Denver Public Schools Violated Title IX, Says Education Department

The Colorado school district has come under scrutiny for allegedly violating Title IX by changing girls’ restrooms to “all-gender” facilities, which allows students to use bathrooms that align with their gender identity.

The Department of Education’s Civil Rights Office (OCR) found that Denver Public Schools (DPS) was breaching Title IX regulations after launching an investigation in January. This inquiry was prompted by a local report indicating that East High School had transformed its girls’ restrooms into multi-stalled “all-gender” toilets, leaving the second floor with only male students using the facilities and no dedicated restrooms for females.

In a statement, Acting Secretary for Civil Rights Craig expressed concern. He indicated that the conversion of designated girls’ toilets into “all-gender” facilities at East High School not only violated Title IX but also endangered the safety and dignity of students. He argued that such actions create a hostile environment and compromise equal access to educational opportunities.

Craig pointed out, “Denver can choose to support controversial gender policies, but it cannot accept federal funds while violating Title IX and jeopardizing student welfare.” He emphasized a commitment to holding school districts accountable for decisions perceived as damaging to students.

In response, the department indicated that DPS may attempt to rectify the situation by turning the boys’ restroom on the second floor into an “all-gender” facility. However, the department underscored that this still wouldn’t resolve the ongoing Title IX violations, as it would allow individuals assigned male at birth to access sensitive spaces meant for females.

Reports indicated that numerous female students expressed discomfort in the shared restrooms, some recounting incidents where boys made them feel uneasy by staring or provoking them. Concerns about privacy were raised, with some students suggesting a need for female staff oversight in these situations.

Additionally, the OCR discovered online materials linked to several school websites titled “Denver Public Schools LGBTQ+ Toolkit.” These documents assert that transgender, non-binary, and gender-nonconforming students have the right to access facilities that correspond to their gender identity.

Craig reiterated that such policies infringe on Title IX by allowing individuals assigned male at birth to enter spaces designated for females, and vice versa.

The OCR has proposed a resolution agreement to DPS, giving the district 10 days to address the violations. Should DPS fail to agree, further enforcement action may be enacted. The resolution would require DPS to redesign the multi-stall “all-gender” restrooms back to segregated facilities and withdraw guidance allowing access based on gender identity.

In a statement, DPS acknowledged receipt of the findings from the Civil Rights Office and is assessing its next steps.

Title IX, part of the 1972 Education Amendments, prohibits any form of gender-based discrimination in educational programs or activities that receive federal funding.