School District 38’s elected and executive leaders are taking a cautious approach on the issue of transgender athletes participating in sports teams which differ from their biological sex, opting to develop clear local guidelines while avoiding costly litigation for now.

Superintendent Amber Whetstine led a detailed discussion during the Lewis Palmer School District Board of Education’s Aug. 5 work session at the district Learning Center in Monument, outlining the legal, financial and policy considerations the district faces. The topic has drawn national attention, with lawsuits pending in several states and the Colorado High School Activities Association (CHSAA) defending its present rules in court.

Decisions in those cases and potential rulings by the U.S. Supreme Court are expected to influence policy at the state and local levels later this year.

Whetstine presented several options, including joining an ongoing lawsuit against CHSAA, issuing a public statement, adopting a new policy, or filing an amicus brief. Legal counsel advised against joining the lawsuit, citing an estimated $200,000 minimum cost and noting the district would still be bound by any resulting changes to CHSAA’s rules.

Other large districts are already parties to the suit, meaning D-38’s participation would likely not affect the outcome.

Whetstine said, adopting a district policy now could put D-38 in violation of state law and CHSAA bylaws, exposing the district to legal challenges.

“The exposure to having to defend that policy is pretty high,” Executive Director of Student Services Chris Frampton said.

He noted challenges could come from anywhere in or outside Colorado. Instead, district administrators recommend continuing the present practice of determining athletic eligibility on a case-by-case basis, using factors such as safety, competitive advantage, prior participation, grades and physician clearance. Those criteria are already applied at the local level and could be codified in athletic handbooks for clarity and consistency.

Some board members expressed concerns towards the case-by-case decisions as they might appear subjective and leave parents unsure of the district’s stance. Directors urged the administration team to provide clear, written expectations whether in a board policy or handbook to give the community confidence that fairness and safety will be a priority.

The discussion also touched on related concerns such as overnight accommodations and locker room use. Board President Tiffiney Upchurch emphasized protecting female athletes while ensuring all students are treated with dignity and respect.

“There is a common sense balance here,” she said.

While some community members have urged the district to take a stronger public stand, most board members agreed it would be prudent to wait for anticipated legal developments before committing to a formal policy.

“We’ve got better uses for our taxpayer money,” board member Todd Brown said.

The board directed the administration to draft a public statement for review at its August meeting. The statement intends to affirm the district’s commitment to fairness and safety in sports, explain the current eligibility process, and signal D-38 plans to revisit the issue once legal guidance from higher authorities becomes available.

Whetstine said the goal is to balance planning with flexibility.

“Our delay isn’t because we’re wavering but because we’re waiting to see what the governing bodies that we have to follow will decide,” she said. “We are optimistic that clarity will come sooner rather than later.”