Updated at 5:56 p.m. on Tuesday, Jan. 28, 2025
The U.S. Department of Education’s Office for Civil Rights has launched an investigation into whether a Denver Public Schools high school has converted a girl’s bathroom to one that is for all genders, which it calls “discrimination” against female students.
The investigation, which is not evidence of wrongdoing, is being carried out by the Office for Civil Rights’ Denver regional office.
It is one of the first actions of the new Trump administration directed at the school level as part of its promise to eradicate “woke” ideology.
Why the Office for Civil Rights says the all-gender bathroom violates Title IX
East High School, a large school in central Denver, recently converted a girl’s bathroom into a restroom for all genders. The Office for Civil Rights contends that East High School now has an exclusive restroom for male students and no restroom for female students on its second floor.
Title IX, the federal law prohibiting sex-based discrimination in schools, states that districts “may provide separate toilet, locker room, and shower facilities on the basis of sex, but such facilities provided for students of one sex shall be comparable to such facilities provided for students of the other sex.”
“The alarming report that the Denver Public Schools District denied female students a restroom comparable with their male counterparts appears to directly violate the civil rights of the District’s female students,” said acting assistant secretary for civil rights Craig Trainor. “Let me be clear: It is a new day in America, and under President Trump, OCR will not tolerate discrimination of any kind. I have directed OCR’s Denver regional office to investigate this matter fully.”
In a letter to Superintendent Alex Marrero, Trainor said an East High parent told the district school board during its January work session that the district has sacrificed the comfort of females by limiting their options.
“We, as adults, should be protecting students at all costs. Not using minors for this social experiment. This in my opinion is unlawful, immoral and is, in fact, a form of abuse.”
It states that the district has also installed "multi-stall all gender restrooms” in two other schools, the Denver School of the Arts and CEC early College and those will be part of the investigation.
DPS defends the bathroom, says it was the result of 'a student-led process'
Denver Public Schools responded to the investigation with the following statement:
"Earlier today, Denver Public Schools (DPS) was made aware of an investigation opened by the U.S. Department of Education’s Office of Civil Rights into an all gender lavatory recently added at East High School.
This bathroom was added as the result of a student-led process that reflects our commitment to inclusivity and student voice, leadership, and empowerment, providing a welcoming space for all. The all gender lavatory has stalls that are designed for privacy, with 12-foot-tall partitions to ensure the comfort and security of all students who elect to use them. This restroom serves all students, including those who may feel uncomfortable in gender-specific facilities and aligns with our values of supporting every student. The faculty of East High School has developed a plan to supervise and monitor this lavatory, just as they do with all others. Currently, East High School has designated restrooms for male and female students in addition to the all gender lavatory.
It is unprecedented for the Office for Civil Rights to admittedly initiate its own investigation, into a single bathroom, as a result of local media coverage rather than in response to a filed complaint requesting their involvement.
DPS is committed to educational equity, and we will continue to honor the needs of our students.
One of many executive orders in the president's first two weeks
An executive order on "Gender Ideology" signed in the first week of the new administration mandates that the federal government recognize only two biological sexes: male and female. The order states that "federal funds shall not be used to promote gender ideology," though this has not been defined.
The investigation into East High was announced the same day the new administration put a freeze on federal grants in order to review whether programs align with the new administration's policies. A federal judge in Washington, D.C., blocked the freeze on Tuesday afternoon.
