- calendar_today August 30, 2025
The U.S. Department of Education said Thursday that Denver Public Schools violated federal law when it created all-gender bathrooms at schools and let students use facilities that matched their gender identity rather than their biological sex.
The decision by the Education Department follows a monthslong investigation by the department’s Office for Civil Rights into East High School after the district remodeled a women’s restroom to make it an all-gender bathroom. District leaders said the move violated the federal standard under Title IX, which prohibits sex discrimination in education.
Office for Civil Rights Opens Investigation
The federal government opened an investigation in January into whether the district’s bathroom policy violated the rights of students and parents.
The district initially remodeled a girls’ bathroom into an all-gender restroom while designating a nearby restroom on the same floor to be a boys’ bathroom. District officials said the new bathroom was the result of a student-led process. Leaders also said the new bathrooms included 12-foot partitions around the toilets to protect privacy and security.
Federal officials, however, said the district violated Title IX. In a statement, Acting Assistant Secretary for Civil Rights Craig Trainor said that the district’s decision denied students “equal access to restrooms and in effect created a ‘hostile environment.’”
Denver Public Schools later added another all-gender restroom on the same floor in response to fairness concerns. District leaders also pointed out that single-stall, all-gender restrooms were also available throughout the school, in addition to the traditional men’s and women’s bathrooms.
Federal Government Issues Resolution Plan
The Department of Education sent Denver Public Schools a proposed resolution letter laying out four conditions the district would have to meet within 10 days to avoid enforcement action.
In the letter, the department proposed that the district:
- Change all all-gender multi-stall restrooms back to restrooms designated for either boys or girls.
- Remove any policies that “allow students to use the school’s intimate facilities inconsistent with their biological sex.”
- Include “biology-based definitions of ‘male’ and ‘female’” in the district’s Title IX policies and practices.
Issue a memorandum to schools requiring the bathrooms “maintain and protect the privacy, dignity, and safety of all students” while remaining “equally accessible to both sexes.”
The department could take enforcement action if the district does not agree to the resolution letter. This could lead to withholding of federal funds.
Federal Officials Cite Safety, Privacy Concerns
In a statement, Trainor called the district’s move an example of “failed leadership policies that 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’ facility and by allowing students to use the high school’s intimate facilities on the basis of their gender identity rather than their biological sex,” he added.
“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 Public Schools Defends Decision
The district has defended the bathroom decision as one that was guided by students in the process. District officials have said the new bathrooms were intended to meet students’ needs while ensuring privacy and security.
Denver Public Schools has yet to publicly respond to the department’s latest findings but has previously said students have multiple bathroom options, including single-stall, all-gender restrooms for those who want more privacy.
Education Department Decision Part of Larger Debate
The conflict in Denver comes as part of a broader national debate over gender identity policies in schools. This year, President Donald Trump signed an executive order to bar transgender girls from being able to play on sports teams not corresponding with their biological sex.
Republican lawmakers have also introduced legislation that would restrict transgender students from using bathrooms and participating on sports teams consistent with their gender identity.
The Education Department has pursued similar cases in other instances involving gender in schools and universities. This week, the agency said George Mason University broke federal law when it had unlawful diversity, equity, and inclusion (DEI) practices under Title VI.
What to Watch For
Denver Public Schools now has a decision to make on whether to accept the proposed resolution by the federal government or risk enforcement action that could place millions of dollars in federal funding on the line.
The district has 10 days to accept or decline the Education Department’s proposed resolution and findings on whether it should rollback its policy on all-gender bathrooms.
