Denver schools defy bathroom ruling: Here's why they won't back down yeta

Denver Public Schools (DPS) is pushing back against a finding by the US Department of Education that its all-gender bathrooms violate Title IX , the federal law prohibiting sex-based discrimination in education. While defending its approach to inclusivity, the district has not yet decided whether to revert two specific all-gender restrooms to traditional male and female facilities.

The US Department of Education, under the Trump administration, stated that DPS’s implementation of multi-stall, all-gender restrooms is unlawful and requested voluntary compliance, including policy changes, within 10 days or face unspecified enforcement actions. This could include the potential withdrawal of approximately $10 million in federal funding, representing less than 1% of the district’s $1.5 billion annual budget.

Investigation triggered by restroom conversion at East High School
The federal investigation began after DPS converted a girls' restroom at East High School into an all-gender restroom, leaving another restroom on the same floor designated for boys. According to DPS, the change was made through a student-led process. The district also reported that the modified restroom featured 12-foot-tall partitions intended to maintain privacy and ensure safety.

To address concerns of fairness raised following the conversion, DPS later added a second all-gender restroom on the same floor.

The US Education Department’s Office for Civil Rights initiated the investigation under the Trump administration. As reported by the Associated Press, the department indicated that DPS’s restroom arrangement violated Title IX by discriminating based on sex.

District questions investigation methods and legal grounds
In a statement reported by the Associated Press, DPS claimed that the Education Department did not cite specific statutes or legal cases to support its finding. The district also criticised the probe for lacking on-site visits or interviews. DPS said that attempts to engage in dialogue and discuss possible remedies were ignored.

"We will protect all of our students from this hostile administration while we continue to raise the bar on achievement," DPS stated, as quoted by the Associated Press.

Scott Pribble, spokesperson for DPS, said the district has not yet decided whether to revert the two all-gender restrooms back to male and female designations. He confirmed that the school district remains committed to supporting LGBTQ+ students, families, and allies.

Federal funding at stake as compliance deadline nears
The Education Department offered DPS the opportunity to voluntarily comply with changes. These include reclassifying all-gender restrooms and rescinding any guidance that allows students to use bathrooms aligning with their gender identity rather than biological sex. The department did not provide details on what enforcement actions might follow non-compliance but suggested that the district’s federal funding could be at risk.

One of multiple national investigations under current administration
As reported by the Associated Press, the Trump administration has launched approximately two dozen investigations into transgender policies in schools across the US. These probes focus on issues including access to sports, locker rooms, and bathrooms. Around half of the cases involve bathroom access in K-12 schools, with districts in Virginia, Kansas, Washington state, and Colorado under review.

DPS’s case marks the first restroom-related investigation conducted under the Trump administration by the Education Department’s Office for Civil Rights, according to the Associated Press.

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