Education Department Investigates Denver Schools for ‘All-Inclusive’ Gender Bathroom Policies
The Office for Civil Rights (OCR) of the U.S. Department of Education has announced its first investigation under the current administration.
The OCR is currently investigating Denver Public Schools (DPS) for a potential violation of Title IX after the largest high school in the district converted a female restroom into an “all-inclusive” gender restroom located on the second floor.
According to the letter, “The administration has compromised the comfort of these young females by implementing this questionable change that now restricts their options,” quoting a parent’s comments during the session. “We, as adults, should prioritize protecting students above all else, rather than using minors as subjects of this social experiment. This is, in my view, unlawful, immoral, and constitutes a form of abuse.”
The communication also noted that the district has established multi-stall, all-gender restrooms in two additional school buildings, but did not clarify whether these facilities replaced female restrooms while male restrooms remained unchanged, similar to the situation on East High’s second floor.
Just days after Donald Trump signed several executive orders targeting transgender policies as well as diversity, equity, and inclusion (DEI) initiatives in public schools, the OCR sent the letter.
The letter references Title IX of the Education Amendments of 1972, “which prohibits discrimination based on sex in any education program or activity operated by a recipient of federal financial assistance from the department.”
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Representatives from the OCR’s regional office in Denver have been tasked with conducting the investigation and will reach out to school officials within a week to set up interviews with district personnel.
Upon completion of the investigations, OCR’s findings and recommendations for the district’s corrective actions are generally made publicly available on the U.S. Department of Education’s website.
“The concerning report that the Denver Public Schools District has denied female students access to a restroom comparable to that of their male peers seems to directly infringe on the civil rights of female students in the district,” stated Acting Assistant Secretary for Civil Rights Craig Trainor in the announcement.
“It is unprecedented for the Office for Civil Rights to initiate an investigation into a singular restroom based on local media reports rather than in response to a formal complaint requesting their involvement,” Pribble added. “DPS is dedicated to educational equity and will continue to recognize the needs of our students.”
A statement released on January 24 on the district’s website emphasized that the district intends to oppose Trump’s Defending Women executive order, which established a policy recognizing only two sexes.
“DPS is steadfast in adhering to all relevant state and federal laws, which are still effective, providing continued acknowledgment of and safeguarding against harassment and discrimination based on LGBTQ+ status,” the statement affirmed.