Complete Colorado

CHSAA settlement protects biological sex-based sports policies

DENVER–Several Colorado school districts have reached a settlement with the Colorado High School Activities Association (CHSAA) around transgender participation in school-organized sports. While the schools are now allowed to maintain their biological sex-based policies without fear of penalization from CHSAA, litigation will continue against the state.   

As previously reported by Complete Colorado, four school district and four individual public and charter schools in June filed a lawsuit challenging CHSAA bylaws and the state’s Ant-Discrimination Act, requiring schools to allow students to participate in athletics based on their gender identity.  

The lawsuit originally named CHSAA, Colorado Attorney General Phil Weiser, and the Colorado Civil Rights Division as defendants.  As a result of the settlement, CHSAA will be dropped from the lawsuit.   

In May, numerous school district officials signed a letter asking CHSAA to change their bylaws to comply with the Trump administrations Executive Order 14201 (February 5, 2025).  

The Executive Order promises to “rescind all funds from educational programs that deprive women and girls of fair athletic opportunities, which results in the endangerment, humiliation, and silencing of women and girls and deprives them of privacy.” CHSAA declined to take action on the issue resulting in the litigation.  

Multiple Colorado school districts have adopted policies to recognize inherent differences between males and females and bar boys from competing in girls’ sports. Districts including Montezuma-Cortez and Falcon 49 (D-49), also passed these policies to prohibit boys from lodging in hotel rooms with female athletes and entering female locker rooms.  

A settlement was reached on Dec. 4, allowing the schools in questions to participate in CHSAA events without the sports organizing agency penalizing them for enforcing their biological sex-based policies. Schools may also make statements about biological differences between boys and girls and forfeit competition against a team with a transgender athlete without fear of being penalized.  

In return, the plaintiff school districts will pay CHSAA $60,000 for legal fees and operation costs.  

D-49 Superintendent, Peter Hilt, told radio host Mandy Connell that this settlement was a huge win in an 850 KOA interview 

“We want to be protected when we protect our athletes,” Hilt said, “That’s why this settlement was so important, and it was worth driving hard because this protects teams that are playing right now, and this will obviously protect athletes and coaches in the future.” 

While the plaintiff schools will not be sanctioned for the states transgender policies, Hilt said he believes this settlement will apply to all Colorado school districts,  

“We genuinely believe this applies across the state to 178 districts and all the schools that they [CHSAA] operate.” 

According to a D-49 press release, the schools plan to continue litigation against State Attorney General Phil Weiser and the Colorado Civil Rights Division to uphold Title IX and extend the agreement to all Colorado schools.    

“We will proceed because we really need our day in federal court,” Hilt said, “we really want to seek clarity for Colorado and for the country.” 

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