This story was produced as part of the Colorado Capitol News Alliance. It first appeared at cpr.org.
Jefferson County Public Schools is suing the Trump administration. District officials say the move is in response to a threat to cut federal funding over its transgender policies.
“Every student belongs in Jeffco. Our schools will continue to provide safe, welcoming learning environments where every student is treated with dignity and respect and has the opportunity to learn, grow, and succeed,” Rob Stein, the interim superintendent, said in a statement. “We know this issue has generated strong opinions and considerable public attention. Our focus, however, remains where it has always been—on students.”
The U.S. Department of Education has threatened to take away more than $50 million dollars in K-12 funding from the school district. The Trump administration sent district officials a warning letter in June saying they had violated federal Title IX rules by allowing transgender students assigned male at birth to use girls bathrooms and locker rooms, share overnight accommodations with female students, and participate in girls sports. Federal officials said those policies allegedly cost some female students spots on teams.
The action against Jefferson County is part of a broader, nationwide shift in how the Department of Education is approaching gender identity in schools. The OCR is currently conducting dozens of similar Title IX investigations into school districts across the country.
The district said the administration’s claim was based on a “factual misunderstanding” and said it has tried to mediate the issue with the administration in good faith. It also said the new federal guidelines and current Colorado law are in conflict and asked a court to provide clarity for which directions the district must follow.
Colorado’s Anti-Discrimination Act requires schools to accommodate students consistent with their gender identity. The district said it cannot ignore state law and pointed to Colorado Supreme Court precedent saying entities in Colorado cannot simply set aside state law because of a conflicting federal interpretation.
“Jeffco has been informed by the (Office for Civil Rights) that continuing to follow Colorado law could place more than $50 million in annual federal funding at risk. At the same time, it is not an option for the district to knowingly violate state law,” Stein said. “This has placed the district in an impossible position.”
Stein also acknowledged the legal action would cost the district money at a financially difficult time.
“There is never an ideal time to incur legal expenses. However, responding to this conflict will require district resources regardless of the path we take,” he said.
