Denver schools under investigation by US education agency for all-gender restroom policy

DENVER — The U.S. Department of Education announced on Tuesday that it is investigating Denver Public Schools for potential discrimination concerning the conversion of a girl’s restroom at a local high school into an all-gender facility. This decision has raised concerns as another restroom within the same school remains designated solely for boys.

This investigation seemingly signifies a notable shift in the approach of the Education Department, diverging from the policies established during the previous administration under President Biden, who interpreted Title IX to extend protections to LGBTQ+ individuals. This policy, however, was later undone by a federal court ruling.

Craig Trainor, the acting assistant secretary for civil rights, remarked in a statement, “Let me be clear: it is a new day in America, and under President Trump, the Office for Civil Rights will not tolerate discrimination of any kind.”

Officials from Denver Public Schools responded by stating that the restroom in question was transformed following a process led by students. They highlighted that the facility features 12-foot partitions for enhanced privacy and security.

Scott Pribble, a spokesperson for the district, conveyed that this restroom initiative is inclusive, catering to students who might feel uncomfortable using gender-specific restrooms, which aligns with Denver Public Schools’ overarching values. He also pointed out that East High School continues to offer separate restrooms for male and female students.

Brett Sokolow, president of the Association of Title IX Administrators, stated that the issue regarding the restroom’s designation has not yet faced any judicial scrutiny. He noted, “They are arguing that an all-gender restroom isn’t comparable to a single-gender restroom,” suggesting that the courts may need to evaluate whether there is a legitimate claim to having a single-gender restroom.

The Department of Education addresses thousands of Title IX complaints annually, with the majority related to sports. Most disputes are resolved through agreements with educational institutions, although the department maintains the ability to withdraw federal funding from entities that violate civil rights legislation.

For instance, in a case from 2024, the Office of Civil Rights investigated an unnamed school district after a transgender middle school student reportedly experienced ongoing harassment, including discrimination toward her restroom use. The district eventually reached an agreement, which included staff training and the student’s inclusion in an LGBTQ outreach committee.