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Jeffco Public Schools Takes Its Fight Over Transgender Student Policies to Court

July 29, 2026 · CBS News

A Colorado school district is suing the federal government to protect $50 million in funding while following state anti-discrimination laws.

Jefferson County Public Schools in Colorado has taken the federal government to court over a disagreement about how to treat transgender students. The school district, known as Jeffco, is caught between two sets of rules — one from the state of Colorado and one from the U.S. government. The district filed a lawsuit asking a judge to decide whether its policies are following the law correctly.

The fight centers on a federal law called Title IX. Title IX says that schools receiving taxpayer money cannot discriminate against students based on sex. The U.S. Department of Education's Office for Civil Rights says Jeffco is breaking this law. That office claims the district is wrong to let transgender girls play on girls' sports teams, use girls' bathrooms, and share overnight spaces with female students.

Jeffco strongly disagrees with those claims. The district says it is following Colorado's anti-discrimination laws, which say schools must protect transgender students from unfair treatment. Because state law is clear on this point, the district believes it is doing the right thing. The district hired a civil rights lawyer named Tim Heaphy to argue its case.

Heaphy explained that courts around the country have not agreed on what Title IX means for transgender students. He argued that the federal rules in this case are unclear, but Colorado's rules are not. 'The state law is not uncertain. It's very clear, and Jeffco is abiding by that provision,' Heaphy said. He also said, 'We are asking the judge to essentially affirm what Jeffco is doing is consistent with law.'

A big reason the district decided to act now is money. The Office for Civil Rights has threatened to take away about $50 million in federal funding if Jeffco does not change its policies. Heaphy said the district did not want to wait until the money was actually cut before fighting back. 'We don't want to wait for it to happen and then seek to undo it. We want to try and prevent it in advance,' he said.

The cost of going to court was a serious concern for the Jeffco school board. The district had already cut millions of dollars from its budget earlier this year, so spending more money on lawyers was a tough call. Records show that the attorneys hired for the case charge a combined rate of $400 per hour, which is a discount from their normal rates of up to $2,400 per hour. Board members decided the lawsuit was worth the cost to protect both students and funding.

The U.S. Department of Education said it would not comment on the case because it is still being investigated. For now, students, parents, and staff in Jefferson County will have to wait for a judge to weigh in. The outcome could affect not just Jeffco, but also how other school districts across the country handle similar situations.

"We are asking the judge to essentially affirm what Jeffco is doing is consistent with law."

Comprehension quiz preview

1. What is the name of the federal law at the center of this dispute?

  • AThe First Amendment
  • BThe Civil Rights Act
  • CTitle IX
  • DThe Equal Access Act

2. How much federal funding is Jeffco at risk of losing?

  • A$5 million
  • B$500 million
  • C$15 million
  • D$50 million

3. What does the word 'discriminate' mean as used in this article?

  • ATo treat someone fairly based on their skills
  • BTo treat someone unfairly because of who they are
  • CTo make a careful decision after studying the facts
  • DTo follow all the rules set by the government

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