Colorado’s Second-Largest School District Already Preparing to Comply With Prop. 134

Colorado’s second-largest school district is already telling families it will change its athletics policies to comply with Proposition 134, the voter-approved measure requiring student athletes to compete on teams that match their sex assigned at birth, even though the state has yet to say how the law will be enforced.

Total votes are still being counted, but Thursday the Associated Press called Proposition 134 as passed, with just under 55% in favor. Because the proposition is a voter-approved statute, it takes effect on its own in January 2027. 

On Friday, the Jefferson County School District announced to families it was making changes to its program, in accordance with the law. 

“On Tuesday, Colorado voters approved Proposition 134, which requires that students' participation in athletics be based on sex assigned at birth,” the email to families stated. “Jeffco's current athletic participation policies remain in place until the new law takes effect in January. The new law does not affect students' ability to participate in academics and activities, use facilities, or engage in other aspects of school life in accordance with their gender identity.”

The email explained that families would see updates to school policies and regulations “that reflect this adjustment in extracurricular sports participation.” 

“Jeffco's athletics department also anticipates receiving additional guidance from the state regarding the law's provisions and implementation,” it said. “We will communicate these changes to staff, students, and families before they take effect.”

A Jeffco Public Schools spokesperson confirmed the email and the expected changes. 

Earlier this year, Jeffco School District was the focus of an inflammatory social media campaign that overtook far-right media, claiming a trans student “took” a spot from another student. 

But it’s unclear exactly whether the changes are needed — at least for now. The state commissioner of education would be required to identify non-compliant schools and “take corrective action.” But the measure does not outline how such a policy would be enforced — though its backers have suggested cheek swabs or birth certificate checks.

Julia Jackson, policy and research manager at the Colorado Legislative Council, told LOOKOUT Friday that the legislature could choose to amend the language in the statute, though such a move is “quite rare.”

“Historically, [lawmakers are] pretty reluctant to make dramatic changes to citizen initiatives,” Jackson said. “It’s more common for them to make small changes.”

Of the 33 citizen-initiated statutes Colorado voters approved from 2010 through 2024, lawmakers later amended or partially repealed three, according to Ballotpedia.

If lawmakers wanted to repeal the law, they’d need to run a bill and have it signed by Democratic Gov.-elect Phil Weiser. Because it’s a statute and not a constitutional amendment, voters wouldn’t need to approve a change as they would if it were a constitutional amendment, Jackson added.

While campaigning in June, Weiser — who opposed the measure — suggested amending the proposition.

“We’re going to have to take a look at these anti-trans measures and what adjustments are necessary and appropriate,” the Colorado Sun reported him saying while campaigning in June. He said the legislature would “have to fix it and provide a much more human and sound approach.”

Bill drafts are confidential until they are introduced or a lawmaker chooses to discuss them. When asked Friday morning, Rep.-elect Steph Vigil, D-Colorado Springs, said they would prefer not to discuss the issue until they’d had more time to strategize with other lawmakers and statewide LGBTQ+ groups.

Vigil, who was the first gender-fluid person to represent Colorado Springs, said in their first term they were told to “play it safe,” but they prioritized protecting transgender youth with bills like HB24-1071, which made it easier for those with felony convictions to legally change their names. 

“I think we’re definitely going to do a lot of policy research to see what is feasible given the circumstances,” Vigil, who was re-elected this year, told LOOKOUT. “But I want every kid in Colorado to know that they belong here and they’re safe.”