Overview:
The U.S. Department of Education’s Office for Civil Rights is investigating Denver Public Schools for allegedly violating Title IX by converting a female restroom into an all-gender restroom at East High School, potentially denying female students equal restroom access.
The U.S. Department of Education’s Office for Civil Rights (OCR) has announced that they have launched an investigation into the Denver Public Schools District over allegations of discrimination against female students at East High School. The investigation follows reports that the district converted a female restroom into an all-gender restroom, leaving male students with an exclusive restroom on the second floor. In contrast, female students no longer have a dedicated facility on that level.
In a statement Tuesday, the district expressed shock that the Office of Civil Rights as “unprecedented for the Office for Civil Rights to admittedly initiate its own investigation, into a single bathroom, as a result of local media coverage rather than in response to a filed complaint requesting their involvement, the statement read. “DPS is committed to educational equity, and we will continue to honor the needs of our students.”
The decision has raised concerns about potential violations of Title IX, a federal law that prohibits sex-based discrimination in federally funded education programs. Under Title IX regulations, schools may offer separate restroom facilities based on sex, but they must ensure that such facilities are comparable for both male and female students.
“The alarming report that the Denver Public Schools District denied female students a restroom comparable with their male counterparts appears to directly violate the civil rights of the district’s female students,” said Acting Assistant Secretary for Civil Rights Craig Trainor. “Let me be clear: it is a new day in America, and under President Trump, OCR will not tolerate discrimination of any kind. I have directed OCR’s Denver regional office to investigate this matter fully.”
On the campaign trail, Trump has vowed to eliminate the Department of Education, but with his pending appointment of Linda McMahon, it is unclear what is next. During President Trump’s first week in office, he has rolled back guidance from the Biden era that supports LGBTQ students in school. In addition, this includes an executive order that doubles down on the fact that the United States only recognizes two sexes: male and female.
The investigation will assess whether the district’s actions have resulted in unequal access to restroom facilities for female students, potentially violating federal civil rights protections. Denver Public Schools has not yet publicly responded to the allegations.
