- calendar_today August 30, 2025
The U.S. Department of Education said on Thursday that Denver Public Schools violated Title IX, a federal law that prohibits discrimination based on sex in educational settings, for its creation of all-gender bathrooms.
Department officials also found that the district allowed students to use facilities based on gender identity instead of biological sex.
The Department of Education’s Office for Civil Rights began the investigation in January at East High School, after district officials converted a female bathroom into an all-gender restroom. District officials said the decision was made for students’ privacy and security and that they intended to remain in compliance with Title IX.
Office for civil rights asked to investigate
The district said at the time that the decision to make the restroom all-gender came after a student-led initiative. The district also said the renovations to the school bathroom included 12-foot partitions around toilets for students.
The all-gender restroom was one of two on that floor. The other bathroom remained designated for boys, the district said.
Federal officials, however, found that the decision to create an all-gender bathroom at East High School went against Title IX. In a statement, Acting Assistant Secretary for Civil Rights Craig Trainor said that the move denied students equal access to facilities.
“It also created an impermissibly ‘hostile environment’ for students at the school,” Trainor said.
A second all-gender bathroom was created to remedy the issue of students being treated unequally, officials said. District leaders have also said students still have access to bathrooms for biological males and females.
The Department of Education proposed a resolution plan for Denver Public Schools on Friday. It said the district had 10 days to comply with four specific conditions or risk enforcement action.
District could lose federal funding
The proposed resolution said the district must:
- Restore all all-gender multi-stall restrooms to being sex-specific.
- Eliminate all policies that “permit or allow students to use the district’s intimate facilities on the basis of gender identity rather than biological sex.”
- Define the words “male” and “female” in a “biology-based way” for any policies related to Title IX.
Send a memo to schools saying all policies related to intimate facilities “ensure that all students are treated consistently with Title IX, provide for their privacy, dignity, and safety, and remain readily accessible to and equally available for use by both sexes.”
Denver could face enforcement if the district doesn’t comply with the resolution plan. The department said it could take enforcement actions that would include taking away federal funding.
Federal officials claim bathroom switch could harm students
In a statement, Trainor also criticized the district’s switch to all-gender bathrooms, saying they “endanger student safety, privacy, and dignity.”
“Denver Public Schools violated Title IX and its implementing regulations by converting a sex-segregated restroom designated for girls in East High School to an “all-gender” restroom and by allowing students to use the high school’s intimate facilities on the basis of their gender identity rather than their biological sex,” Trainor said.
“Denver is free to endorse a self-defeating gender ideology, but it is not free to accept federal taxpayer funds and harm its students in violation of Title IX,” Trainor continued. “The Trump Administration will work relentlessly to hold accountable school districts that harbor the ideological fanatics and policies that sully students’ educational experience with sex discrimination.”
Denver defends policy creation
Denver Public Schools defended the decision, saying it was led by students and that new facilities were created to support students’ evolving needs. District leaders have said it also maintains privacy and safety for students.
The district has not publicly responded to the findings in the resolution plan. District officials previously said that there are a variety of bathrooms, including single-stall, all-gender restrooms for those who need additional privacy.
Nationally, gender identity has become a hot topic in recent years. In the past few months, for example, President Donald Trump signed an executive order to bar transgender girls from playing on sports teams not aligned with their biological sex.
At the federal level, Republican lawmakers have also been working on legislation to restrict transgender students from using the bathroom and playing on sports teams that align with their gender identity.
Department has targeted universities
The U.S. Department of Education has also targeted schools in recent months for how they handle gender identity. Just this week, it announced that George Mason University would have to stop unlawful DEI practices that violated Title VI, a federal civil rights law.
Federal officials have also been critical of California Gov. Gavin Newsom for his state’s gender identity policies for children.
What to watch for
Denver Public Schools now has 10 days to decide on how to respond to the Education Department. The district could accept the resolution or it could remove all of its all-gender bathrooms and reverse its policy that allows students to use the bathroom of their choosing.
The district faces losing federal funding if it does not accept the resolution plan, which is unusual because most districts simply agree to it. The district could also decide to ignore the findings and face enforcement.
