DENVER — The U.S. Department of Education announced on Thursday that Denver Public Schools violated Title IX by establishing all-gender bathrooms and permitting students to use facilities that align with their gender identity. This finding stems from an investigation into East High School, which began in January. The inquiry marks a significant shift from previous investigations conducted under the Biden administration.
The investigation was prompted after the school district converted a girls' restroom into an all-gender facility while maintaining a boys' restroom on the same floor. The district stated that the change was made following a student-led initiative and that the restroom featured 12-foot tall partitions for privacy. To address concerns about fairness, the district later added a second all-gender restroom on the same floor. Officials emphasized that students would still have access to gender-specific restrooms and single-stall all-gender bathrooms.
The Education Department has given the school district 10 days to voluntarily revert the all-gender bathrooms back to gender-specific ones or face potential enforcement actions. The department also requested that the district adopt biology-based definitions for "male" and "female" in all Title IX-related policies and rescind any guidance allowing students to use bathrooms based on gender identity.
"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," said Craig Trainor, acting assistant secretary of the Office for Civil Rights. Denver Public Schools officials acknowledged receipt of the investigation results and stated they are evaluating their next steps.
The Trump administration has initiated approximately two dozen investigations into transgender policies in schools, focusing on access to bathrooms, locker rooms, and sports. About half of these investigations target K-12 school districts in states including Virginia, Kansas, Washington, and Colorado. In February, Trump signed an executive order prohibiting transgender girls from participating in sports teams that align with their gender identity, a move that supporters claim restores fairness in athletics, while opponents argue it discriminates against transgender youth.
In June, federal officials determined that California's Department of Education violated civil rights laws by allowing transgender girls to compete on girls' sports teams. The Trump administration has also taken legal action against Maine regarding transgender athletes in girls' sports and recently launched an investigation into Oregon's Department of Education following a complaint from a conservative group.