Colorado Springs D-11 may soon follow the lead of another local school district regarding student sports participation and legally challenge the state.

During a work session Wednesday night, D-11’s board of education discussed adopting a new policy that would determine student participation based on biological sex.

The proposed policy, JBA – Preserving Fairness and Safety in Sports, would designate sports teams as “male, men or boys,” “female, women or girls” or “coed, mixed or open.” Students of one biological sex would also be prevented from entering the locker rooms and lodging in hotels with students of the opposite sex.

The policy, proposed by board secretary Jason Jorgenson, would primarily affect transgender students who identify as female from competing against biologically female students. He said the policy is necessary because of physical advantages that biological males have over females and concerns about student privacy.

The proposal comes following a similar policy passed in the neighboring D-49 in early May. Shortly after this approval, the school district filed a lawsuit against the state and the Colorado High School Activities Association (CHSAA) because both bodies currently permit transgender athletes to participate in sports that align with their preferred gender.

School District 49 files lawsuit against state attorney general, civil rights division, CHSAA

In addition to referencing CHSAA’s bylaw 2830.1 and suggesting that male participation in female athletic contests would create “an inequity of skills within a class, and ultimately severely limiting participation of female athletes,” Jorgenson acknowledged that the proposed policy would also go against other bylaws and state civil rights protections.

Because of this, and the belief that the policy would comply with the federal law Title IX prohibiting sex-based discrimination in education, he suggested the district join D-49’s lawsuit to avoid any of their own legal challenges. He added that funding for the lawsuit will mostly be covered by a larger group engaged in this matter. 

“So, our legal cost to that is minimal,” Jorgenson said. 

Board member Julie Ott expressed her disapproval of the proposed policy, pointing out its violations of current state laws, believing it would reinforce sex and gender stereotypes and calling it “downright hostile” to D-11’s transgender and nonbinary students.

Other board members agreed with Jorgenson’s stance on protecting female athletes’ privacy and opportunities and being proactive ahead of any federal changes.

“I fully support this policy,” board member Lauren Nelson said. “Protecting girls to have fair competition and access to fair competition and scholarships, that’s what this is about.”

In April, all D-11 board members except Ott individually signed a letter urging CHSAA to change its rules and practices regarding this matter. The letter was also signed by more than 60 school board members and administrators across the state.

The board agreed to defer its options to legal council and will continue discussions at future meetings.

Colorado education leaders push to restrict biological males from female sports

Limiting flags in schools

Earlier in the work session, the board discussed revising its existing policy concerning flag displays, to allow only the U.S. and Colorado flags in all district buildings. It would also require daily recitations of the Pledge of Allegiance for willing staff and students.

The changes were proposed by Jorgenson, who said it was “frustrating” to learn that some elementary schools currently don’t recite the pledge at the beginning of the school day and that limiting the flags displayed would create a neutral learning environment for students.

“What better way than to have government-funded schools that only displays government flags?” he said.

The revisions also state that no other flags will be present on district property, either as physical flags or displayed on other materials like posters or stickers. Exceptions to this rule include the display of foreign flags for either special occasions or ceremonies or specific educational lessons or historical purposes. For the latter, prior permission from the superintendent would be required.

Additionally, a prisoner of war and missing in action flag and flags commemorating U.S. military branches would still be permitted in schools.

Similar policies have been passed by school districts across the country, along with legislation passed in states like Florida in recent years. The reasons stated for their need are to keep the focus on education in classrooms and other school settings and maintain a neutral environment.

LGBTQ+ advocates and organizations like the American Civil Liberties Union have expressed concerns that these laws and policies go against First Amendment rights and send a message that this community is not to be celebrated or protected.

Ott raised many of these points, while adding the changes would limit teachers’ academic freedom for classes like world language and social studies and dismiss some students’ cultural heritage.  

She also noted that since this policy would exclude the rainbow pride flag and Jorgenson has previously received criticism for views toward the LGBTQ+ community, it would silence support for D-11’s transgender students.

“It shouldn’t be a question about neutrality, it is a question of showing that you care about these students who are often marginalized and sidelined,” she said. “So … I think that’s what this is aimed at.”

Those opposed to the pride flag hanging in schools have argued that it could lead to provocative discussions about sexual identities, which some may consider inappropriate in a school setting, especially for lower-grade students.

Other board members balked at Ott’s notion that the proposed changes targeted the district’s trans students and argued that limiting flags respected the views of all its students.

Board member Sandra Bankes said she approved the changes since they would focus school days and class time on preparing students to become educated U.S. citizens who understand their state, country and its military branches.  

She added that limiting the displays and discussions beyond class instruction would reduce distractions and the number of public demonstrations by students before and after school .

“We, as a school and as a school district, should have those guiderails in place so that kids can understand, if they want to effect change, they do things like come to the board because they’ve worked with their leadership group … that’s how you effect change,” Bankes said.

“Standing out yelling or hollering or walking out of a school, that’s not how you effect change.”

Board members agreed with Ott’s suggestions that college pennants could be included with the approved flags, since they often represent teachers’ alma matter and encourage academic achievement.

The board will revisit the topic at future meetings before a vote takes place.

As Palmer High School begins renovation, uncertainties remain

Other business

During a special meeting ahead of the work session, the board voted to approve the purchase of four downtown properties located adjacent to Palmer High School, ahead of major renovations to the school. The district plans to purchase the properties at 219 E. St. Vrain, 221 E. St. Vrain, 430 N. Weber St., and 429 N. Nevada Ave and remove them to accommodate new athletic program additions for Palmer.  The properties were priced at $650,000, $1 million, $925,000 and $1.6 million, respectively.

Funding to purchase them will come from the district’s capital reserve budget, which was appropriated at more than $198.3 million for the 2025-26 fiscal year.

Additionally, the board approved the sale of the building currently housing Roosevelt Charter Academy to the district charter school.

Roosevelt has operated out of the property at 205 Byron Dr. since 2001. During this time, the school’s leadership has invested in capital projects like HVAC improvements last summer. The school’s contract with the district was renewed for five years in 2024.

RCA has agreed to purchase the school site for $8,150,000, which will go into D-11’s capital reserve fund.