Families file lawsuit against Jeffco school district

Three families represented by Alliance Defending Freedom have filed a federal lawsuit, alleging that the Jefferson County School District violated parents’ fundamental right to make decisions about the upbringing and education of their children.

The lawsuit is based on the school district’s policy of assigning students to share overnight accommodations with other students who share the student’s gender identity rather than rooming by sex, according to a statement released Thursday by Alliance Defending Freedom.

"While we have not yet been served with the lawsuit, we have conducted a cursory review of what was filed with the court and we disagree with a number of claims made in it," a statement from Jeffco Public Schools said. "We look forward to having an opportunity in court to share the true facts, including the reasonable accommodations we offer families and students."

The district added: "Families always have the ultimate choice whether their student participates in any unique programming that involves overnight accommodations. We take these issues seriously, and we follow all Colorado state laws when it comes to how we treat students, staff and families."

When Joe and Serena Wailes allowed their 11-year-old daughter to attend a district-sponsored trip to Philadelphia and Washington, D.C., they were told their daughter would be rooming with three other fifth-grade girls, Alliance Defending Freedom said.

It wasn’t until their daughter was in her room getting ready for bed on the first night of the trip that she discovered she was to share a bed with a boy who identified as a girl, the legal outfit said.

“Parents, not the government, have the right and duty to direct the upbringing and education of their children, and that includes making informed decisions to protect their child’s privacy,” ADF Senior Counsel Kate Anderson, director of the ADF Center for Parental Rights, said. “This fundamental right is especially vital for parents to protect their children from violations of bodily privacy by exposure to the opposite sex in intimate settings, like sleeping arrangements or shower facilities."

"If Jefferson County Public Schools is going to continue placing students of the opposite sex in the same room on overnight trips — as it confirmed it would — the district must let parents be the ones to make decisions about their children's privacy,” Anderson added.