Investigation Underway: U.S. Education Department’s scrutiny of Denver Public Schools’ all-gender bathroom

Denver – An investigation by the U.S. Education Department is underway regarding Denver Public Schools regarding alleged discrimination. This follows the district’s decision to convert a girl’s restroom on the second floor of East High School into an all-gender restroom, while keeping the other restroom exclusively for male students.

The department has raised concerns that this action may be a violation of Title IX, which prohibits discrimination based on sex. This development represents a notable shift from investigations conducted during the administration of former President Joe Biden.

The Democrat’s administration interpreted Title IX to include LGBTQ+ protections, though the policy was later overturned by a federal judge.

Acting assistant secretary for civil rights, Craig Trainor, emphasized a zero-tolerance policy for discrimination under President Trump’s administration, stating, “It is a new day in America, and under President Trump, (the Office for Civil Rights) will not tolerate discrimination of any kind.”

Denver Public Schools said in a statement that it has not received a formal notice of the investigation and will wait to provide comment.

Brett Sokolow, the president of the Association of Title IX Administrators, said that these questions have not yet been tested.

“They are arguing that an all-gender restroom isn’t comparable to a single-gender restroom,” Sokolow said. “You’d have to establish that somehow you have a right to a single-sex bathroom, and while the Trump administration may believe that, I don’t know if that will be upheld by the courts.”

The Department of Education investigates thousands of Title IX complaints every year, mostly dealing with athletics. Nearly all cases have been resolved through voluntary resolutions with schools and colleges, though the agency has authority to terminate federal funding for institutions that violate civil rights laws.

In a 2024 case, the department’s Office of Civil Rights investigated an undisclosed school district after a transgender middle schooler allegedly faced repeated harassment, including being told she was in the wrong bathroom. The district reached an agreement to end the case, adding staff training and inviting the student to join an LGBTQ outreach committee.

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Associated Press reporter Collin Binkley in Washington, D.C., contributed to this report.

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Bedayn is a corps member for the Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues.