El Paso County Colorado District 49

D 49 requires parental consent for chosen name policy (HB 24-1039)

By Deb Risden

In April 2024, House Bill 24-1039 was signed into law in Colorado. The law states the following: 

“A public school employee, educator, and contractor as defined in section 22-1-143 shall address a student by the student’s chosen name and use the student’s chosen name in school and during extracurricular activities. Unless done at a student’s request, knowingly or intentionally using a name other than the student’s chosen name or the knowing or intentional avoidance or refusal to use a student’s chosen name is discriminatory.”

Ollie Glessner, communications and advocacy director of Inside Out Youth Services, said the law was created to honor LGBTQ+ students’ chosen names. “Youth who change their name for gender reasons don’t always get respect from school staff,” Glessner said. “Some teachers might use a student’s chosen name, and some may not. Using someone’s chosen name tells them I see, value and respect you. If a student is not shown that, it can interfere with mental health.” 

The law requires a written policy outlining how a school will honor a student’s request, but it does not provide guidelines on how to do it. 

On Nov. 14, School District 49’s Board of Education implemented a policy to address HB 24-1039. The policy requires parental or guardian consent to allow a student to be called by a chosen name. 

Lori Thompson, D 49 BOE president, said, “District 49 values parental rights. We also desire that our students be treated with dignity and respect. Our policy requires parental notification and approval for non-legal (chosen) name changes. We do not withhold pertinent information from our parents or guardians.”

Glessner said, “D 49’s policy is the most harmful policy we have seen.

“Only 40% of LGBTQIA+ youth feel home is an affirming space for them. For some, school is the only place they can be themselves. It might not be safe at home and could cause harm. It’s up to the student to come out to their family and tell them who they are.”

D 49’s policy allows for conscience-based objections by any teacher or staff member. “The law says you must use it (student’s chosen name). Anyone can say I have an objection to this and I don’t want to do it,” Glessner said. The D 49 policy suggests alternatively calling the student by their last name. 

Glessner said it’s important to let the student control the process. “Allowing a student to decide who, where and when they come out to is important,” she said. “Their lives are not always supportive. When we allow them to take charge of their choices, we empower them to make better choices later.” Glessner said that transgender youth have the highest incidents of suicide because of family rejection. “We try to prevent suicide by preventing discrimination and pain points that can lead to negative health outcomes,” she said.

The D 49 policy is an administrative burden the way the policy is written, Glessner said. “Teachers are overtaxed with a lot on their plates. They are going to have to get parent consent any time someone wants to use another name. If Michael wants to be called Mike, they have to get parental consent.”

D 49’s policy states that if the legislation should be found unconstitutional, the policy would be null and void. Thompson said, “This caveat was added as several directors felt that HB24-1039 could become an issue of compelled speech.” 

In January, a federal court judge in Tennessee vacated the Title IX Final Rule because they found it unconstitutional. The Title IX Final Rule broadened Title IX protections to include gender identity as prohibited discrimination. 

“Recent state and federal rulings over the proposed changes to Title IX by the Biden Administration have been ruled unconstitutional,” Thompson said. “As a district, we did not change our Title IX procedures when the changes first came out. Recent court rulings could impact our ACA (name change) policy due to the caveat we put in place. We are working through these controversial subjects with our legal counsel.”

The D 49 policy

A. If a student requests to use a name at school that is not the name in their official school records, then all parents or legal guardians on file will be informed and asked for consent for their child to use another name. Students must have parental approval for non-legal name changes. If all listed parents or legal guardians consent to the non-legal name change, then the change will be permitted, and staff will use the name when addressing the student.

Definitions

“Chosen Name,” as defined in Colorado law, is any name a student requests to be known as that differs from the student’s legal name, to reflect the student’s gender identity.

“Legal Name” is an individual’s legal name as it appears on official government documents such as licenses, passports, and birth certificate.

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Deb Risden

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