By Deb Risden
The El Paso County School District 49 Board of Education held its monthly meeting July 10. All board members were present; Marie LaVere-Wright participated via phone.
Superintendent’s update
Peter Hilts, superintendent, said that Dr. Corey DeFelice has been hired as principal of Skyview Middle School. He said the candidates for the position were of high quality.
Schmidt and Kohls vs. D 49 decided in July
An article in The Gazette on July 17 stated that a verdict had been reached in the federal lawsuit filed by Deb Schmidt and Kelly Kohls against D 49. A jury for the U.S. District Court for Colorado unanimously determined that Schmidt and Kohls had been denied their First Amendment rights when they were removed from a February 2023 board meeting for holding up signs calling for the resignations of three board members. Then board president John Graham instructed the two to put down their signs or leave the meeting. According to The Gazette, “Graham had taken actions against Schmidt and Kohls based upon the viewpoints expressed on their signs, that he had deprived them of their First Amendment rights, and that this deprivation stemmed from a board policy or practice.”
The jury assigned $2,000 in nominal damages against D 49 and $2,500 against Graham.
Hilts stated in a quote to The Gazette, “We consider this outcome an opportunity to learn more about how we can better support the board president’s responsibility to maintain order while also preserving constituents’ rights to express themselves.”
Board update
Lori Thompson, president, attended a webinar on the Declaration of Independence and the U.S. Constitution with a guest panel that included professors and college students. She will be attending the Teacher Freedom Summit in Washington D.C. in July.
Mike Heil, treasurer, will be participating in a panel conducted by a group providing youth advocacy training. He said the purpose of the panel is to help teach students about school boards and why they matter. Students from D 49, Harrison School District 2 and Colorado Springs School District 11 will be attending.
Action items
The BOE unanimously approved the following:
- Waypoints Student Rights and Responsibilities Handbook, as amended
- Honor Charter School (a Marzano Academy) charter application, with a projected opening of August 2027 for grades K-5, increasing to K-8 over three years
- BOE resolution regarding separate data accounting for alternate education campuses for submission to Colorado Association of School Boards
- Resolution calling for nominations for school board director candidates
- Resolution providing official notice of intent to participate in the coordinated election and appointment of designated elected board of education officials; Lanette DePaul to serve as school district-designated election official and Kari Frederick to serve as the deputy designated election official for the 2025 regular biennial school election
Passed by majority vote of 4-1
Policy JICJ: Student Use of Cell Phones and Other Personal Electronic Devices
Discussion items
Hilts presented a job description for coordinator of charter school relations. Hilts said more than 50% of D 49 is made up of charter schools; this leadership position was previously fulfilled by multiple people as part of their roles. He said those roles have been eliminated and the district employee currently filling the role would be assigned this new position, reporting to the district superintendent. Hilts said the salary increase is covered by reductions in administrative roles that have taken place. The BOE moved the job description forward for a vote at the next meeting.
Amy Attwood, contract lobbyist for D 49, provided an update on the Colorado legislative session that concluded May 7. She said the new school finance formula was approved — the first in 30 years. Attwood said the priority has shifted to reforming the entire funding system to better support special needs and at-risk students. She said a major challenge related to the bill is the additional annual cost of $500 million that will be incurred by the time it is fully implemented. “To help defray the cost of $500 million, lawmakers added The Kids Matter Account, which is funded by a small portion of state income taxes, generating an estimated $230 million directed specifically for K-12 funding,” Attwood said.
She said the final School Finance Act for this year increases per-pupil funding by $195 each year; extends the phase-in of the new formula to six years; and maintains a four-year enrollment on average for this year, shifting to three-years on average next year.
Attwood said there were more than 70 education bills introduced in this legislative session in an effort to respect local control. “Some offer guidance rather than mandates,” Attwood said. She then defined the following bills: Senate Bill 63 establishes guidelines for school districts regarding book removal requests; House Bill 1192 allows financial literacy integration into existing curricula; and HB 1135 mandates that districts establish policies regarding cell phone usage. Attwood said one of the major policies that passed was HB 1278, which focuses on targeted reforms such as enhancing state tests for students with disabilities, eliminating the SAT writing section mandate, intervening earlier with underperforming districts and adjusting accreditation criteria. “Peter Hilts helped shape the legislation with the feedback he provided the Accountability Task Force,” Attwood said.
The next regular meeting of the BOE is Aug. 14 at 6:30 p.m. in the Peakview Hall at the Creekside Success Center in Colorado Springs.



