Protecting Students: Colorado’s Robust Anti-Discrimination Laws Amid Federal Uncertainty

With the beginning of President Trump’s Administration and a recent federal court decision that vacated the most recent Title IX rules, there is rising concern about protecting individuals from discrimination in schools. Fortunately, Colorado has several laws that prohibit discrimination in schools, including the Colorado Anti-Discrimination Act, Title IX, and other state laws. These laws protect students from discrimination based on race, sex, sexual orientation, gender identity, disability, and more.

RELEVANT ANTI-DISCRIMINATION LAWS.

Title IX. Title IX protects against sex discrimination in educational programming. On April 24, 2024, the U.S. Department of Education issued a Final Rule entitled “Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance” (2024 Title IX Rules), which expanded Title IX protections to issues of gender identity and sexual orientation. 89 Fed. Reg. 33474 (Apr. 29, 2024). However, a federal court recently held that the Department of Education exceeded its statutory rulemaking authority in issuing the 2024 Title IX Rules and vacated the rules nationwide. Tennessee v. Cardona, 2025 WL 63795 (E.D. Ky. 2025). Therefore, at this time, Title IX protects against sex discrimination based on sex assigned at birth but does not offer protections for LGBTQ individuals or address issues of gender identity and gender expression. There may be more changes to Title IX during the Trump Administration, but for now the Title IX Rules in effect prior to August 1, 2024, are the controlling rules.

Colorado Anti-Discrimination Act. The Colorado Anti-Discrimination Act (CADA) prohibits discrimination in public accommodations, including schools, based on race, sex, sexual orientation, gender identity, gender expression, marital status, national origin, or ancestry. C.R.S. § 24-34-601. It is discriminatory and unlawful for a person, directly or indirectly, to refuse, withhold from, or deny to an individual or a group the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of a school based on these qualities. Id. Regardless of any potential changes to Title IX and its related regulations, CADA specifically protects against discrimination of LGBTQ students and provides that these students receive equal treatment and protection under the law even if these individuals see a reduction in rights at the federal level.

Senate Bill 23-296 (SB23-296).  In 2023, the Colorado General Assembly enacted SB23-296 to protect students against discrimination and harassment at school based on their membership or perceived membership in a protected class based on disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, family composition, religion, age, national origin, or ancestry. C.R.S. § 22-1-143. Pursuant to the Act, schools must accept formal reports of harassment or discrimination in writing, in person, by phone, by e-mail, or by online form. Schools must also post notices throughout the school building to provide students with information about how to report incidents of harassment or discrimination. Reports of harassment or discrimination received by the school must be kept confidential and, once received, the school must make a good faith effort to complete an investigation into the complaint. The Act also requires schools to extend extra support to students who have experienced harassment or discrimination, and to provide periodic training to teachers to prevent and identify harassment and discrimination at school.

House Bill 24-1039 (HB24-1039). In 2024, the Colorado General Assembly enacted HB24-1039, codified in C.R.S. § 22-1-145 and other related provisions of C.R.S. Title 22, to require school personnel to address students by their chosen names in school and during extracurricular activities. A student’s chosen name means any name that a student requests to be known as that differs from the student’s legal name, to reflect the student’s gender identity. C.R.S. § 22-1-145. The Act considers it discriminatory for school staff to knowingly or intentionally use a name other than the student’s chosen name or to avoid or refuse to use the student’s chosen name. Id. Schools must implement a written policy that explains how the school will honor a student’s request to use a chosen name.

NEXT STEPS. The Department of Education has not yet issued any guidance in response to Tennessee v. Cardona. Regardless, Colorado school districts can remain steadfast in upholding all students’ safety and security by relying on Colorado’s law. School districts that have recently updated their AC Policy series to comply with Colorado laws need not make significant changes. It is recommended that school districts review their grievance procedures and replace those that are specific to the 2024 Title IX Rules with grievance procedures that comply with the 2020 Title IX Regulations. Districts also may want to provide training on the 2020 Title IX Regulations for their Title IX Coordinators, investigators, and decision makers.  

While there are nationwide concerns about reduced protections against discrimination for LGBTQ students and individuals, Colorado has developed a relatively robust set of laws that protect students from harassment and discrimination based on their membership in a protected class. These Colorado laws are in effect and will continue to be (absent state-level amendments), regardless of changes at the federal level. If specific concerns about harassment or discrimination arise at your schools, we at Lyons Gaddis would be happy to work with you to address your specific situation. Contact our School Law attorneys, Adele Reester, Catherine Tallerico, and Robyn Smith for assistance.