Hi all. We are actually going to hold off and start the meeting um at about 6:20 instead of 6:00 today because online where it said open forum signups because um they're used to the 6:30
start on it said that you could check in until 6:15 for open forum. Um which means we'd be 15 minutes into the meeting when we had told people they could still check in. So, to make sure we're consistent and respectful of the fact that people might be trying to
follow the directions on the website, we're going to make sure we wait that extra 15 minutes. Um, so they still have that time to check in because if we waited, we would be through um we'd already be into that comment before that time was over. So, we want to make sure
that there isn't any issue with anyone who signed up ahead of time getting checked in correctly. I wanted Are people sidewalk? What's going I didn't see
Wonderful. Okay. So, it is now 6:21 and I'm going to call our meeting to order. May I have a roll call, please? >> Hy >> here. >> Olivia Wright >> here. >> Schmidt >> here. Thompson >> here. >> Withers here.
>> Okay. Please stand and join us in the pledge of allegiance. United States of America and to the stands. One nation under God, indivisible, with liberty and justice for all.
>> May I get a motion to approve the agenda? >> I move to approve the agenda. >> Point of order. I move to postpone indefinitely item 5.5 policy JBAA for two reasons. Can I get a second?
>> Second. It's been moved and seconded. Any discussion? First, the wording on the cover page for JBAA is contradictory and confusing and there is no other information provided. The cover page has the word suspend
under background and rationale, but the word repeal under relevant data. Suspend and repeal are two very different things, but are both being used to recommend a course of action, which by the way, under recommended course of action, it says either I move to suspend
or I move to reaffirm. There is no language to make a motion to repeal. After seeing the contradictory language, I don't think that the board should have voted on this at the last meeting, and I don't think we should vote on it tonight when it contains the
same confusing wording. Are we suspending? Are we repealing? Are we reaffirming? How do we know? I think we need to start from scratch and be clear and concise on the cover page so we know exactly what we are voting on. I don't want to vote on this. It's not clear
what we're voting on. Any further comment? >> I would like clarification on suspend versus repeal primarily because of the provisions in policy BG. The vote to suspend last time counted as
the first read which meant when we discussed it at the time that it would repeal this time. Um that was moved forward as many items have been without the cover sheet getting adjusted. um which was also harder thanks to diligent. However, at this point then
we'll call a vote on that motion. >> Hold on. Hold on. >> One. You've get one. >> Click on the call to vote, but you're not following the rules. You've got to follow the rules. It takes a twothirds vote to suspend.
Um, I was just looking again under policy um, BG and it says in order to repeal it has to follow the same policy as it did to pass originally. So it talks about everything from
reviewing policy draft with concerned groups. It also talks about getting the recommendations of the superintendent or the custodian of the policy and the viewpoints of persons and groups affected by the policy. The first meeting the propos proposal will be
presented for a first reading and discussion. This is to pass a policy. The second meeting the proposal will be presented for a second reading discussion and vote. So if we're going to repeal it the same way it was passed which is at the very end of the policy
it says policy repeal shall be accomplished in the same manners manner as policy adoption and then above that it says it may be temporarily suspended by a majority vote of board members. So what was voted on last time was not
repeal, it was on suspension. So if we're going to follow our own policies, there would be two meetings to repeal. >> Um legal was consulted and was present at agenda setting and agreed that this was appropriate process and consistent with what we have done in the past
including including emergency issues when there has been a legal constraint. Um you can certainly ask Mr. Miller, but he saw your emails when this was item was there initially and agreed with the assessment in my response to you. So, at this point now, we're going to vote on
this motion so we can move forward. >> Point of order. I have more to say. >> It would be good to consult Mr. Miller when all board members are present. >> Do you have feel free to finish your statement so we can continue to actually move board business, please?
>> I figured we could vote on this first one and then we'll talk about the second one. I was just trying. So then you agree to call the vote. >> No, >> I have more to say. >> Isn't that what I I just offered you
that. So would you like me to vote? >> No, I will go ahead and speak. Thank you. >> Thank you. Next. Policy BG states that the board shall take action after hearing the recommendations of the superintendent or the custodian of the policy and after hearing viewpoints of persons and groups affected by the
policy. Neither has been obtained because it is in policy. I believe we are not supposed to forego hearing those two important perspectives. As one member, I would personally like to hear the superintendent's recommendations and know the viewpoints of the persons and
groups affected. We need to ask students and parents about their viewpoints on JBAAA and if they give consent to just follow the practice that we have had in place for over 10 years which I don't think most know anything about. We also
need to ask staff about their viewpoints. These are the persons and groups affected by the policy and these are the people who will have to live with our decision. There is not a hurry to repeal JBAA. It is currently
suspended as far as I know. We should take the time, if it is indeed suspended, which in which is in question due to our due diligence as a board, and obtain the superintendent's recommendations, as well as getting a survey going instead of rushing a vote
without knowing what the students and parents think. I further I further move to task the superintendent to create a survey to get the viewpoints of students, parents, and
staff that is to be approved by two board members of differing viewpoints. First, I would like to remind everyone who's attending the meeting that this is the business part of the meeting, which means um all of you, I realize this is a
tough issue, but we're not shouting out, we're not cheering, whatever side you're on. This part is our discussion. So, I'm going to ask you to please honor that. If it gets disruptive, we will have to recess the meeting and come back when it's not disruptive. Okay. Thank you,
Lori. I have to agree that I think we should get legal opinions when the entire board is present to ask questions because policy BG seems to be pretty plain language and the way it was passed I was looking back at the September 11th
meeting where you had asked how many gorounds are we going to have and at that point I said we'll have three minutes the first time one minute the second time and then it's up to the board. That's how the original discussion went. That's not how our last meeting went. Uh we were not afforded
the same amount of time or the second round that I had afforded back on September 11th. So to me, I look at the plain language of the policy and I would like to hear the legal opinion. So I don't know what the issue would be with postponing it until we can get those
legal questions answered. Mike. >> So, we have talked about this and talked about this and talked about this because on March 26th, 2025, uh we had a public meeting where we talked about a resolution for um safety in private
spaces. Then that led to an executive session where we talked about the legal implications of JBAA um on April 3rd. Uh then the JBAA was brought forward against legal advice on
September 23rd and we had our first conversation about it there. We approved or sorry on September 11th. Uh on September 23rd we talked about it again and we approved it. On October 22nd we
um had our first read of the - R. Um, and then December 4th, it was mentioned that we were going to be bringing it back for a suspension with an I to repeal. And then January 16th, we um we
had the the vote to suspend with, again, it was very well indicated that the intention was for the second read to be a repeal. So, I don't see why we need to talk about this any further when we've been talking about this with our community, with our superintendent, and
among ourselves for 10 months. >> Real quick point, we are talking about policy BG and we're talking about the point that she originally raised. And just as a clarification, the regulations, I'd have to get confirmation from from Superintendent
Hilts were never brought forward to the board. They were they were discussed at the um the regulation was brought forward for discussion at the meeting where I called in from Breenidge um because there we had very explicit
conversation and I was asking for clarification and asking from for the um stuff to be brought closer so I could hear the full discussion. It was discussed at the October work session. It was supposed to have been brought forward for a vote December 4th and was unilaterally removed from the agenda at
the time. That's the history. The this policy in fact we are we are approaching it in the same exact manner in which it was brought forward. We was discussed on September 11th and approved on September 23rd. So it was discussed at one regular
meeting and approved at a special. So we're following the exact process this specific policy followed. Um, but either way, if please finish whatever statements you have so we can move on to board business. >> Again, I would go back to the fact that
the cover sheet is the only information we have on this policy tonight and it talks about suspending, repealing, reforming. How do we know what we're voting on? Please finish all of your questions and
comments and you have open time to read whatever you like. >> Let me read straight from the cover page. It says recommended course of action motion requested. Either I move to suspend policy JBA or I move to
reaffirm policy JBA. And it says that it was approved by Marie Levier Wright, board president. Mike. >> So, those are recommended actions. Um, you will know what you are voting on
when a motion is made. >> That's kind of late, isn't it? Isn't it supposed to be on the agenda? >> The item is on the agenda and just as many other items. So you'll notice for example when we have an executive session there's never a spec it says possible action um and it allows you to
make multiple motions as long as there's a notice that there is action possible that's sufficient at the meeting but of course we can please finish reading what you need to read. We we have a lot of people who would like to
speak tonight. Okay. Robert's rules of order. Section 4, paragraph 32. The presiding officer cannot close debate so long as any member who has not exhausted his right to debate desires the floor except
by the order of the assembly, which requires a twothirds vote. You called the vote and we did not have a twothirds vote. >> Please feel free to continue your comments. >> So does that make it
a null and void policy because we did not follow the Robert's rules of order? This is Robert's rule of order is what we decided as a district to follow. So we should probably follow it.
No one's cutting your speech off. Please continue to go. I have no comment. >> You cut my speech off at the last meeting. We took a vote. to me that makes it null and void. >> Please continue your comment. I don't have anything else to say. I think I've pretty well covered that the
last vote was probably not up and up and the reasons that I want to indefinitely postpone item 5.5 JBA. And as Lori mentioned, we need to talk to all five
of us at one time need to talk to the legal department and we need to figure out how BG fits into this. So if we can't figure those questions out, I don't want to vote on this tonight. We don't have all the qu the answers to the questions and it's just not being
represented correctly. Are we ready to vote on their motion? Would you like some Would you like a vote on your motion? Might as well. I said everything I need to say. >> Hey, I'm calling the vote, please. >> Hy, >> no. >> Let me Wright.
>> Schmidt, >> yes. >> Thompson, >> yes. Withers. >> No. >> Now may I have a motion to approve the agenda? >> I move to approve the agenda. >> I'm sorry. I had another motion in all that. >> I'm sorry. Lori's made a motion. So we
have a motion on the table. Do we have a second for that motion? >> Second. >> Moved and seconded. Now we can have discussion. >> You may make your motion now if you'd like. If it amends >> I already read my motion. I further move
to ask the superintendent to create a survey to get viewpoints of students, parents, and staff that is to be approved by two members of differing viewpoints. You kind of blew past that one. >> Was that part of her original? >> I think it it was made in the context,
but I think if if you want since we don't have a lawyer, I have some parliamentary experience that that motion's out of order in a discussion on whether to approve the agenda. it would be appropriate and in order as either a miscellaneous tasking or in the context of the item um later in the meeting. But
right now the main motion by agenda and by current motion is whether or not to approve the agenda. >> So do we have discussion on whether on approval of the agenda? >> I think I already discussed all that.
Anyone else? >> Then may I call the vote, please? >> Hyle. >> Hi. >> Levy Wright. >> I. >> Schmidt. >> Absolutely not. >> Thompson. >> No. >> Withers.
>> Yes. >> [clears throat] >> So, we are now on to public comment. As this is a special meeting, there are specific rules on public comment. You must be speaking to an agenda item and you'll have two minutes. Um, please stay seated until your name is
called by the board of education chair. Approach the podium and introduce yourself. Speak clearly into the microphone and keep your remarks respectful and orderly. Again, these have to be specific to the agenda items. Personal complaints against individuals connected with the district except for
board members or the superintendent are prohibited, but all comments must be related to the agenda. Each speaker is limited to two minutes. The board does not respond during the forum, but may assign follow-up action to the superintendent. We also encourage you to use the stakeholder grievance process
for resolving concerns related to policy violations, which may culminate in a formal appeal to the board. Thank you for participating. And our first person is Nicolo Garcelli Baitman. Hello. I am Nicolas Goselli Baitman. I'm
a freshman at S Creek High School. Hello board members of education. I am extremely upset at the the direction you are taking the school district in your budget cuts. My teacher, Mr. Swanson, has been teaching for 18 years and he
has been teaching at S Creek High School for 11. He teaches computer science and engineering, leads the comparative cyber patriots club and serves as a sponsor for link club. His credentials include Autodesk certification, intro to
engineering design, computer science essentials, computer science principles, and cyber security. He is the only teacher at San Creek High School who can properly teach coding, which is needed in any STEM career. And we are getting rid of the man who can teach us these essential skills. I want to be a nuclear
engineer where you need to be wellversed in coding. Now I can't take any coding classes at S Creek. Without Mrs. Swanson in his computer science program. I am no longer able to receive any industry certifications in Python, Autodesk or Java. I need these industry
certifications to help me stand out in competition for schools like Carile School of Minds and MIT. My dream colleges. Mrs. Swanson was going to help me get there and you just took these opportunities away from me and every other student. You cannot blame my
principal. You are the ones who voted to allow these cuts to this invaluable teacher and his programs. Finally, why does my school have to suffer when the district made these serious financial errors? I am asking you all to reconsider the programs you have cut
knowing you are hurting hundreds of students education and futures. Thank you. >> Thank you. [applause] Next is Giani Scarceli Baitman. My name is Johnny Sculli Baitman and I'm a sophomore at San Creek High School.
Dear board and I am exasperated by the board's decision to cut teachers and programs within the district. We endorse cuts on not only technical disruption for San Creek but something personal. These staff members have been an essential part of my career as a student and member of my school community.
Nearly every student at San Creek is outraged by this decision and has not been a mystery to any of us of the severe budgeting mistakes made by district officials. Not our teachers and programs. When you voted your vote cut the computer science and coding program the teacher Mr. Swanson. This is a
personal as my younger brother and friends own his program. A master teacher of San Creek. He is not only teacher new science but through his program my younger brother has lost the opportunity to earn industry certifications in Autodesk, Java and Python. There's no denying that
industries and engineering technology are among the fastest growing and most sought after in today's industries in today's market. You did not not have students futures in mind when you made that decision. This decision has affected hundreds of students. It's Jennifer Jesse, another teacher cut uh
with years of experience. Eliminating her position has eliminated the graphic design course which I am in. She's also National Art Honor Society sponsor and yearbook teacher under leadership. My friends in her class an excellent job documenting the greatest moments of our school year. Finally, Miss Kelsey Lou
Reed. As someone who has loved to escape chose life with a good book, I was scared to get out my first book as a freshman. But Miss Lou has been very kind helping me remember seedures of printing papers from the library become instrumental helping me my first year as a freshman.
I hope the board listens to me and air members community who speak out to please stop this. Stop punishing students and staff and mistakes made by the district officials. You have the power to reverse the decision and do what's right for students and staff. >> Thank you.
>> [applause] >> Our next speaker is Lindsay Lee. Uh my name is Dr. Lindseay Lee. I'm a D49 parent and um I have a speech prepared. We'll see if I get to it. I just feel the need to correct some matters of historical fact uh based on the ensuing or the discussion that just
took place. Um, it's very uh ironic to me that Director Thompson and Director Schmidt are so concerned now about getting public input on the repeal of policy JBAA when that policy was jammed through in two meetings, one of which the public was denied the opportunity
for public comment. So, it's really rich to me that now you want to do a survey to see how we feel about this. And I hope tonight's public comment will give you a at least a good sampling of where the community sits on the repeal of policy JBA.
Um I also want to add um it's difficult to um as to item 5.5, it's difficult to fully convey the toll that the relentless coordinated attacks on transgender people and on families like mine have taken on us. Those
attacks have come from every level of government and they are not abstract. They land in our homes, on our kids, and in our daily lives. It has been especially painful to sit through 12 or so hostile anti-trans discussions that
this board has held in this very room. 12 opportunities, I'd add, where actual business, like the looming financial crisis, should have been discussed instead. Each one reopens wounds and sends a clear message that our famil family's dignity and safety are up for
debate. I sincerely hope that stops here tonight. I'm here to renew my enthusiastic support for repealing the illegal and discriminatory policy known as JBAA. Before JBAA was passed, the district's casebycase approach worked. It protected students, respected
families, and shielded the district from unnecessary legal risk. Especially in this time of financial crisis, returning to that approach is not only the humane choice, it's also the smartest and most rep uh responsible one. >> Our next speaker is Jordan Martin.
Hello, my name is Jordan Martin and I am a teacher at St. Creek High School. Um, so I wanted to talk about the amended budget. Um, so after the fiscal exigency vote, that new amended budget came out. Um, and we saw that it showed a 14.7 million positive variance. Now, I am
aware that some of those are budget transfers, and today, Superintendent Hilts released a video emphasizing that the administration has taken 60% of the cuts related to this, and we appreciate those reductions. But his message completely ignored something that I noticed in the budget, that the administration admitted to finding $3.5
million in pure new recurring revenue from the state, that PPR number. That changes the math completely when it comes to removing teachers. We know that the cost to keep the roughly 80 teaching positions on the chopping block is about $1.8 million. So do the math. The new recurring revenue found just days later
is nearly double the cost of the teachers fired under the exigency declaration. If we've cut admin spending and found 3.5 million in new revenue, why are we still firing these veteran teachers? Perhaps this exigency was never about balancing a spreadsheet.
Perhaps the exigency wasn't needed to save money. Maybe it was needed to bypass policy. It was needed to strip away contract protections so that in invaluable tenure teachers who have dedicated their lives to this district could be targeted. Director Hy admitted
last week during this meeting that any community member who is looking at these new numbers may all of a sudden believe that the ex exigency doesn't look like it needs to be on the table. And he is correct. Mr. Hilt said in his video that he wants to take responsibility. Taking responsibility means admitting that when
you have new revenue to pay for every single teacher cut almost twice over, you don't fire them, you resend the exigency. Thank you. [applause] >> I'm going to ask you to please hold applause because again this part is cutting into their ability to speak as
well. David Jung is our next speaker. Hello, members of the board. I am David Young, a 15-year veteran teacher with 12 years of service in D49. I noticed in the amended budget presentation that there were suddenly $3.5 million in PPR that the district hadn't accounted for. Considering this is nearly double the
amount of money that would be saved by removing teachers from the district, I come to you today to ask you to rethink and reject the current proposal brought forth by Peter Hilts to cut programs and teachers from our district. I'm not asking to maintain my personal contract, but I believe the programs I run should not end. In particular, Horizon Middle
School has been entrusted by our community to have it to have on it a $100,000 greenhouse that has been built by the staff and students of D49. In a time where our ability to use resources and funds appropriate appropriately is in question, allowing such a valuable building to return to nothing more than a storage shed would only validate their
concerns that we as a district do not know how to properly use the resources entrusted to us. I have been blessed with the opportunity to watch students go from holding video game controllers, pretending they are holding AR-15s to holding ladybugs and arguing about the need to protect beneficial insects. I've watched athletes who only career
preparation be what's happening on a court or field learn skills that could lead to trades or a better understanding of how the world around us is being built. I've witnessed students who only eat hyperprocessed foods, questioning why they have digestive issues, start to eat the fresh produce they've grown, coming into class the next day to share
about how they felt more energetic and we're dealing with less stomach pain. In a time where our natural resources are at an all-time low and the need for them is as at an all-time high. I believe it is our duty to teach our children the skills needed to be able to put literal food on the table, to teach them how we can continue to not merely survive, but
thrive as the destruction of our natural resources continues. putting challenges in the way of our independence and quite frankly our existence. We must know how to live in harmony with nature, not just how to use technology to derive answers. For these reasons and many others that I cannot list in this two minutes, I believe you should reject Peter's
proposal. We should at the very least be looking at reducing salaries of those making the decisions prior to removing opportunities from our students. We should put in place decision makers who understand education such that we no longer need to pay for law firms to ensure that we are in line with expectations. We should be questioning
those who got us into this position, not removing those who are questioning those poor decisions. So again, I ask you to reject. >> Thank you. >> Feel free to do the silent clap. That doesn't disrupt the meeting. Michelle Kemp is our next speaker.
Good evening. My name is Michelle Kemp. I'm a resident and taxpayer in Falcon. I'm a member of the D49 Skeac committee and I serve proudly as the D49 chapter chair of Neighbors for Education.
Both of my kids attend D49 schools. I tried my best over the past few days to wrap my head around the COP resolution, reviewing diligent, looking at attachments, asking questions, and doing even more research. While I only walked away with a small increase in
understanding of this very difficult topic, it left me with a much deeper appreciation for the financial wizards in our district. Speaking of which, regarding the budget resolution, I want to thank Rebecca Brooks and the business office for their work in balancing the
district's budget while navigating through current financial challenges. The complexity of student of school district finances can be difficult for most people like me to fully grasp and I appreciate having knowledgeable professionals behind the scenes managing
such a critical responsibility. So shout out to Rebecca and her team. I strongly support the renewal of both PTA and PEK charter schools. These schools provide critical opportunities for students who may not excel and
thrive in a traditional school environment. And their emphasis on steam and the and their emphasis on steam and the trades respectively prepares these students for a a successful future. Finally, I support the repeal of JBAA.
Thank you. Thank you. Our next speaker is Devon Chhatron. I'd like to start off by apologizing for wearing a hat. Normally I wouldn't at a setting like this, but I had a surgery. So, um, but hello, my name is Devin Chetron. I would like to start off by
congratulating Vice President Wii or President Wither or excuse me, Vice President Withers on her win during this last election. I wasn't able to attend the last few meetings due to my surgery, but I'm excited to see what you will do in this role. I'd also like to thank the members of the board for holding the line for all D49 kids as a transgender individual who's been harassed and
bullied for being trans as a student and adult. Uh what you're doing right now is helping a lot of transgender kids in this district. I would like to start off or I would like to address the comments made by Director Schmidt and Secretary Thompson at the last meeting. Using our own arguments about the medical health of students to justify forcing trans
kids into restrooms and dressing rooms that do not match their gender identity or single stall restrooms that may not be easily accessed is still discrimination. I think there are better ways to resolve this issue that show a care for all D49 students. The current resolution for the issue is to allow any kids that are uncomfortable with trans
kids uh or public restrooms to request access to single stall toilets. There are far fewer kids who care about who is using the restroom next to them than you think. um they're are more concerned with the fights that are happening in restrooms. A full resolve for this would be to advocate for the state to give more funding to the school for an update
to D49 restrooms so they have full walls and doors like miniature private restrooms with commun or communal sinks instead of half measures uh half or half dividers that allow kids to peek over or under them or through cracks to harass students. This would lower the chance of sexual misconduct against any students.
This would also allow the district to install cameras facing restroom doors to see if any fights or inappropriate actions are happening like in school hallways. This would up the comfort level for all of these 49 students and the safety level. Uh and it could be pushed as a safety measure for school shootings as some walls could be
reinforced or in some of the restrooms to block small caliber rounds and be safe for students for uh to hide in during school shootings um that are locked or when they're locked out of their classrooms. This would stop the othering and harassment of transgender kids and make the district the shining light in the nation by turning this
arguably hateful debate into a way to protect our future leaders, which I think everyone on the board can agree is important. >> Thank you for letting me speak today to talk to the board members that I mentioned. >> Our next speaker is Bernardine Manning.
>> So, um, Judy Vasquez is our next speaker. Good evening. My name is Judy Vasquez. I have seven children, five of which graduated from the Falcon School District. I have eight grandchildren, of
which three have graduated from Falcon School District. I am a former board member. I have sat where you sit. It is necessary to provide separate facilities for students use. I am here to support
policy JBA. Holly, you said it's not enforceable. So, how then have for all these years have we maintained boys and girls bathrooms? Mike and Marie, can we eliminate boys and girls facilities alto together and just let everyone use the
same bathrooms? It's not just about bathrooms. It's about locker rooms. It's about safety, Holly. It's not about fear or things you assume we don't understand. This has been about identity and
feelings for the trans community. So day. So today, it's about it's still about identity and feelings, but for all students, not just the trans community. Identity is a fact of being who and what
a person or thing is. So why are three of the board members telling students their identity is worth less simply because they're not confused about who they are? non-transitioning students can be suicidal too and you do not know the
life that they are living and how non-transitioning student how many trans non-transitioning students have you lost to su to suicide in this district until you can afford to remodel all the bathrooms to full walls and full locking
doors separate facilities are a must. It is your job as a school board to reme to member to represent all students, not just a certain group of students. It is your responsibility as a school board member to ensure the safety of all our
children to the best of your ability through the policies that you make. Holly, I've seen your Tik Tok and it is my belief that you have an agenda that is one-sided. Mike and Marie, I also have observed your comments and I
believe the same of you also. >> Speaker is Alli Erinoft. Good evening. My name is Ally Erin Saft. I use she they pronouns and I'm here to encourage you to repeal policy JBA, a policy that is unlawful and discriminatory at its core. I was a
teacher in this district. I actually learned how to be a teacher in this district. I won teaching awards from this district and I currently work with your students through my work at Inside Out Youth Services. Though we serve fewer students from D49 now than we did in years prior. In fact, on average,
we've seen a 20% decline each year of young people at Inside Out attending D49 schools. But that's not because these young people are leaving us. It's because they're leaving you. Once D49 began implementing policies that directly target transgender students,
many felt they no longer had a place in your schools, so they transferred out. I can see it in our data, and financially, I know you see it in yours. For students who have remained in D49, we continue to hear not only that they don't feel supported, but they don't feel safe in
your schools. My colleagues have spoken here before, guided by evidence and humanity to advocate for policies that support queer and trans students and against policies that cause harm. Because we are the experts in this work and it is our responsibility as experts
to continue to advocate for these students no matter how obvious the decision should be. And we are in agreement with other experts all over the country guided by decades of data and as evidence for what we are recommending works. You hear a lot of opinions in this boardroom. We at Inside
Outcome with facts. Policies like JBAA harm students. Fact. And there are mountains of research that tell us so. So you as a newly comprised board have an opportunity to set a new tone to send the message that you value comprehensive
evidence over underinformed opinion to listen to the experts and it is my expert recommendation that you repeal policy JBAA. Thank you. >> Thank you. Our next speaker is Dr. Amanda Kesler.
Udis Kesler. Sorry I think I I'm Dr. Amanda Utdis Kesler. I'm the pastor at Vista Grande Community Church, United Church of Christ in Colorado Springs. Speaking in support of the repeal of the cruel anti-trans policy, GBAA, specifically from a Christian
perspective. The prophets, Jesus, Paul, and the early church taught us to love and respect all of our neighbors and work for their well-being. Trans kids are our neighbors. They are beloved children of God and they deserve the same justice, kindness, rights, and
positive treatment as all other kids. The prophet Isaiah says to do good, seek justice, and rescue the oppressed. The prophet Micah reminds us that God says to do justice, love kindness, and live humbly. Restricting the rights of trans kids is unjust, cruel, and arrogant, the
opposite of what God demands. Jesus said to do unto others as we would have them do unto us. We who are not trans would be horrified to be treated the way trans people are. If we don't want to be treated badly, we should not treat others badly. Jesus said there was no
commandment greater than the commandment to love our neighbor as oursel. The Apostle Paul said, "Love does no wrong to a neighbor." Trans kids are our neighbors. And I'm pretty sure loving our neighbor does not include stripping them of their rights. Indeed, Jesus said that we were to show mercy to our
neighbors. And there was nothing merciful about policy JBAA. Early Christians recognize that those who love God must love their siblings also. And trans kids are our siblings. Many of us have been taught to hate and fear trans kids. But as early Christians knew,
there is no fear in love, but perfect love casts out fear. Policy JBAA is built on fear and cruelty, the exact opposite of love. Therefore, we must cast out this policy instead of casting out our trans kids. I urge you in the
name of all that is holy and good to repeal this unloving, uncchristian policy. Thank you and God bless. >> Thank you. Our next speaker is Jackson Hoskinson. Good evening. My name is Jackson. I use hehim pronouns
and I'm the school advocate at Inside Out Youth Services. And I'm here today to fully support the repeal of policy JBAA. Policy JBAA not only ignores the protections guaranteed in Colorado anti-discrimination law, subsequently affirmed by the Koy Matthysse decision, it adds to a culture in D49 where it is
okay to exclude and belittle people because of their identities. At the last meeting where JBBA was suspended, I knew that happened. Some people said to me, "They," meaning trans people make up less than 1% of the population. As if by virtue of their
minority status, it is okay to trample on their rights out of convenience or comfort for the majority. Initially, passing JBAA and the 10 months of commentary we've had on resolutions and things like it has created a space where it's where people think it's okay to say things like that
about your students. No student should be treated this way. Let's consider the inverse of this policy and it might make the discrimination a little more clear. Let's say this policy required any student who was uncomfortable using the same restroom as a trans student to use the nurse's office.
It isn't onetoone because being uncomfortable is not a protected class. Okay? But the point is when you force someone to use an accommodation, it's no longer an accommodation. It's forced segregation just like the title of the policy. Accommodations and individualist
solutions are good because every student, cis and trans, deserves to have their needs met. That is why since 2013, none of the problems folks seem so worried about have actually happened here or elsewhere. JBA was never implemented. Nothing ever changed. And what has been working is
working. I know trans students who prefer to use single stall facilities. I know trans students who don't. All of them agree the boy's bathroom needs cleaned. Let's be clear. If anything inappropriate happens in any bathroom at any time, that incident should be investigated and reported, no matter the
gender of the students involved. If cisgender students need an accommodation for their comfort, that is allowed and it should be. For segregation is not the answer. I spend a time looking at this compass a lot and I hope we'll start to follow it a little bit more closely. Thank you. >> Thank you. Our next speaker is Donald
Kent. Howdy. My name is Don Kent. I live pretty close to here. I've got a toddler who will be attending these schools probably in a couple of years. From what I can see from this JBAA is really a legal question whether or not it can be upheld or has to be removed.
And I am not a lawyer and I cannot give advice on legal matters. So, I came today to speak on a compromise that I think would give both sides exactly what they want and help everyone. No more female bathrooms, no more male
bathrooms. Instead, we have penisfree bathrooms and mixed bathrooms. If you have a penis, you're not allowed in this space. Everyone is allowed in the other space. This protects people who are trans, cis, non-binary, or
whatever because they are not being segregated based on any of those identities. This also protects cis women from cis men because clearly cis men cannot go into a place where you're not allowed to have a penis. We don't need checkers at the door to enforce this
policy. Enforcement is simple. If you expose a penis in a place where you're not supposed to have a penis, you're suspended or expelled depending on severity. This protects women. This protects trans people. This gives everyone what they say they want.
But if what you're doing here is virtue signaling for something that's just an idea and you don't care about outcomes or what actually happens, then clearly this won't work for you. That's all I have to say on the matter. Thank you very much.
Our next speaker is Brett Baitman. Good evening. Uh Brett Baitman. I'm a parent of two in the district. I'm very concerned with the planning assumptions that are going into the amended budget agenda item 5.2. Specifically, in one week's time, the adopted amended revenue update has changed in fund 10 uh $4.8
million to negative. Further, it is not too late to fix a grave error. The reduction in programs that eliminated the computer science at St. Creek High School can still be reversed. As a parent of S Creek Scorpion, who is pursuing the engineering pathway, an engineering professional myself, I'm disappointed. White Cut was essential to
career readiness, academic success, and access to high impact, high-paying jobs for D49 students. A area that is creating jobs much faster than the average. high incomes, creating over 300,000 openings over the next decade. It's significant opportunities
for specialized skills from foundations taught by excellent teachers like Steven Swanson. Mr. Swanson is the only staff member able to teach his students to be certified in the widely marketable Python and Java computer languages. These classes are CTE courses that are reimburseable and must be sized to fit
the state reimbursement model. These are factors that must be considered in addition to the face value of the computer science program itself. In my work, I regularly hire highpaying engineering jobs and those certifications would grab my attention and give those candidates an edge in being hired. There's still time to pause and reverse many of the reduction in
programs errors. I ask you to insist on true due diligence, the determination application of detailed and credible criteria for reducing programs and personnel. Exhaust more means to reduce expenses outside of the classroom. While the cost of teacher salary reposition has been cited as a key budget deficit
driver, do we know the overall impact of licensed staff on the license staff salary schedule that have been used for admin roles not listed admin salaries? Um other factors to compare all the students of D49 deserve better and need you to do better and hold the people accountable who are implementing both
the amended budget and uh the the authorized fiscal extingency. You're months away from the actual suspense to adopt a budget. take the opportunity to gather better more objective decision quality data for the voter grant to governing authority that you have over the annual year 2627 budget. Thank you.
>> Thank you. Our next speaker is Angela Rush. Hi there. My name is Dr. Angie Brush. I this is my first time coming to any of these schoolboard meetings. I am a parent. I've had four kids in the D49 district. Um I have two that have
graduated. They're successfully in college and two that are still in uh in high school. Um I had to come today because I have to speak up on behalf of my rights as a parent and my children's rights as human beings in America. Um, I
hear a lot of the discussions based about the JBAA to be focused on parental rights. I want to express that trans kids parents also have rights. We have the right to work with our medical
professionals, our children, our school systems to decide what is best for our children. Does it impede on the rights of other parents for us to be exercising our own rights as parents? Does it impede on the rights of those other children for my child to take a dump in
a certain bathroom? Right? We have to ask ourselves what is the actual impact here. I want to express the responsibilities of parents. It is the parents responsibility to teach their children to advise them to guide them.
If there are populations of children that are feeling unsafe because there's a potential of a trans person being in that bathroom with them, that is the problem of the parents. Who is enforcing this fear and reinforcing these these ideologies of hate and fear in these
children that trans people are something to be feared? We have to ask our these parents, why are you not taking the responsibility to say based on the evidence, based on the data, there is no reason to be afraid. my rights as a parent. I want to choose what is best
for my child, especially if it doesn't impact the the other children negatively. Also, this policy is not enforceable. I have a child who identifies as female, presents as female, has driver's license, birth certificate that says female. I also
have one that says male, male, male, and presents as a male. There is no way of knowing what the biological sex by the way this definition is is actually going to be um considered in the use of the bathroom. So we have to understand the context but it's more than just
>> Thank you. >> Our next speaker is Barbara Doyle. Hello, my name is Barbara Doyle and I'm a retired public school teacher from Colorado Springs and a voter in district 49. Thanks for reconsidering the merits
of policy JBAA which is based on fear and false narratives. Public education is meant to be a K12 institution that begins with the teachings of inquiry and human potential for all children. Unfortunately, has been hijacked by
those who suffer from what is termed as the elucory truth effect. This is our tendency as human beings to believe false or incomplete information so long as it has been repeated to us. In this case, the idea that there are only two
genders is scientifically incorrect but repeated as if it were truth or fact. School boards create policies in order to keep children safe, like not allowing them to bring weapons to school or approving curriculum that's age
appropriate and in line with Colorado state standards. These are policies based on what children do, interact with the community, and learn in safe environments. policy JBAA does not focus on what children do, but focuses on who
these children are. Some schoolboard members have decided under the guise of keeping students safe, that they have to be protected from trans students. policy JBAA harms the very children it is meant to protect and that it does not allow
for understanding of human differences nor does it allow all children to reach their full potential as as schoolboard members have sworn to do it discriminates against a small group of children due to ignorance misinformation
and disinformation. This is what makes this incredibly bad policy also unconstitutional. separate but equal is illegal. Perhaps those schoolboard members who are trying to discriminate against trans students are the ones who really do not
belong on the school board. Please repeal this policy and get back to creating an institution. >> Thank you, ma'am. >> Thank you. >> Okay. The policy states 30 minutes of open forum comment. And although in the
past that was simply calculated by doing 15* two as we've gotten very technical um I'm trying to ensure we follow the 30 minutes and we have slightly over two minutes left which means there's one more person who can comment going
straight through the um signups is >> point of order. Um, if you look at the policy BEDH, it allows for up to 15 people to have two minutes. And so I don't see where in the existing policy BEDH it says it will
last exactly 30 minutes. Oh, I'm okay with ending it now. I just wanted to ensure everyone else was. Point of order. Which way would you like to interpret the policy? I would like to move to extend public
comment so that all people can give us their viewpoints. How many more speakers were signed up? Because we had delays by clapping. We had delays by different things. We don't line people up in the bullpen anymore.
But beedh did talk about 15 people two minutes each and if there was anything after that it went into the second session. We have also moved and approved making the public comment session longer in order to get the entire company or
the entire community's viewpoints. Although we have done that in the past as we have noted um that has opened us to viewpoint discrimination claims because sometimes we did and sometimes we didn't. Um of course the board can make that decision as a body by voting
on that motion. Um but I would caution that the concerns about viewpoint discrimination because we sometimes did and sometimes didn't is why we have been sticking precisely to policy. Um I can >> how many more are signed up? I'm just curious because we started the minute
the meeting 20 minutes late to allow everyone to check in. So, if somebody took the time to come down here, check in and wait to speak. I want to know how many more are signed up that haven't spoken yet. Uh, we have four who have not spoken in the last month who are
signed up to speak. >> So, how many was the total for the first session? There are three additional who did speak before who by policy then aren't the ones to speak this meeting. So that would be seven more.
Actually I think policy beedh says if they if they spoke last time they could even overflow to the second session. So if there's other people who have not had a chance to speak yet um I think we should allow them the chance to speak.
Are we ready to vote? >> Is there a second? We need a second. >> I thought there was one. >> The motion is to extend the policy or exp extend community public comment so
that we can hear every member every community member's viewpoint. I'll second that. >> Do we need five on on that or do we we don't because it's not a a change the agenda. Correct. It's just a set aside of the policy. >> Correct. For a procedural motion, you're
okay to proceed. >> All right. I think you need two/3. If you would like a supermajority on that, you can try to get the super majority. Let's just call the vote and see how the vote goes. >> Oh,
we have a >> No, we'll wait for Holly. That's fine. So, while we're waiting, I'm looking at policy BEDH, and I don't see any mention of 15 speakers, just 30 minutes.
>> Typically, I think how that was handled, it was not meant to be 30 minutes contiguous, and that's not how we've done it in the past. So, when they talked about 30 minutes, it was two minutes each for 15 people, but we didn't count the time walking to and
from the chairs. I'm fine with cutting it off and I think you did discuss. You kind of did it. I thought there had been a second, but you did your discussion before the second. >> You're welcome to say it again. It's pretty clear to me
that most of the people that have spoken are kind of leaning on one side other than the ones that are talking about the budget. Um I think it would be fair and correct to allow the other side of the issue
>> or the same side. If there's more of the same side, bring it on. We need to hear from everybody. So, I would like to really extend public comment to include everyone and I have to agree because we don't know who's still left to speak, but I
know people came down here, they waited for the meeting to start and they signed up to speak. So, I think it's reasonable to let everyone who signed up have a say. So, I'm in favor of extending public comment. You know, it'd be different if it was
just a minor issue. This is pretty big, folks. >> We need to hear from everybody. And just to be clear, the the discussion about um the 30 minutes was to allow another speaker because we had not yet consumed uh 30 minutes.
But the motion on that we're discussing right now is do we extend public comment to allow everyone who took the time to come down here to speak to give them a chance to have their voice heard and I think we should. Okay. So then are we ready to call the vote?
>> Are we ready to vote? Are you good with voting on that? >> Hyo. >> No. >> Leia Wright. >> No. >> Schmidt. >> Yes. Yes. >> Withers.
>> Yes. >> So, we didn't need the supermajority because that's procedural. So, that means we can call everyone else up. I was looking for the part where it was if they'd spoken the prior month. I can't find that wasn't in this piece. It had to be somewhere else.
>> Yeah. Remember >> policy BEDH question from the board president. Policy BEDH in the final section says um priority should be given to speakers who have not
addressed the board publicly within the prior month. That is a clause in the final sentence priority second from last. So because we've extended it everyone can talk. Um, so then our next speaker is Debbie Ol. Hi, I'm Debbie Al and I'm a mom of two
students in D49. I care deeply about the well-being of every child in our school. I support affirming the policy of JBAA. My goal has always been to strengthen
the policy in a way that protects privacy, dignity, and safety for all students. Since speaking up, I've experienced targeting and personal challenges that I'm never
expected. But I don't regret standing up for what I believe is right for kids. Parents should be able to Excuse me. Sorry. [snorts] Parents should be able to raise concerns, offer solutions, [snorts] and
participate in policy discussions without fear of being misre misrepresented or targeted. [snorts] Healthy communities depend on respected dialogue even when we disagree. [snorts]
For many families, especially those raising girls, privacy and consent in intimate spaces are not political issues. They are basic matters of safety and dignity. We teach our daughters that their boundaries matter.
[snorts] And any policy we adopt should reflect that with compassion and clarity. I believe we can move forward in a way that protects every child's privacy, supports every family's voice, and [snorts] strengthens trust across our community. Thank you.
Our next speaker is Yolanda Edwards. My name is Yolanda Edwards. I Last time I was here, I had something prepared. This time I didn't. I sent y'all an email. I hope that at least three of you, Hyle, Liv,
Wright, Weathers, will respond to my email because there are some important questions in that email. And so it's on the record and everyone knows what those questions were, at least some of them. Um, let's see. Where can any and all girls go where
their consent will be honored and any boy who violates her consent is punished. Where is that space for our girls? One day a girl will fight off her attacker in that space.
Are you going to punish her? Are you going to paint her as a bully of trans people because she had to defend herself in that space? I want to know how exactly you plan to
protect the sexbased rights of girls without policy JBA. Where is their protection? It is required by law to have a space for girls. Where is their space?
You think bullying is bad in the boys' room for these boys who want to be in the girls' room? Oh, girls can get worse. Girls can get much worse. And I hope that they do to be honest because they deserve privacy,
dignity, and safety on the basis of sex. Do you remember? Do you remember Ruth Bader Ginsburg? She said on the basis of sex is what we deserve our rights for, not for gender identity. We don't have these weird
identities. No, it was on the basis of sex. >> Thank you. >> Our next speaker is Holly Bumbria. Sorry, you surprised me. Hi board. I'm Holly Bombria, mom to three D49 graduates and a homeowner in
the district. I know several of you personally. I was honored to be the volunteer coordinator for the Holly Wither School Board campaign and to get to know her much better. I know Holly's heart and her ethics. We are fortunate
to have Holly on this board. My politics and religion and history should not matter in this room. I want you to know who I am before I state my position on JBAA. I was born and raised in Colorado Springs and went to school in D11. Grew
up in a Republican family and Presbyterian churches. I am a charter member of the Village 7 Evangelical Presbyterian Church. I'm a Christian, but I identify as spiritual more than religious. I have extremely strong moral
and ethical compass. My church older daddy was a sterling guy, and when I'm at my best, I live up to his expectations. I got my love of all people from my gregarious daddy. I have a lot of love and hope for all
people. We must see one another's humanity. We must include. We are better together. Public schools are for everyone, all of the public. It should not be divided, not religious or political. Regarding JBAA,
gender is different from biological sex assigned at birth or sexual preference. A transgirl or woman would no more threaten a fellow girl or woman with a penis than I would as a cisgender female. Gender identity is a person's inter
internal sense of self. It is not being confused. It is being honest. Regarding JBAA, it is against protected classes in Colorado. It puts the district at legal risk. It puts trans kids at further risk
when they are already under attack in our country. Trans people are the bravest people I know. I urge the board to do away with this policy altogether. Thank you. >> Our next speaker is Tammy Herald.
>> Good evening board. My name is Tammy Herald. I'm a taxpayer and two of my children have graduated from D49. Tonight I'd like to speak on a variety of topics. The first one is your resolution on the COP funds. Um using
this excess COP fund as approved by the voters is helpful for staff. This is a one-time use for curriculum and technology honors. It honors the MLO ballot language and I want to thank the financial team and Rebecca Brooks for
presenting that option to you. I would also like you to encourage you to approve both of the charters. They give options that we are not able to provide for our students and I think that they have done well for
our district. The other topic I would like to talk about is JBAA. It was brought up tonight that the community needs to have a voice. So, I would like to present to you 282
paper signatures along with the information that there are 717 electronic signatures in support of District 49 being in compliance with state law and the protection of the bathroom for students that has been in
place for years and the evaluation on a case-byase basis that has served this district well for many years. One thing that I have seen here tonight which is so disappointing to me in this
community and that this policy has brought such a divide and hateful speech and actions. As I sat back there tonight, I saw people making comments, fingerpointing,
taking videos of other community members to insult them. I don't know why they were doing it, but it is not a good look for this community and it is definitely a poor example for our students. I would like to say why can't we do
better? Thank you. Our next speaker is Karen Stith. Yeah, >> Bill Oliver. >> Vixeria Aatam. >> Hello. Hi. How is everyone? I'm waiting for the
timer to start going down. Oh. Oh, cool. Cool. Thank you. Uh, my name is Vixeria Aratam. I am a transwoman, a member of the Democratic Socialists of America, and resident of Colorado Springs. I've been here before speaking on policy
JBAA, and I'm so incredibly happy to see a competent replacement for Lor's puppet. [snorts] The rational arguments against policy JBAA have been made and fell on deaf fascist ears. >> [snorts] >> If someone were to walk up here and suggest you reimplement colored
restrooms, would they not be booed off the stage? Lorie Thompson, Deb Schmidt, Jalyn Diavolas, and every Kirk cell in this room. We are the children of those you have burned. We are the fire you hold in your torch.
We will never go away. Find a hobby. Thank you. >> You're a man. >> Excuse me. I'm going to ask everyone to stop. I've asked up until now you all have been respectful in each other during each other's comments. Although it sounds like maybe there was some
disrespect between you individually. I'd ask you to please maintain that decorum. I didn't hear that reaction when anyone else spoke. We're now on to agenda item 5.1. Can I get a motion, please? I move to approve the resolution for the
one-time use of COP fund balance in the amount of 4.7 million. >> Second. >> It's been moved and seconded. Any comment? Seeing none, a vote, please. >> Hyle >> I. >> Levia Wright >> I.
>> Schmidt >> I. >> Thompson >> I. Withers. >> I >> motion carries. We're on to item 5.2, amended budget resolution. May I get a motion, please? >> I move to approve the 202526
amended budget appropriation resolution and beginning use resolution. >> Second. >> It's been moved and seconded. Any comment? Uh, so I heard something during uh, public comment that I thought was uh, worth addressing because somebody
characterized my words in a way that uh, I certainly don't recall saying. Um, where um, there was a comment about we found three and a half million in PPR the day after the exigency. Uh, Rebecca,
would you like to speak to that please? >> Absolutely. So, we definitely didn't find it. We we knew that there would be changes at the mid year, but we wanted to wait until it was all finalized. But a lot of things changed between when we brought this to you at the beginning of the year, first in May, and then final
approval in June. The biggest one of those was covering a huge deficit for the first half of the year before we were able to increase our insurance premiums. So that is the biggest chunk of what we would typically have to dig deeper into a fund balance we don't have
without that additional funding. So it was already factored in. We just had to wait for the exact final number. >> Thank you. That is what I recall the discussion being as well. >> Any further comment? >> Okay. Vote please.
>> Hy. >> I. >> Levia Wright >> I. >> Schmidt I. >> Thompson I. >> Withers >> I. Motion passes. We're on to 5.3. May I have a motion, please? >> I move to approve the renewal of power technical charter contract for an
additional five years. >> Second. >> Moved and seconded. Any comment? >> Vote, please. >> Hy. >> I. >> Levia Wright. >> I. >> Schmidt. >> I. >> Thompson. >> I. >> Withers. >> I.
>> Motion passes. We're on to item 5.4, Pioneer Tech Arts and Arts Academy. Can I get a motion, please? >> I move to approve the renewal of Pioneer Technology and Arts Academy charter contract for an additional 5 years. >> Second.
>> It's been moved and seconded. Any comment? Vote, please. >> Hy. >> Hi. >> Le Wright. >> I Schmidt I. >> Thompson I. >> Withers. >> I. >> Motion carries. We're on to 5.5 JB
access to sex segregated facilities. >> I move to repeal policy JBAA. >> I raise a question of priv privilege. Reserving my debate time, please, Lynette. >> And it sounds like we had two competing motions there.
I didn't hear. >> Did you hear? >> No, I heard a point. >> Deb said she wanted >> I think he spoke first, but whatever. Also Deb wasn't making a motion. >> No, I raised a question of privilege. That is a motion. >> So right. So what is your question?
>> Who? Me or Mike? You >> So according to Robert's rules, each member has the right to speak twice on the same question on the same day, but cannot make a second speech on the same question so long as any board member who has not spoken on that question desires
the floor. The standard is two rounds of debate. Our board has historically until the last meeting allowed the standard two rounds of debate. The presiding officer cannot close debate by simply calling the vote without a two-third
vote from the assembly wanting to close debate. This was done at the wrong at the last meeting. We would need a twothirds vote to limit debate to one round including calling the vote. So my question is, what is our plan? Are we going to just
do rounds and rounds until everyone's had an opportunity to say everything they wanted to say, or are we limited? I want to know the plan ahead of time because that impacts on what I have to say and how I say it. I plan to let you talk as long as you'd
like. I think we still need a second on the motion. No, we need a second. So, Mike made the motion to repeal the policy. Do we have a second? >> Second. What's discussion?
Lori. >> Um, you know, I was open to leaving the policy suspended while we obtain community input. I am also looking in I'm also open to looking into amending the policy to make the policy more legally defensible if that is truly the
concern. Under Colorado Civil Rights Protection, gender identity and gender expression are protected classes. Sex is also a protected class under Colorado civil rights. I feel like we are telling students and their parents
if you are concerned about sharing private spaces or who is there for you or your student that you are the problem for desiring privacy. Also under Colorado House Bill 23-1057 it specifically talks about how
non-gendered single occupancy bathrooms improves safety for transgendered students. It is my understanding under the Koi Matthysse decision, the only option that was given that student was the nurse's bathroom. They did not have a non-gendered single occupancy option
as is proposed in JBAA. If this issue would have come up when I was in high school, my dad would have spoken to the board. He would have done the same for my daughter as he was the ultimate girl dad. I miss him. We have received an allegation of a
violation of sunshine laws. This is a serious charge which should be looked into and I would like to know if policy JBAA was discussed in that closed group before a final vote is taken. I have also heard of a community member who was
allegedly targeted in that group. It is reprehensible that a parent who comes to speak at public forum is made a target for people who may not agree with her. Is that kindness? Is that valuing all
people? Is that our cultural compass? Or was that harassment of a parent with two kids in our schools? So you can have a difference opinion of opinion. But when you set out to target someone and their employment to make your point, how do we
know that their children are safe? I know that one of their teachers has been notified to keep an eye out because anyone who would try to target someone's employment, I don't know if they would stop at leaving their children alone. So when Marie talks about can we do better,
I want to know that we can do better. And I would like to know if that policy was discussed in a closed group in violation of sunshine laws. >> Further comment. >> So what am I commenting on?
>> Each of you is getting as much time as you would like. So please say what you would like to see. >> How is this going to work? Is it one round? Two rounds? What are we doing here? >> Should give you as much time as you need. >> Okay, I'm going to go for it then. >> So you can read your entire statement.
>> Thank you. So much has been said about the legal risk to policy JBAA. Just so everyone is aware and there is no mis misconception. If we vote to repeal policy JBA,
the legal risk is exactly the same as if we keep it. Either side can legitimately file a complaint against D49 regarding this issue. One side cannot justifiably claim that repealing or keeping this policy would minimize legal risk because
no matter what we do, there is risk on both sides. We may want to discuss just keeping the policy suspended. I don't think anyone can file a complaint over a policy that has been suspended. We would have to check with legal counsel, which I think we should do before we vote on
this policy. The highly cited Matthysse decision was about the case of a six-year-old who was identified as transgender at 18 months old by the parents. The case was decided
by a Colorado administrative hearing officer, not a traditional courtroom judge. Hearing officers act quasi judicially and can only recommend a decision that must be finalized by a judge. Matthysse did not reach the
federal appellet courts for a definitive ruling on transgender rights. Even the LGBT community recognizes that there is no definitive federal ruling. Also, there is no statewide mandate that eliminates girls only bathrooms. Title
federal title nine still permits sex segregated facilities if comparable. [clears throat] As of noon today and not including any comments tonight, there were 62 people who commented via email or in person to
keep andor revised policy JBA. As of noon today, and not including any comments tonight, there were 28 comments from people via email or in person who wanted to repeal JBAA. That poll comes out to 2 to1 in favor of
keeping or revising JBAA. The community is just starting to speak to us on this issue and some of us on this board are not listening. When the majority ignores the community, their nature seems to be teetering on activism. As board members,
we are supposed to be responsible people who listen to our community, not activists. There is also a petition going around out there that has 700 about 775 725 maybe I'll go 725 that no
comment from those this at this point. This is board commentary only and so you are witnesses to the board meeting which means shouting out is not appropriate behavior. Thank you. >> Thank you. >> So there's about 725 I'll go with also
that want to keep JBAA. So it looks like it's pretty fairly split, doesn't it? Maybe we should keep it. Maybe we should keep the suspension so that nobody on either side sues. Money spent on litigation, though, is not the only dollar hit we could take by
repealing this policy. Many community members will pull their children from our schools if we allow loose bathroom policies or practices and they disagree with them. Each student brings in a per pupil revenue from the state of about $11,000.
If 40 or 50 students are pulled by their parents because of repealing JBAA or continuing current practice, the district could very possibly lose about half a million dollars. Parents have choices, and half a million
dollars is nothing to sneeze at. In addition, 10% of D49's revenue is from federal funds, which could be withheld if we do not follow the enforced federal requirement. An executive order is an enforced federal
requirement. Also, Colorado law does not necessarily supersede federal law here. Federal preeemption could apply if a direct violation is proven. State laws may offer more rights. However, when in
direct conflict with enforced federal requirements, federal law prevails. Finally, if the district just follows the same transgender practice that we have had for the last decade, we should be responsible to our community and let
them know what that practice is. A lack of cander is unacceptable. Some families would be fine with it. Other families would be very upset to know what that practice is. No one is asking for names. Sharing names would be
illegal. But students and parents should know what the practice is. so they can make a for so they can be informed to make their own personal decisions surrounding facility use. What's good for the goose is good for the gander.
If we continue to use the practice that we have been using for the last decade, there will sometimes be students who use their bathroom of identity, not biological sex. Students and parents need to know this.
Lori. >> Yeah. I just wanted to read just excerpts from House Bill 23-1057 because a lot of people have talked about state law and like I said under Colorado civil rights uh definitions. We do have a contrast right here. Just a
few provisions. Experts from health providers to faith leaders, including the Occupational Safety and Health Administration, stress the need for single occupancy non-gendered restrooms. Also, using gendered facilities can pose
health and safety issues stemming from experience of harassment and physical threats in gendered facilities, regardless of which gendered facility they use or their physical presentation. Due to these experiences and associated
stigma, some people avoid using public restrooms whenever possible and may refrain from eating, drinking, or relieving themselves for extended periods of time in order to avoid gendered facilities. Delaying or avoiding using the restroom can have
physical health implications. So I also want to make a comment that I don't want to see any student bullied regardless of how they present regardless of their gender identity. Bullying is another violation of our cultural compass and I
have to include one more time that includes community members. Thank you >> Mike. So policy JBAA is in direct conflict with state constitution and state law. We had a reminder in this room a month
ago when two of our uh board members came and take the uh oath of office and that oath includes that we will follow the Colorado Constitution and the laws derived from it. And so it would also be a violation of our uh oath of office.
It's a violation of our fiduciary duty because it is designed just as policy JBA was to initiate a lawsuit that would lose all the way up to the Supreme Court with the idea of changing Colorado law.
Now, if you don't agree with this law, there are other means to address that. you can advocate, you can vote, but um to do that on the backs of our students when we've already heard from some of them today talking about programs that
they are losing because we don't have the financial resources to fund them. Um that is just wrong. Uh if you want to, you know, have your own lawsuits and pay for them, I welcome you to do so, but you should not be doing it on public
funds. Um, and it's a violation of common sense. Uh, I mentioned at the last meeting a boy who um had a simple typo clerical error on his original birth certificate, lives in Mesa,
Arizona. He got yanked off the boys basketball team. He's an eighth grader. Under policy JBAA, he would have full access to all of our girls bathrooms and locker rooms. That is just a violation of common
sense. We can do better. Um, regarding the uh the petitions that were mentioned here before, uh, before um, this got started, I checked the the running tallies and I saw a combined 781
signatures on a petition that is not at all clear that it is in support of JBAA. In fact, you can read multiple passages from that and come up with a very different interpretation that some of those passages seem to be arguing
against JBAA. And by the way, that's not just my interpretation. Christy Davis and I agree on very little, but she was notifying people saying, "Please don't sign this because it does it is not supportive of JBAA." On the other side
of the ledger, so there were 781 signatures total at the time. I I took account there are 983 combined signatures on an electronic and a paper um uh petition that very clearly state
on their title that they support the repeal of JBAA. So I think we've surveyed the community and we've got an answer there. Um, so, um, another comment I keep hearing over and over and over again is that
there's not separate bathrooms for girls and boys. And I cannot emphasize this enough. Yes, there are. And they are clearly marked. I've been in our buildings and I've seen them and I've even used the appropriate ones. And I
got to tell you, if a parent has identified their kid as trans, and that kid wants to have access to the bathroom that matches their identity, we're talking about a very, very, very
small percentage of our students, most of whom prefer to use the private bathroom anyway, which we can give them that option, but we cannot require it. that would be a violation of not only the state uh statutes but the 14th amendment.
So, we keep hearing from our students over and over again, we don't care who's in the bathroom. We've got five minutes of passing and we just we just want to use the bathroom and leave. Um and then
uh just to address the comment about um uh jeopardy with federal law, that no longer applies. the uh the federal um the federal guidance, the executive order and the accompanying um dear
colleague letter were challenged in court. They lost and there was an injunction on them uh any further uh activity with them. We just read within the last week or so that the federal government has dropped its appeal. So,
the ruling holds and the uh the executive order has no force. >> I'm sorry. You're going to have to prove that. >> You can look it up on the internet. >> Um
Holly, let's Do you have something? We've had Everybody else has gone more than once. >> Sure. Um, so my my standing on it being uninforcable is solely based on how this is written. And from what I gather on
both sides is that we aren't even in agreeance of interpreting Title 9. So right there is where the problem is. Now I think it's super commendable that both sides are collecting these petitions and this level of activism, I agree, does
not belong here. It needs to be ran up the flag pole at the state level. Uh we should not be a test case. My other question, because I obviously wasn't on the board last year, but why why now? Like why was this brought up now? If
there's been a system that's been in place for 12, 13 years and all of a sudden it's a problem and how many like credible incidents has this district even had to warrant a change? Like that
that's a genuine question. I want to know and that's where I'm at. >> Lori, first of all, I just want to address a couple of things. Uh, Director Hy misrepresented what a lot of our student board has said. quoted two, I think,
that said that they didn't care, but we've heard from several of our other student board members who did care. And so to totally dismiss them and to mischaracterize the entire student board, I think is um inaccurate. Um
number two, it was uh uh director Hy stated that it's in the Kota constitution apparently that you cannot have sex segregated facilities, which I was not aware of. Um, so I don't want to confuse the Colorado Constitution with civil rights protection. Um, we have had
incidents in our district. We have had complaints from parents in our districts. And by the way, the 14th amendment has also been used to uphold a parents right to educate and raise their children as they see fit. So, you know, to throw out like we're all constitutional lawyers, we are not. And
that's why we get additional input. Also, we did not receive legal advice not to move JBAA forward. We received legal advice on the regulations to take our time with the regulations, but we have had complaints in this district
with the bathroom issue and how it's been handled. And like I had brought up before, there was a gender fluid student in one of our schools who would come to school as a boy. And when he came to school as a boy, he wanted people to remember his male name. and he would use the male restroom. When he came to
school as a girl, um then they wanted to be addressed by their female name and they used the female facility. So I if we've had this practice in place since 2013, then I would like to request that we get a copy of whatever this has been
because apparently I know that there are allegedly 72 different gender identities. I'd like to know how that practice addresses every different gender identity and what we've done or has it been as one proposed amendment was to deal with it on a case-bycase
basis. You two student Ganon or Emma would you like to speak? >> Yeah. Um, I personally feel that JBAA um does a good job at prioritizing
safety. I feel that um it really just it puts sa the safety first and it then gives options if um someone feels uncomfortable in the situations that they're in. I feel G JBA has the ability to be really good if it's enforced well.
If we have those private um oneperson bathrooms, it goes both ways. It's not if just a trans student feels uncomfortable. If um some if a straight and not I don't know what the word is. I'm sorry. If a cis um student also
feels uncomfortable, they are also welcome to use the bathroom. It's just I feel that it just benefits overall and just really focuses on safety first, which is what we should be focused on, I think, as a district, just to keep everyone safe and then then try to
really accommodate for everyone's needs. Um, I think for me what what frightens me about JBAA is just the requirement of um of it all. You know, like as a student who's been in the district for 12 13 years of my life since I did
preschool here. Um, I mean, I have never had an issue in in the restrooms. And I mean, I am in these schools 5 days a week and I have been for the past 13 years. Um, and as a student who's taken the time to find
those like leadership positions and ask the questions and look into the safety and um, be involved in my school, this is not something that I've noticed like high priority. Honestly, the students in my class are are worried about our lunch
at school, you know, and and it seems like such a silly thing, but is is JBA focusing on truly the issues of the students? like it's it it's nice to see the community so involved in in what's
happening in the school and um paying attention to what our what our students are doing, but is it truly an issue happening within the schools is is kind of my concern. Um and honestly, I see both sides. I see the positives and the negatives of both sides. But for me, I
think it's just um all of the like accommodations are already available. So if I felt uncomfortable using the the women's restroom currently, then I could use any of our single stall restrooms and those are available and they have
been since I've been an elementary school student. And I think that those things um I mean I've been raised with great admin honestly um but I think that those things are communicated well already and maybe um if we don't go through with JBAA we just kind of
encourage our admin to um make th those accommodations known because I think that that could also be an issue is like hey are these available and easily available um but just setting the limitations on things that's the only
issue. I see when when the accommodations are already available >> further comment >> it isn't regarding JBAA sort of but I did move to task the superintendent to create a survey to get the viewpoints of students parents and staff we can have
all the competing petitions out there that we want but the students parents and staff staff are the ones that have to live with whatever decision is made. We need to know what they think. That's the community I want to ask. And I did move for that. So whenever that fits
into the agenda, let's go. >> Well, and you can't add specific. I mean that would be a tasking but either way at a special meeting you need a photo of five to add anything. Is there further comment? Yes. >> Well just to ask Deb like what I guess
what's the plan after you collect that data or you know what what do you hope to do with it is kind of what I want to know. Well, actually, I would prefer to just suspend JBAA until we hear from the students,
the parents, and the staff. That's what I want to get is what those people think. If they say, "Go ahead, we don't want JBAA," then that's what it is.
Mike. >> So that's essentially what I've been doing for the last 10 months is hearing from the community, hearing from the parents, hearing from the students. Um, so, uh, I think at some point we need to show leadership and give our, um,
especially our staff clarity because we communicated to them that this policy was in existence in September and they we run the risk that they will um, you know, make an independent decision that violates a student's rights. they get
sued and since it's not covered by policy, they're kind of on their own. So, we owe it to them to give them clarity on this. And um I mean, how much longer can we kick the can? >> Emma,
>> sorry. Um the the other thing that does worry me about JBAA is is it enforced all the time? Because I'm a student who practically lives at my school. I'm there until 4:30, I could be there until 9:00 at night. Um, and in reality, if if
I walk in the restroom and there is a transgender student in the restroom with me, that's not going to worry me until something happens. And that could happen if I was in the restroom with another female student as well, you know, and if something happened, that's when I go to
my admin and I'm like, "Hey, this happened." And I would hope that it would be handled the same exact way either way, you know. I would hope that action would be taken on whatever that incident was. Um, but like if I'm if I'm at school, let's say I'm I'm there for
theater, I'm expected to follow JBAA policies. But if the community members are there for let's say a volleyball game starting at 5:00, they don't have to follow JBAA because it's an afterchool activity. But theater, you
know, I'm still an inschool activity. Lori, when we had the discussion about this last time, it was made crystal clear that we're not going to be doing genital checking. That's been brought up several times. And so good faith measure the way it's always been I guess
enforced was the discussion and um so that was discussed and actually it did apply to afterchool activities but there were going to be exceptions in the in the uh regulations because it was brought up when we have a visiting team
typically if it's a boys uh football team they will use their their locker room and the opposing team would use the girls locker room or if it's a girls event they would use their traditional locker room and the visiting team would use the alternative uh locker room so
that was being discussed as a part of the uh regulations but they're really good valid questions and so I think what we're hearing tonight which was tried to brought up later is could we you know there was a discussion of should we suspend it and gather more information
and then right now what we have on the table is a motion to repeal and so I think that's what we're discussing at this moment. >> What about my motion from two items ago? >> It was never seconded. Uh it was an
improper motion when you made it before. It was never seconded this time. >> Right. The motion on the table right now is the motion to repeal. That was the one moved and seconded. Well, we would I would like to have a motion to suspend to keep it suspended
because nobody can sue when it's suspended as far as I know. We'll have to check with the lawyer. We need to check with the lawyer. We still need to ask the students who protects the privacy and modesty of some of these girls that aren't comfortable.
I think we need to keep it suspended and find out more information. >> Yeah. So if it's suspended or it's repealed, it has the same effect. >> Lori, I still question whether or not we're we're following the policy as it was written in clear language. Like I
said, all of us didn't hear the legal advice, but when I read the clear language in policy BG, it said it has to be repealed the same way it was passed. And that's why I'm also in favor of suspending it until we can get more legal advice from our attorney.
>> That is true. >> It was pa it was discussed at a regular meeting and then passed at a the subsequent special meeting September 11th and September 23rd. Um this is actually the exact same process with the sole exception that there was an open forum tonight. There was not at the
special meeting where the policy was put in place. Um so that's actually the sole difference and because it's so it and then in October at work session we discussed the um the
regulation. So those are the pieces. >> The point I guess I was making was suspend versus repeal. At the previous meeting it was suspend now it's repeal. And the repeal language in policy BG at the very end just says if it is repealed
it will follow the same process. And it wasn't just two meetings because it shows suspend as a different procedure than repeal. Count it as the reading just as it does for any other emergency adoption or emergency repeal when there is legal
question. Um, so which we do often when the legislature has an action, but in this case is because a policy was put in place that violated and it's not the the Matthysse decision is a state decision. It didn't go through federal court
because it was based on the Colorado Anti-Discrimination Act, which is a Colorado law, which means therefore it goes under Colorado OCR, um, which every school district in the state of Colorado has followed since 2013.
Um, so there's and our district, um, and there were emails back in September about this from the attorney pointed out that we had the most respectful policy and approach for parents in the state. Um, that was still
compliant with Matthysse. U, that's probably that's way back in September. I think it was a oneliner response from Brad at one point when this um was rearing its head. might have been in August before there was a policy. Deb
Lor's point is we voted after two meetings to suspend the policy >> after one after one >> meeting. Well, anyway, >> we suspended it last meeting.
We need two meetings to repeal and I think we might need twothirds vote. I don't know. I'll have to look that up. This is one meeting to repeal, not two. And it says in BG that you have to repeal it the way you adopted it.
>> And we adopted it. We adopted it in two meetings. >> We voted to suspend with an I to repeal. We all came into this meeting with the understanding that we would repeal. The language that's been out in the
community has been talking about a repeal. The only thing you're talking about here is a typo in the um agenda on a recommended action. We are not beholden to recommended actions. We are
a board and we can make decisions and we can lead. And so there's there's a motion on the table and I'm ready to vote. >> Speaking from the crowd, that is inappropriate from the board. Lori.
Oh, just a quick clarification for the crowd. We used to have the attorney up here to answer questions like that. Um, because of the fiscal exigency, the legal contract was renegotiated where the attorney is no longer present at our meetings. So, when you hear us, like
I've heard Mr. Miller be quoted so much for a man who isn't here, but that's why we were just asking for further clarification if we're doing this. Marie says that it was set at an agenda setting, but the entire board was not made aware of that. So, there was confusion with what is in the cover
sheet and what the proposed action was. You're not wrong that you can modify a proposed action. So, the only thing I'm requesting is that we keep it suspended until we can get more of that information. >> Does anybody have any more comments?
I'd like to follow policy BG on repealing the policy. Any further comment? Are we ready to vote on the motion on the table? >> I just have a question. If we find out for any reason that the process did not
follow that policy, then could it be redressed at a later time? I can look into it. I had the I actually prior to responding to you before the January 8th meeting, I ran my response by Brad and had him confirm my response
was correct. Um, >> so at this point, let's vote. >> What did you order? >> I move to possibly amend that in order to make sure that we're doing it right, that we're taking the time to do it right. you know, if we find out we're
doing it wrong and you say we can't change it, that don't work so good. We should put that into the policy as a I don't know what the word is for it, as a as a buffer to say, you know, if we're
wrong, we can amend it. We can take it out. We can suspend it instead of repealing it. >> I'm confused. Are you making a motion to amend? >> Well, you know, I made a motion earlier and nothing happened with that.
>> Um, >> I'm >> That's fine. >> Yeah, I think we should amend it. I think we should amend it to >> motion >> to include Let me write it down. >> [clears throat] >> I move to amend policy JBAA to include
proi provisions to suspend to suspend should legal counsel find we have done this wrong. >> Point of order. The motion on the table is to repeal. You can amend that motion.
Otherwise, we need to vote on that motion before we can entertain any further emotions. >> And we can >> excuse me. >> Comment from the public is not appropriate during board discussion.
You're a mess. I move to [clears throat] >> Brad can actually or I'm sorry, Peter is going to help you with this. So once you have a main motion on the floor, which you do, the motion to
appeal, then the only superseding action that the board may take other than a point of privilege or a point of order, is to amend the main motion. Amending the policy would be a new main motion and it would be in order
but it would not be in order at a special meeting because the agenda set for a special meeting requires it is constrained in ways that regular meetings are not constrained. So you may move forward with the main motion, you
may amend it, but you may not introduce a new main motion that is that is a departure from the agenda. Can you make a motion to table it? >> Yes. Motions motions to table are are in order. >> So I would I would like to make a motion
to table this at this time until we can get clarity on the process from our legal counsel. >> Second. >> Any discussion? So we're now Again,
I still think we need to ask our students, our parents, and our staff. So, I will go with the motion with the motion to table it. Any other comment?
So, right now, we're going to call the vote on this. This, if you vote yes, you're saying yes, table this to have on another meeting. If you say no, then we move back to the main motion. Can I have a vote, please? >> Hy, >> no. >> Levier Wright, >> no. >> Schmidt,
>> yes. Table it. >> Thompson, >> yes. >> Withers, >> no. >> Now we're back to the main motion, which is to repeal the policy. Is everyone ready to vote on that? Any further comment?
>> Then we'll have the vote, please. >> Hy. >> I. >> Livia Wright. I >> Schmidt. >> Absolutely not. >> Thompson. >> No. >> Withers. >> I carries. [applause]
>> Our meeting is now adjourned at 8:19.