DENVER–The Tenth Circuit Court of Appeals earlier this month heard oral arguments in a lawsuit brought against Jefferson County Public Schools for rooming an 11-year-old girl in the same bed as a biological boy during an overnight trip. Plaintiffs’ lawyers told the court that school leaders told the girl to lie to her parents about the reasoning behind her distress while staying with the transgender student.
As previously reported by Complete Colorado, the daughter of Joe and Serena Wailes went on a school trip to Philadelphia and Washing D.C. upon finishing the fifth grade. While on the trip, she was assigned the same room and bed as a biological boy who identified as a female.
School officials had assured parents that boys and girls would be roomed on separate floors during the trip, but school policy states that room accommodations can be determined based on preferred gender.
Growing uncomfortable sharing the bed, the girl called her mother, who had accompanied her on the trip, who in turn called a chaperone to inform the school of the situation. According to lawyers for the family, the chaperone told the girl to go back to the same room, switch beds, and lie to her parents about the reasons.
“They ended up telling her to go back and stay in the same room, but move beds,” senior counsel at Alliance Defending Freedom (ADF), Noal Sterett, told Complete Colorado, “But they told her to say she needed to be closer to the air conditioner.”
The attempt at obfuscation failed when Serena Wailes stepped in to ensure the boy was moved out of her daughter’s room.
“It was this effort to come up with a false story as to why that situation needed to be changed,” Sterett said, “parents have a right to be involved in the consequential decisions schools are making about their child’s care.”
While ADF attorneys are hammering at this point, a federal district court denied the original lawsuit, saying parental decision-making authority does not extend to school policy. ADF brought the parent’s case to the appeals court, arguing the policy violates the Free Exercise Clause, bodily privacy, and parental rights.
The Jefferson County school district has come under fire with this case as multiple families have since signed on to the lawsuit. In addition, the Trump administration has launched a investigation on the school district after the U.S. Department of Education ruled the district guilty of violating Title VII in March.
“The district refuses to give parents truthful, pertinent information about their children’s overnight accommodations, hampering parents’ ability to make informed decision about their children’s education and privacy,” ADF’s pre-hearing release read.
The Tenth Circuit will decide the case in the coming months.

