The Jeffco Public Schools Board of Education voted Wednesday to pursue legal action against the Department of Education following an investigation into the district by the department’s Office of Civil Rights over Jeffco’s policies regarding transgender students.

The federal government alleged that 61 “male students” were participating in girls’ sports teams throughout the district and that the district’s policies regarding gender identity were in violation of Title IX.

The federal government threatened to pull public funding from Jeffco if the alleged violations were not corrected, which could result in nearly $100 million being lost from a district already facing a budget deficit in the tens of millions.

Jeffco said the alleged boys on the girls’ sports rosters were a mix of mascots, managers and athletic trainers, not student athletes. 

The vote to pursue legal action, which was nearly unanimous, came after an executive session during a specially called meeting Wednesday afternoon. During the executive session, members of the board met with legal counsel to receive advice regarding OCR’s investigation, according to the meeting agenda.

Following the session, the board voted 4-1 to approve the initiation of legal action. Board member Denise Echevarria, the lone dissenter, said she was concerned about the financial risk of pursuing legal action, given the district’s budget deficit.

“I am a little bit concerned that our chief financial officer told us a few weeks ago that she doesn’t think we would be able to go through our entire reserves,” Echevarria said. “I’m a little bit concerned with the potential financial risks with this action.”

Erin Kenworthy, the only other board member to give a comment before the vote, was emphatic in her support for the decision and said she believes any investment in Jeffco students is “absolutely worth it.” 

“Absolutely yes,” she said when giving her vote.

Tim Heaphy, a lawyer representing the district, told the Denver Gazette that the vote was a proactive step in anticipation of the DOE filing a Notice of Impending Enforcement, which could strip the district of the federal funding.

Heaphy said district has authorized its legal counsel to go to court and seek an injunction should the DOE either give the district a high risk designation or direct the Department of Justice to file a lawsuit.

In a statement, Jeffco said it wanted to ensure the district’s legal team can protect the district if necessary.

“Jeffco’s legal counsel requested this authority ahead of an anticipated Notice of Impending Enforcement from the U.S. Department of Education, the statement said. “Depending on what that notice says, the district may need to ask a federal judge to resolve a direct conflict between Colorado state law and current federal interpretations of Title IX.”

Jeffco said while other school districts in Colorado maintain similar practices and policies, Jeffco is the only district which the DOE is threatening to withhold funding.

“What is unique to Jeffco is the U.S. Department of Education’s threat to withhold millions of dollars in crucial federal funding for some of our most vulnerable students if we do not agree to violate Colorado law,” the statement said. “We remain fully committed to supporting our students and staff while navigating these federal and state regulatory conflicts.”

The investigation into Jeffco started in June 2025, after the DOE heard testimony from parents alleging that a transgender girl was allowed to share a bed with a female student during an overnight trip without first informing the girl’s parents.

The results of the investigation, which the DOE released in March, alleged that in addition to allowing “male students” to participate in girls’ sports, the district allowed access to locker rooms and bathrooms on the basis of gender identity.

In response, Jeffco has said its policies are based on Colorado law, namely the Colorado Anti-Discrimination Act, which broadly prohibits discrimination on the basis of gender identity in places of public accommodation, including schools.