The Montezuma-Cortez School District is contemplating removing sexual orientation and gender identity from its nondiscrimination policy after new guidance on Title IX and other executive orders from President Donald Trump.
The RE-1 Board of Education on May 20 held the first reading of policy changes, including a revised non-discrimination and equal opportunity policy, and started a discussion among board members and the community. The board will revisit the proposals on June 24.
Board member Mike Lynch raised the question whether the U.S. government could remove funding from schools if they include “protected classes like sexual orientation, gender expression or gender identity” in their nondiscrimination policies.
It’s a scenario that played out in Maine.
In April, the U.S. Department of Agriculture restricted funds for Maine’s school lunch program because the state allowed transgender students on sports teams. The U.S. government held that the Maine Department of Education decision violated Title IX because it allowed transgender female athletes to participate in girls’ sports and “occupy women-only intimate spaces” and infringed on the rights of female athletes.
The administration argued that Trump’s Executive Order Keeping Men out of Women’s Sports aligned with U.S. policy consistent with Title IX “to protect female student athletes from having “to compete with or against or to appear unclothed before males.”
In May, the USDA agreed to refrain from freezing funds to Maine, and Maine agreed to dismiss its lawsuit.
A point of confusion about the Montezuma-Cortez proposals came in the policy’s definitions of protected groups. One part of the policy protects “race, color, and national origin,” and another, the section on harassment, further lists “race, creed, color, sex, marital status, natural origin, religion, ancestry and the need for special ed services.” References to “sexual orientation, gender identity or expression” were removed.
Resident MB McAfee expressed confusion, stating the policy at one point protects “race, color, and national origin,” and another, the section on harassment, further lists “race, creed, color, sex, marital status, natural origin, religion, ancestry and the need for special ed services.” References to “sexual orientation, gender identity or expression” were removed.
She criticized the removal of sexual orientation and gender identity, calling it an attempt to “scrub DEI from your policies,” and urged the board to ask their legal counsel about it.
According to an article published by Chalkbeat, board Vice President Ed Rice stated by email that the policy’s opening sentence “answers everything.”
That sentence appears to propose to protect all students.
“The Board is committed to providing a learning and work environment where all members of the school community are treated with dignity and respect,” it states. The current version of the policy says “safe learning and work environment” but the revision takes out the word “safe.”
On an side note, Lynch relayed that a member of the policy committee contended that the district practiced discrimination between races, specifically by offering scholarships and tutoring to Indigenous students. He clarified this is a “purposeful and approved form” that some might consider discrimination, but is in fact permissible by federal rules.
Though this may be seen as discrimination by some, Lynch added that, right now, it is protected by federal rules.
“Please don’t think this is discrimination because it’s been approved,” Lynch said.
The Chalkbeat article further states that Lynch and Superintendent Tom Burris, along with two others, signed a letter that urged the Colorado High School Activities Association to restrict transgender athlete’s participation in sports.
Right now, the proposed nondiscrimination policy revision would replace policy language that promises a “safe learning and work environment” and omitting the work “safe.”
Chalkbeat reported that Lynch said the term “sexual orientation” will not be restored to the revised policy. The policy committee was composed of two district staff, two community leaders and one teacher, but the names of the committee members has not been revealed.
The district isn’t the only one feeling pressure to revise their policies in accordance with changing federal guidelines. Two districts near Colorado Springs – Woodland Park RE-2 and District 49 – have also reportedly begun working to change their policies.
