only one restroom available to all of the transgender and nonbinary students in a school, and also to any other student who requests additional privacy, the school runs the risk of lines for the bathroom which could cause major disruptions to the school day. 
      • Single-user facilities are often locked after school, on the weekends, and for visitors. In any of these common situations, people will not have a choice but to disobey this policy or risk health complications from not using the restroom.
  • Forcing anyone to use single-user restrooms creates other problems for those forced to use them. 
    • Even if the facilities are adequate for all of the students forced to use them, some students will still avoid the restroom due to the target that comes with it. They may be singled out. 
    • Students who are looking to bully or harass students because of their gender identity would easily be able to identify those students by which restroom they use.  
    • In cases where the restroom isn’t monitored by school staff, spaces outside these restrooms can become a hotspot for bullying in the school. 

 

2. This policy IS a safety issue, but NOT for cisgender students. We should address the real problems students face, which include bathroom discrimination. 

  • Students, when speaking to the board about this policy, have themselves stated they are not concerned with where their trans peers use the restroom but are concerned the use of vapes and drugs in bathrooms, fights that occur, or students misusing restrooms to meet up.
  • If there are adults inappropriately entering youth restrooms, that is a problem for everyone, regardless of their gender identity. All of the other rhetoric about protecting students implies that trans students are a threat to cisgender students, which is not the case. In fact, due to bullying and harassment, the opposite is often true. 
  • The safety and wellbeing of transgender students is already a concern due to their increased risk of negative mental and physical health outcomes. Bathroom bills and policies are correlated with an increase in that risk. Not only are trans students’ rights on the line, but so are their lives. 
  • Negative impacts for those who want privacy: 
    • If the goal of this policy is that boys will not be in girls’ restrooms, it fails even to accomplish that.  
    • Trans men are men who were assigned female at birth. Many trans men undergo puberty blockers, hormone therapies, and express themselves as men. This policy would force people with facial hair or otherwise masculine presentation into women’s restrooms, which may cause discomfort for everyone, or even danger for that trans student.
    • A trans man could even be accused of being a cisgender man inappropriately entering a segregated facility for women, creating a confusing and hostile environment.  

 

3. IF there are students who are uncomfortable sharing spaces, which D49 has not shared evidence of, their discomfort does not justify trampling on other students’ rights. The use of an alternative space could equally be offered to the few-if-any cisgender students who express discomfort, instead of targeting all transgender students.  

  • Some justifications for this policy use the discomfort of cisgender students as a valid reason to target trans students. This ignores the fact that transgender students will also be uncomfortable, and physically unsafe, being singled out and forced out of gendered bathrooms.  
  • This causes a problem. If people are uncomfortable in bathrooms, the answer is not for either group to be forced into other/worse/fewer accommodations.  
  • If the board of education is worried about students being uncomfortable, they must consider the trans girl, indistinguishable from a cisgender girl, who will be forced to use the boys’ restroom — risking physical, verbal, or even sexual assault. Not only is that “uncomfortable” it is unquestionably dangerous.

 

4. Board members in support of this policy cite Title IX as justification for the policy with a disingenuous interpretation that claims to protect student’s right to sex-segregated private spaces. Even if one agrees with their interpretation, Title IX only applies to students. To apply it to the adults in the building and guests to the district is an extreme overreach that will result in a lawsuit. 

  • Students denied access to spaces in alignment with their gender identity already have grounds for a civil rights lawsuit, but the district is opening itself up to lawsuits from teachers, parents, and all visiting community members.
  • This is an incredibly reckless decision for the district, who are now potentially entering into multiple lawsuits over anti-trans policies. This takes time, money, and attention away from what matters: the students and teachers in our schools. 

 

5. Without clear guidelines on how this process works and who enforces it, the result will be a hostile environment for cisgender and transgender people alike, district-wide. 

  • Questions to interrogate the lack of clear enforcement mechanism: 
    • The policy states that the gender marker on one’s birth certificate determines what restroom they use, but how will people know what that marker is? Will students need to carry around their birth certificate when they want to use a restroom?  
    • If a trans person has updated their birth certificate gender-marker, which happens frequently, who gets to decide what restroom they use?
    • The policy states “medical documentation” may be requested. How could those documents be requested, viewed, and then communicated with the school without HIPPA violations?
      • Who would have access to these medical records? 
      • What documentation will be asked for?  
      • What criteria are being examined in said documentation that would answer the question at all? 
  • If the district or school isn’t satisfied with someone “proving” who they are, will they resort to genital inspections? This would obviously cross every line and boundary meant to protect students’ privacy.