A letter signed by more than 60 school board members across Colorado has been submitted to the Colorado High School Activities Association (CHSAA) asking it to adopt rules and practices ensuring that biological males are not permitted to compete in females’ sports. 

The April 14 letter states that this demand “is not only a matter of safety and fairness for our female athletes,” but also an effort to align “with recent federal directives that reinforce the protection of women’s sports under Title IX.”

Among the letter’s signees are board members from Academy D-20, Colorado Springs D-11, D-49, Widefield D-3 and Woodland Park RE-2, along with D-49 Superintendent Peter Hilts. Additionally, the board for Education Reenvisioned BOCES, New Summit Charter Academy, Monument Academy, James Irwin Charter Schools and Liberty Tree Academy collectively signed the letter.

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The letter was conceived from a conversation between D-49’s board President Lori Thompson and attorney Brad Miller. Thompson told The Gazette that Miller penned the letter and that she passed it along to local representatives like D-20 board President Amy Shandy to gauge their interest. She added that an addendum will likely be submitted later this week that includes additional signatures.

Thompson said that while recent ramifications from the federal level played a part in the letter, biological males participating in women’s sports is one that she has “felt strongly about for a long time.”

“And while I do want to hear from and consider all world views, this issue really does come down to biology versus gender identity. Those are two different things,” she said.

She contends that biological males have inherent physical advantages over girls from an early age and that hormonal therapy beginning in adolescence isn’t enough to discount these advantages. While she admitted that she was unaware of any transgender athletes currently in the school district, she and the board were taking a proactive approach to a potential issue.

“You don’t buy homeowners insurance after your house burns down,” she said.

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D-49’s board is reviewing a new policy that would categorize school sports by male, female or co-ed based on students’ biological sex. It will vote on the policy at its next regular meeting in May.

The CHSSA’s equity code states that the association “recognizes the right of transgender student-athletes to participate in interscholastic activities free from unlawful discrimination based on sexual orientation and gender identification.”

The code also states that any transgender athletes’ homeschool must meet with them and determine their gender assignment for CHSAA to review their athletic eligibility.  

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CHSAA Commissioner Michael Krueger was unavailable for comment.

According to Gazette news partner KOAA, CHSAA sent an email to member districts on Feb. 10, saying it’s working with a legal team to navigate how to comply with the executive order and state law.

“At this time, the full impact of the Executive Order remains unclear,” Krueger said in the email.

“The directive does not mandate immediate action by CHSAA, the CDE (Colorado Department of Education), or local school districts but instead directs federal agencies to take steps that could lead to changes in funding and oversight.”

The letter comes after a flurry of activity from the U.S. Department of Education and President Donald Trump concerning the transgender community.

In his first few weeks in office, Trump issued multiple executive orders concerning transgender rights, including a declaration that there are two genders — male and female – and an order directing federal agencies to stop using taxpayer money to promote “gender ideology.”

This was followed by investigations into universities, including San Jose State University, the University of Pennsylvania and the Massachusetts Interscholastic Athletic Association for allegedly allowing transgender women to participate in female sports.

On Wednesday, U.S. Attorney General Pam Bondi announced a lawsuit against the state of Maine after defying Trump’s orders and allowing transgender women to compete in female sports. This comes following attempts by the Trump administration to pull federal funding from Maine’s public schools last week.

The letter goes on to state that no corrective actions taken by CHSAA could lead to similar investigations, loss of funding and legal challenges under Title IX.

For the 2024 fiscal year, the Colorado Department of Education received over $1.27 billion in federal funding, according to the state’s report of expenditures. For districts in Colorado Springs, this funding accounted for just over $1 million for D-49’s $200.7 budget and $806,500 of Colorado Springs D-11’s $260.4 million budget.

D-11 board Vice President Jill Haffley is among the letter’s signees and said she chose to do so as an individual citizen and that female sports are not currently protected by CHSAA.

She added that allowing males to play in female sports deprives biological girls opportunities to participate.

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“Most of these athletes will only play at the competitive level in high school,” she said. “No, it’s not the NFL, but this is the highest level of competition for a lot of these girls and you need it to be as as fair as possible.”

Another point of contention is how these proposed changes would conflict with state laws. The Colorado Anti-Discrimination Act prohibits discrimination against anyone based on gender identity or expression. A bill known as the “Kelly Loving Act” is being considered by the state lawmakers and would add misgendering someone as an act of discrimination.

The letter specifically calls on CHSAA to take three actions:

1. Revise its bylaws to restrict participation in girls’ sports to students who are biologically female.

2. Establish clear eligibility criteria and verification processes to ensure compliance with federal law and to protect the integrity of girls’ sports.

3. Provide guidance to member schools on implementing these changes in a manner consistent with the “Keeping Men Out of Women’s Sports” Executive Order and the Department of Education’s enforcement priorities.

“We stand ready to collaborate with CHSAA to ensure a swift transition to policies that protect girls’ sports in Colorado,” the letter states. “However, we will not hesitate to escalate this matter to state and federal authorities if our expectations are not met. The time to act is now.”