By Jackie Burhans
The Monument Academy (MA) board held a special meeting June 27, after the publication deadline for the July issue of Our Community News, on navigating gender issues. The Town Hall was attended by all seated board members except for outgoing board member Michael Geers. Also in attendance were the interim Chief Operating Officer Kim McClelland and MA’s legal counsel Brad Miller.
The community Town Hall was attended by around 200 parents, teachers, administrators, and community members, many of whom spoke on the matter. State Rep. Don Wilson, R-Monument, was in attendance along with former Rep. Tim Geitner. The meeting ended with the unanimous adoption of a resolution regarding the privacy and protection of students.
Background and legal counsel
Board President Ryan Graham began the meeting by providing context and background, noting that the board and administration had been hearing from many of its constituents about the use of sex-specific common bathrooms and locker rooms by students who want to identify with or express a gender that does not correlate with their biological sex. Graham noted that these students are ostensibly protected by Colorado law, specifically SB08-200 and HB21-1108. For more information on these bills, see https://bit.ly/sb08-2008 and https://leg.colorado.gov/bills/hb21-1108.
He noted that the state mandates that every traditional and charter school must not discriminate and must let students use the bathroom and locker room that aligns with their gender expression or identity. Many schools, he said, have capitulated to the cancel culture mob that seeks to silence and destroy them. MA, he said, proposed this Town Hall so parents could learn what their rights are and understand what MA is doing to protect parental rights and all students. Tonight’s Town Hall, he said, was not about inciting hatred or harm against any student. MA is not here to wage war against children but to push back firmly within legal limits on those who have set their sights on coming after our children, he said.
Miller, MA’s longtime legal counsel, noted that he has been one of MA’s lawyers for 15 years and that his mother-in-law’s name is on the library. He said he shares traits with his heroes Moses and the Apostle Paul but is not a gifted speaker and asked the audience to pray that his message would be better than his weak flesh. He referred to the book 1984 by George Orwell, where the protagonist had to maintain a secret journal. Tonight, the MA board and leadership want to invite you into a little conspiracy, said Miller, and to join them in being thought criminals like the protagonist in 1984.
Some folks are inclined to place their faith in an authoritarian government, Miller said. It’s hard for them to conceive that the parent movement expressed by the attendees is organic, based upon faith, principles, and values.
Miller noted that in 2021, the state Legislature passed House Bill 21-1108 to amend Colorado’s anti-discrimination act to offer protection for those of any gender expression or identity. Expression, he noted, is appearance, dress, or behavior, while identity is the innate sense of one’s own gender, which may or may not accord with the gender assigned at birth. He noted that Moms 4 Liberty has been very engaged on these issues, saying that some schools have taken this to an extreme. Some schools, he said, have directed staff to recognize a student’s gender expression or identity but not to inform parents. MA, he said, has pushed to engage parents in a dialog. On Feb. 22, the board adopted a proclamation to clarify that MA wishes to place the authority for education and well-being of children in the hands of parents. See OCN article www.ocn.me/v22n3.htm#ma, for more information on the February meeting.
Miller went on to outline other concerns on rules around COVID, critical race theory (CRT), and sex ideology in remote learning. He claimed that parents learned that teachers introduced doctrines contrary to those of the parents. Now, he said, there is a coordinated movement to undermine parental access to information and parental authority. One remaining protection, he cited, was a U.S. Supreme Court case, Troxel v. Granville, which recognized parental rights to direct the upbringing of their kids.
Public comments
In the public comments portion of the meeting, a number of people stepped up to speak in support of the board’s actions. Some of the statements made are:
- Kristy Davis, co-chair of the El Paso County chapter of Moms 4 Liberty, read a statement from herself and co-chair Darcy Schoening, who was not in attendance. Davis, who has two children at MA, thanked the board for holding the event and hearing from parents who have been harmed by a vocal minority weaponizing sexuality and gender. She said the movement seeks to weaken parents’ rights and that this is communism. She said there are no transgender children, just confused children, and adults who use them as political chess pieces. Moms 4 Liberty, she said, is standing with MA and fully supports Miller in his efforts.
- A seventh-grader at MA said that she felt safe at MA until last year when “a boy decided to go into a girl’s restroom,” where the girls change. She said in the Bible in Genesis it says that God created mankind, male and female. Her parents said that safety is important, and they love all children and don’t want any to feel bullied, but that the last thing any parent wants to hear is that their children didn’t feel protected and safe.
- Another seventh-grader said she didn’t think it was right for a boy to come into the girl’s restroom and invade their privacy. Some of her friends were there and went home crying to their parents, she said. God made us who we are, and she doesn’t think kids should try to change themselves for no reason. Her mother added that she would like to provide a safe gender-neutral stall bathroom so everyone would feel safe. She asked the board to please not put litter boxes in these bathrooms for the “furries.”
- A parent asked if the board was developing plans to defend itself against pre-emptive legal challenges. Miller responded that MA might need to turn to parents if it becomes costly. He noted that challenges could come from the courts, from MA’s district authorizer, or from the Colorado Department of Education. He felt that the Supreme Court ruling would prevail.
- A parent thanked the board and acknowledged the bravery of the students who spoke and cited a swimming sports competition. He also said there was concern about a “biological girl” using the men’s restroom or locker room or competing on opposite-sex teams and asked that the school not send kids to the nurse’s individual-use bathroom.
- Ivy Liu, a D49 board member, asked to speak on behalf of families who don’t want to speak. Among other charges, she said that 1%-2% of the population was being weaponized for a much greater cause, kids were being groomed, parents manipulated, and language contaminated to push group think which was the foundation of socialism, Marxism, and communism, otherwise known as collectivism. America, she said, is the last wall standing between freedom and worldwide communism. Parents must fight back, she said, on these non-Godly and non-American values.
- Another parent raised concerns about fair and equitable treatment of kids and whether MA should have policies around biological males competing with females. Miller noted that this raised the question about accepting federal funds and competing within the Colorado High Schools Activities Association (CHSAA), which MA has been pursuing.
- A parent noted having to be careful about what pronouns are used and what name is used for a student. She cited an instance when she decided to call her now adult daughter by her middle name in first grade and the school forbade it because it had not been legally changed. Miller said the resolution covered this but there was a gray area where a boy might want to go by a nickname that might be considered feminine.
- Another parent asked if the policies would be in place by Aug. 15 since parents would be making enrollment decisions by that date. Miller said no, but the parents could rely on the clarity of the resolution and its parameters.
- Mark McWilliams, former MA board president, said there were parents going through something difficult that all parents pray is not their kid. The board is thinking of that too, he said, and making sure all children are protected and loved. He said that when he was on the board, they brainstormed how to manage this. He asked that parents vote in the future and keep their checkbooks ready in case the board was sued.
- A parent strongly advocated for policies that would not allow biological males in the private spaces of females and vice versa saying that the school would be liable. Miller said there will be lawsuits that cut in both directions.
- A parent said she was a pediatric dentist and sees many kids with anxiety who take medications. She asked if MA had proactive mental health strategies and felt it would be important to present the policy in written form when it comes out as it would help weed out families that would have a problem with it. Miller said that the board would adopt the related policy in its public meeting after two readings so it would be incredibly transparent. McClelland said she has discussed partnering with parents and providing training opportunities like parenting classes. She has lots of ideas around parent universities to empower parents.
- A parent asked if there was a plan to have conversations with parents on how they might engage in legal issues or circumstances. Miller replied that he didn’t want to give away legal strategies in front of a crowd but that these topics and pathways had been discussed in executive sessions.
- A parent, noting the law is written to prohibit discrimination, asked how someone could voice their opposition without being discriminatory, such as starting a petition. Miller said that SB23-296 was passed concerning protections for students against discriminatory practices at school to prevent bullying and that starting a petition against a student might be considered bullying.
- The parent continued, asking for advice at the statewide level on how to stand unified in agreement on the issue and yet not cross the line, so your student is not made to feel like a discriminator. Miller said the issue must be addressed structurally, and finding the right people to populate the board is crucial.
- A parent asked if there was a permission slip for locker rooms and restrooms where they want their student to be able to go. She said her understanding was that if the school takes government money, it must follow the laws and asked if MA had considered getting an outside channel of funds to bypass this requirement. Miller said MA could not afford to refuse the per pupil revenue—it is the bread and butter of how MA exists.
- Former state Rep. Tim Geitner said that in his past role he had the ability to vote no on laws like HB21-1108. Now, as president of the Liberty Tree Academy charter school, he thanked the MA board for doing this for their community and other charter schools.
Resolution
After the public comments concluded, Graham moved to adopt a resolution regarding the privacy and protection of students as regards to SB08-200 and HB21-1108 that states:
- The above laws expose its students to undue harm, confusion, and dysphoria.
- MA encourages its students to set boundaries protecting their privacy and report to their teachers, staff, or administrators if their boundaries are violated.
- MA will support the privacy and dignity of each student and not discriminate against individuals in violation of state or federal laws regardless of sex, gender expression, or gender identity.
- The board will never promote gender confusion or gender dysphoria in students nor promote transitioning of students that are gender confused, whether intentionally or unintentionally.
- The board will uphold the rights of parents under the Granville Supreme Court ruling and will mandate that any student under the age of 18 choosing to express or identify as a gender that does not correlate with their biological sex must be affirmed by the student’s parents or guardians and that these family units must be in complete agreement with this affirmation.
- The board will mandate that any student under the age of 18 whose family affirms them must further transition with a change of name and change of gender in Infinite Campus and any other school records and must conform to the dress code of the gender that they now identify or express as with no vacillation.
- For any student who chooses to go down this transitioning path that meets the mandated requirements of MA, the board directs the administration to notify the appropriate parent community without violating the Family Educational Rights and Privacy Act (FERPA) or any other law, that there may be a student using gender-specific bathrooms or locker rooms different than the student’s sex so other students may request to use a single-stall bathroom or to have a staff member monitor the vacancy of the single-sex locker room or bathroom to ensure their privacy and protection.
- Parents are strongly encouraged to advise their chosen attorney if they believe their child’s Fourth Amendment right to privacy is being violated and consult with said attorney on taking further legal action against the parent or guardian of the offending students.
- The board affirms that elected state and national leaders have a moral and ethical obligation to challenge and repeal such laws that violate the innocence, vulnerability, well-being, privacy, and safety of children.
- The board appeals to the MA community and constituents to make their voices heard as active and engaged citizens but to contact their state and national representatives and ask them to take a stand for the privacy and protection of students.
Vice President Lindsay Clinton seconded the motion, and other board members and McClelland spoke in favor of it. The board voted unanimously to pass the resolution. The full text of the resolution can be found at https://bit.ly/ma-discrim-resol.
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The MA School Board meets at 6 p.m. on the second Thursday of each month. The next regular board meeting will be on Thursday, Aug. 10, at 6 p.m. at the East Campus. See more information, see https://bit.ly/ma-boe.
Jackie Burhans can be reached at jackieburhans@ocn.me.
Other Monument Academy articles
- Monument Academy School Board, Dec. 17 – Board hears academic dashboard report (1/4/2025)
- Monument Academy School Board, Nov. 18 and 21 – Board responds to organization audit (12/5/2024)
- Monument Academy School Board, Oct. 17 and 24 – Board hears financial audit, improvement plan, internal review (11/2/2024)
- Monument Academy School Board, Sept. 12 – Board discusses parental review of library materials, adopts management system (10/5/2024)
- Monument Academy School Board, Aug. 8, 16, and 29 – Board sets non-legal name change policy (9/7/2024)
- Monument Academy School Board, July 11 – Board resolution related to Title IX (8/3/2024)
- Monument Academy School Board, June 13 – Board members sworn in, budget re-adopted (7/6/2024)
- Monument Academy School Board, March 10, 14, and 21 – Board selects executive director candidates (4/6/2024)
- Monument Academy School Board, Feb. 8 and 22 – Board passes parental rights policy 6-1; member resigns (3/2/2024)
- Monument Academy School Board, Jan. 5 and 11 – Board discusses the financial risk of parental rights policy (2/3/2024)