PUEBLO, Colo. (KOAA) — Pueblo School District 60's board voted 3-2 to repeal a policy specifically protecting transgender students' privacy in bathrooms and locker rooms, replacing it with a broader policy covering all students.
The new policy provides privacy protections for all students in D60’s body.
It reads:
“Given that some students could feel their privacy is compromised by the presence of a biological male in female designated facilities (bathrooms, locker rooms, and overnight accommodations) or biological females in male designated facilities, any student who has a need for increased privacy, or their parent or guardian, may request, for any reason, a reasonable accommodation to ensure that student’s privacy, including but not necessarily limited to: alternative access to a single bathroom, a separate changing area, a separate changing schedule, or a separate/private room for overnight trips. Requests should be made in writing to the building principal, and all such requests will be handled confidentially and with respect and will be presumptively granted.”
“We are committed as a district to continue supporting our transgender and non-conforming students in addition to all students,” says D60 Superintendent Barbara Kimzey.
The new policy, referred to as Policy' JRD’, replaces Policy ‘AC-E-3’, which has already been removed from the Pueblo School District’s website.
Board Directors William Thiebaut and Brian Cisneros were the two who voted against the repeal.
Board member William Thiebaut says the change comes because the Office of Civil Rights said D60 was violating Title 9 law by using exclusionary language in the now-replaced policy.
"OCR is demanding that this board repeal policy and enact a new policy."
All this, he says, under the threat of freezing grant money.
"In exchange, OCR offers that it will rescind its termination of our magnet schools assistant programs grant,” he says.
Thiebault adds that the original policy protecting transgender students was put in place to adhere to anti-discriminatory laws in Colorado.
I contacted Southern Colorado Equality Alliance, who help on behalf of the LGBTQ community, they sent me this statement:
"While we are concerned that the new policy does not address broader needs of LGBTQ+ students, we applaud Director Thiebaut for his attempt to remove inflammatory language and Superintendent Kimzey for her commitment to keeping all students supported."
But some fear that getting rid of these protections for this group could increase anti-LBGTQ rhetoric.
"This transgender issue that has become such a political wedge issue for whatever reason, I don't know. I think if any student needs increased privacy, it can be for a number of reasons," says Thiebaut. "We don't have to enflame our policy by specifically stating that it's a transgender issue."
"It's absolutely in the best interest of students, and we will continue taking care of every single student in our care," says Superintendent Kimzey.
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