Lawsuit Challenges Jefferson County Public Schools Over Gender Identity Policies on School Trips

A federal lawsuit has been filed against Jefferson County Public Schools (JCPS) in Colorado, alleging violations of parental rights and student privacy due to the district’s policies regarding gender identity accommodations on school-sponsored trips. The lawsuit, filed by the Alliance Defending Freedom (ADF) on behalf of three families, accuses JCPS of failing to provide transparent information to parents about the supervision and accommodation arrangements for their children, leading to situations that have raised serious privacy concerns.

At the heart of the controversy is the district’s policy of assigning students to overnight accommodations based on gender identity rather than biological sex. Official JCPS communications state that “girls will be roomed together on one floor, and boys together on a different floor.” However, according to the lawsuit, JCPS has redefined “girl” and “boy” to align with the gender identities of the students rather than their biological sex, a practice that the families involved in the lawsuit argue violates their rights as parents.

One of the incidents cited in the lawsuit involved Joe and Serena Wailes, whose 11-year-old daughter was forced to share a bed with a boy who identifies as a girl during a school trip to Philadelphia and Washington, D.C. The Wailes were not informed of this arrangement in advance, and requests to opt out of such accommodations were denied by JCPS. Another family, Bret and Susanne Roller, discovered that a nonbinary female school counselor supervised their son’s shower facilities during a camping trip, contradicting the district’s initial assurances regarding supervision. These incidents, among others, form the basis of the lawsuit.

ADF Senior Counsel Kate Anderson emphasized the importance of parental rights in making decisions about their children’s privacy and safety, noting that the district’s lack of transparency prevents parents from making informed choices. “Parents, not the government, have the right and duty to direct the upbringing and education of their children, and that includes making informed decisions to protect their child’s privacy,” Anderson said.

The lawsuit, Wailes v. Jefferson County Public Schools, was filed in the U.S. District Court for the District of Colorado. JCPS has responded, stating that they are still investigating the claims and were only recently informed of the incidents. The district added that its policies aim to support trans-identified and nonbinary students while promoting healthy communication between educators and parents to ensure the well-being of all students. However, the ADF continues to urge the district to allow parents the option to opt their children out of these policies, citing ongoing concerns from multiple families.

As the lawsuit progresses, it highlights the broader debate over the balance between parental rights, student privacy, and the inclusion of transgender and nonbinary students in school policies and programs.