- calendar_today August 30, 2025
DENVER (CBS4) – On Thursday, the U.S. Department of Education said Denver Public Schools (DPS) violated Title IX by creating all-gender bathrooms and allowing students to use whichever bathroom they wanted.
Title IX is the federal law that bans sex discrimination in schools. In January, the Office for Civil Rights within the U.S. Department of Education began an investigation. It focused on one of Denver’s largest high schools, East High School, after the district changed a girls bathroom to an all-gender facility.
The investigation found that the district was out of compliance with the federal standards required by Title IX.
All Gender Bathroom Investigated
Denver Public Schools (DPS) first converted a girls bathroom into an all-gender facility, but kept a restroom on the same floor of East High School that is labeled for male use only.
District leaders said students were involved in the process and that 12-foot tall partitions were added around the toilets, urinals and sinks in the updated bathrooms to ensure privacy and security.
Acting Assistant Secretary for Civil Rights in the U.S. Department of Education Craig Trainor said in a statement Thursday the move violated Title IX requirements by not providing equal access to both male and female students.
Trainor said by not designating each bathroom for one sex, they were denied equal opportunity to access the facilities. In an effort to ensure students had similar access to both genders, a second all-gender bathroom was created on the same floor.
District leaders said schools in Denver still offer gender specific restrooms, as well as single-stall all-gender restrooms throughout DPS schools.
Education Department Sends Plan
The U.S. Department of Education sent a proposed resolution letter to Denver Public Schools on Thursday.
It says if the district takes back their all-gender bathrooms, limits bathroom access by biological sex and makes other changes, the department will not take enforcement action. If DPS changes their bathroom policy, they must do so within 10 days.
Federal officials set four conditions for Denver:
- Redesignate all existing all-gender, multi-stall restrooms to single-sex restrooms.
- Cease and desist allowing students to use the district’s bathrooms and other intimate facilities based on their gender identity instead of their biological sex.
- Provide the department with a list of all Title IX policies that use “biology-based definitions” of “male” and “female” and make adjustments as needed.
Send a memo to the district’s schools, staff, and students to reiterate that “the district’s bathrooms and other intimate facilities must protect the privacy, dignity, and safety of all students while also remaining readily accessible to students of both sexes on a comparable basis.”
East High School is not the only Denver Public School with an all-gender bathroom. Campus executives have said some schools were exploring changes before state and federal action. Skyview High School began the process in December. The district said other schools are considering similar moves and would do so on a case by case basis. Colorado’s Attorney General’s Office has been working with district leaders and said as the situation changes, they will continue to work with DPS.
Federal Government Points to Student Safety and Privacy
Acting Assistant Secretary for Civil Rights Craig Trainor released a statement Thursday and accused the district of endangering student safety and privacy.
“This misuse of federal taxpayer funds by DPS will not be tolerated,” Trainor said.
“Our nation’s schools should not allow a hostile environment for any student based on their sex and need to respect students’ privacy, dignity, and safety in intimate facilities,” he added.
The letter to the district said DPS failed to follow regulations and violated Title IX by allowing students to use the all-gender facilities based on their gender identity rather than their sex at birth. Trump’s Justice Department statement pointed out that Denver still could endorse their version of gender identity, but must continue to accept federal funding.
“However, they are not free to accept federal taxpayer funds and harm their students in violation of Title IX, including by failing to protect their privacy, dignity, and safety in intimate facilities,” a department statement said.
The district has defended its changes to bathroom policy. A spokeswoman told CBS4 in January that students were involved in the decision-making and that the changes to the bathroom created more privacy for students. Denver Public Schools has not responded to the department’s most recent announcement.
District officials have said students still have multiple options for bathrooms, including gendered options, or they can use single stall all-gender restrooms.
National Debate Rages On
The national debate over gender identity, bathroom use and participation in sports is ongoing. Earlier this year, President Donald Trump signed an executive order banning transgender girls from playing on sports teams that are designated for girls.
Republican lawmakers in Congress have introduced a bill that would ban transgender students from using the bathroom or playing on sports teams that match their gender identity.
The Education Department has been working on several cases concerning gender identity policies at schools and universities.
Just this week, federal officials said George Mason University violated federal law when its diversity, equity and inclusion practices under Title VI.
On Thursday, the Education Department said Denver Public Schools also violated Title IX by creating all-gender bathrooms and allowing students to use them regardless of biological sex.
