The U.S. Department of Education determined Thursday that Denver Public Schools violated Title IX, a federal education law barring discrimination on the basis of sex, by implementing all-gender bathrooms and allowing students to use facilities that align with their gender identity instead of their biological sex.

The Office for Civil Rights in the Education Department began an investigation into the Denver district in January, after officials at East High School in the district replaced a girls’ restroom with an all-gender facility. District officials said the change was made to create an environment where students could safely and comfortably use the restroom that corresponded with their gender identity. But they also said it violated federal Title IX rules.

The district converted a girls’ restroom to an all-gender restroom but did not make a similar change to the boys’ restroom on the same floor. The district said its decision was the result of a student-driven process and that privacy and security were important parts of the decision. The district redid the bathroom with 12-foot-tall partitions that surround toilets to create privacy and safety, district officials said.

The Department of Education’s investigation concluded that the district’s move violated Title IX. “By its actions, the district created and maintained conditions that effectively denied students access to certain restrooms that were available to students of the opposite biological sex and created a hostile environment,” said the department in a statement.

East High School later opened a second all-gender restroom on the same floor as the original as officials sought to address concerns around equity and fairness. District officials have also said that the school still has boys and girls bathrooms as well as all-gender, single-stall bathrooms.

Resolution Plan Issued by Federal Government

Denver Public Schools received a proposed resolution on Thursday with four conditions the district will need to meet within 10 days to avoid enforcement action.

The proposed resolution includes conditions that:

• Require the district to stop designating any all-gender multi-stall restrooms and instead redesignate them as sex-segregated facilities.
• Require the district to immediately end policies that permit students to use different bathrooms based on their gender identity rather than their biological sex.
• Require the district to adopt and apply “biology-based definitions of ‘male’ and ‘female’ in its policies, practices, and interpretations in connection with its application of Title IX.”

Require the district to provide a memorandum to all schools “stating the plain truth that bathrooms and intimate facility policies and practices must ensure the privacy, dignity, and safety of all students, and must be available to students of each biological sex on a comparably accessible basis.”

If the district chooses not to accept the terms of the proposed resolution, the department could take enforcement action, including termination of federal funds.

Safety and Privacy Reasons Cited

Acting Assistant Secretary for Civil Rights, Craig Trainor, said in a statement that the district’s decision made students less safe and violated federal rules.

“Denver Public Schools made choices that endanger student safety, privacy, and dignity. By converting a sex-segregated restroom in East High School to an ‘all-gender’ restroom and allowing students to use the school’s intimate facilities on the basis of their gender identity rather than their biological sex, DPS violated Title IX and its implementing regulations,” said Trainor.

“DPS is free to embrace an ideologically self-defeating definition of ‘gender’ but is not free to keep taxpayer-funded dollars flowing from the federal government and harm its students in defiance of Title IX,” Trainor continued. “The Trump Administration will not tolerate local school districts and policymakers that welcome the ideological fanatics and destructive policies that sully and undermine students’ educational experiences with sex discrimination.”

Denver Public Schools Response to Decision

The district has said its decision to create all-gender bathrooms and allow students to choose the bathroom that fit with their gender identity was made after hearing from students who said it was a priority for them. Officials said students have an option that makes them feel comfortable, safe, and private while also addressing their needs.

The district has yet to publicly respond to the department’s latest decision but has said students still have a range of options, including single-stall restrooms for students who need more privacy.

Part of National Debate Over Gender Identity

The decision in Denver is one of many around the country involving rules regarding gender identity and schools. In March, President Donald Trump signed an executive order that bans transgender girls from competing on sports teams at schools that do not align with their biological sex.

Congressional Republicans also have proposed legislation that would bar transgender students from using the bathroom that aligns with their gender identity or from playing on sports teams at school. Republicans in Congress have also looked to place limits on transgender student-athletes, including a measure to bar athletes from using locker rooms that do not align with their sex on their birth certificate.

The Education Department has pursued cases related to how schools and universities approach gender in multiple circumstances. This week, the department said George Mason University broke federal law when it implemented diversity, equity, and inclusion practices in violation of Title VI.

What’s Next in Denver

Denver Public Schools could accept the resolution and meet the four conditions the Education Department laid out or refuse and face potential enforcement action, including termination of federal funds.

The district has 10 days to respond to the findings.