Less than six months after passing a policy segregating the use of district facilities based on biological sex, School District 49’s board of education voted to repeal it during a contentious special meeting Tuesday night.

Policy JBAA was adopted by the board in September 2025 to establish guidelines separating the district’s toilet, locker room and shower facilities between students of opposite sexes, regardless of their chosen gender identity.

The policy was repealed on a 3-2 vote.

The rationale for passing the policy at the time was to ensure compliance with Title IX of the Education Amendments of 1972, which prohibits sex discrimination in educational programs that receive federal financial aid. Another reason stated by board members at the time was that the policy would protect the private spaces of biological boys and girls in the district.

Leading up to and following the policy’s approval, however, both sitting board members and members of the community have argued that the policy doesn’t protect the privacy rights of transgender students by forcing them to use public facilities that don’t match their gender.

The two-hour meeting, which also featured approvals of an amended budget for the current school year and the renewals of two charter schools, was dominated by board discussions and public comments both in favor of and opposed to repealing the policy.

After the meeting was called to order and before the agenda was approved, board director Deb Schmidt moved to postpone the policy decision indefinitely because it was unclear whether they would be suspending or repealing the policy. Schmidt also said that the board didn’t follow proper procedure leading up to the meeting and that more community feedback was needed.

“There is not a hurry to repeal JBAA. It is currently suspended, as far as I know,” Schmidt said.

“I don’t want to vote on this tonight, we don’t have the answers to all the questions and it’s just not being represented correctly,” she said.

Board member Lori Thompson agreed with Schmidt’s concerns, while board president Marie La Vere-Wright said that she had checked with their legal counsel, which approved their approach. Board member Mike Heil added that public discussions on the topic dated back to March 2025, leading up to the policy’s approval, and that they have gathered plenty of feedback throughout that time.

Schmidt’s motion to postpone the vote failed.

The action item to reaffirm or suspend the policy was presented to the board during its Jan. 16 meeting, citing legal concerns with violating the Colorado Anti-Discrimination Act and the Mathis v Fountain-Fort Carson D-8 decision in 2013.

The ruling by the Colorado Civil Rights Division allowed then-6-year-old Coy Mathis, a transgender girl, to use the girls’ bathroom at Eagleside Elementary School after she was initially denied access, according to previous Gazette reporting.

La Vere-Wright said that the district developed individualized, case-by-case procedures for affected students since the Mathis decision and that, because Policy JBAA reads as an active policy, D-49 schools risk accusations of violating state law.

She added that since the policy has not yet been implemented in district schools, the board could vote to suspend it before repealing it at the next meeting.

Schmidt and Thompson argued many of the same points regarding the timing of the vote, while echoing previous arguments for the rights of biologically male and female students and their parents.

During the discussion ahead of the vote, Heil emphasized the legal risk the policy currently presents, while adding that it’s their fiduciary duty to follow the state’s laws and constitution as elected board members.

He added that JBAA puts the onus on school staff, whose enforcement may lead to violating students’ rights and litigation.

“I think, at some point, we need to show leadership and give, especially our staff, clarity,” he said.

Given the large number of signees for public comments, the board moved to extend this portion beyond the typical 30 minutes allotted to ensure that everyone had the opportunity to speak. Attendees could be heard cheering, booing and sharing their thoughts throughout the meeting, with La Vere-Wright calling points of order multiple times.

Leading up to the meeting, two online petitions were started representing both stances on the policy. As of Jan. 28, the petition calling for the policy’s repeal garnered 725 online signatures while the other calling to retain and refine the policy garnered 786.

Holly Withers, who unseated Jamilynn D’Avola on the board since the policy was approved, voted with La Vere-Wright and Heil to suspend and repeal JBAA. Thompson and Schmidt stood by their support for the policy.