Months after adopting new policies restricting students to athletic participation based on their biological sex and filing a federal lawsuit, School District 49 and other Colorado school districts have reached a settlement with the Colorado High School Activities Association (CHSAA) over their right to enforce them. All parties have signed an agreement allowing the school districts to maintain their respective policies on biological sex-based sports participation, locker room use and overnight accommodations while continuing to participate in CHSAA-sanctioned activities. Along with D-49, Academy D-20, Colorado Springs D-11, Montezuma-Cortez RE-1, Education ReEnvisioned BOCES, The Classical Academy and other El Paso County charter schools are named as plaintiffs in the federal lawsuit. Each public education body adopted their own new policy ahead of joining the lawsuit “to protect fairness, safety, and privacy for female student-athletes.” “CHSAA deserves credit for doing the right thing,” said D-49 Superintendent Peter Hilts in a statement. “By reaching this agreement, they’ve recognized the need to protect fairness in competition and privacy in school facilities for our female athletes. We appreciate their willingness to engage in thoughtful dialogue and reach a resolution that puts students first.” CHSSA’s equity code “recognizes the right of transgender student-athletes to participate in interscholastic activities free from unlawful discrimination based on sexual orientation and gender identification.” It goes on to state that CHSAA will review transgender student-athletes’ eligibility decisions based on their gender assignment “in accordance with its approved policies and appeals procedures.” Per the agreement, the adoption or enforcement of any policies affecting transgender student athletes will not be considered “gross misconduct,” “unsportsmanlike conduct” or a breach of CHSAA’s ethical standards. CHSAA will also not sanction any team, competitor or school for forfeiting against a transgender athlete or team they compete against, though any such forfeit will be counted as a loss. In its own statement, CHSAA said the courts determine how laws governing transgender athlete participation are applied. It went on to note that it has never penalized a school or district for these types of policies, nor dictated what they should be. “Eligibility decisions have always been left to individual schools and districts, which is why being named in this lawsuit was both frustrating and unnecessary,” the statement read. CHSAA also said the plaintiffs never engaged in any outreach or dialogue before filing their lawsuit. “Instead, CHSAA was directed to make a change, and a lawsuit was filed shortly thereafter — a decision we believe was much more performative than substantive,” the statement read. “This litigation consumed time and resources without producing any change to how CHSAA operates. The settlement alters nothing about our policies, our practices, or our authority, and the fact that it results in no changes only underscores how unnecessary this lawsuit was.” The plaintiffs will continue their litigation against Colorado Attorney General Phil Weiser and the Colorado Civil Rights Division, who are also named in the suit. Plaintiffs allege that the Colorado Anti-Discrimination Act (CADA) requires school districts to discriminate against female student athletes by allowing biological males to compete against them and that this conflicts with the Equal Protection Clause of the U.S. Constitution since such participation could deprive female students of athletic participation, competition and scholarships. “I encourage school boards across the state to follow our lead and adopt similar policies that ensure equal opportunity and safety for all students,” Hilts said. During its Dec. 3 meeting, D-11’s Board of Education unanimously approved the settlement agreement, which its legal counsel Chris Murray said made it the last plaintiff in the lawsuit to do so. CHSAA signed the agreement the next day. Other details of the agreement include a sum of $60,000 from plaintiffs to support ongoing CHSAA operations and account for costs and attorney fees incurred. Following a co-signed letter from multiple public school representatives urging CHSAA to update its bylaws in April, D-49 adopted JBA, “Preserving Fairness and Safety in Sports,” on May 8 and filed the lawsuit in U.S. District Court for the District of Colorado the next day. The other plaintiffs followed suit in subsequent weeks and months. ...read more read less