DOE vs. Denver: Bathroom Policies Test Limits of Title IX

DOE vs. Denver: Bathroom Policies Test Limits of Title IX
  • calendar_today August 30, 2025
  • News

The U.S. Department of Education on Thursday said Denver Public Schools violated Title IX by setting up all-gender bathrooms and allowing students to use whatever facility matched their gender identity instead of their biological sex.

A department investigation initiated in January found that East High School officials had converted a girls’ restroom to an all-gender bathroom in a move that clashed with federal policies and Title IX standards.

The department found the district created a “hostile environment” and denied equal access by permitting gender identity as the basis for bathroom use.

Federal Resolution Plan Sent to District

The Education Department sent Denver Public Schools a proposed resolution plan that requires the district to redesignate the all-gender bathroom back to a sex-specific facility and address other compliance issues within 10 days.

Failure to reach an agreement could prompt enforcement action, including loss of federal funds.

The resolution plan would:

Require Denver to redesignate all all-gender, multi-stall restrooms as single-sex restrooms.

Stop policies allowing students to access restrooms, locker rooms, and shower facilities based on gender identity.

Use “biology-based definitions” of “male” and “female” in all Title IX policies.

Send a memo to schools saying bathrooms must be comparable in access, and protect students’ privacy, dignity, and safety.

Students ‘Sex Discriminated Against,’ Officials Say

Acting Assistant Secretary for Civil Rights Craig Trainor said in a statement the district “sex discriminated against students in clear violation of Title IX” and said the department would not allow federal funds to “facilitate this abuse of students.”

Trainor called the district’s decision a move that “endanger student safety, privacy, and dignity” while also restricting access to bathrooms for some students.

The federal official went on to call the district’s policies an example of a “self-defeating gender ideology.”

“The Trump Administration will work relentlessly to hold accountable school districts that harbor the ideological fanatics and policies that sully students’ educational experience with sex discrimination,” he said.

‘Student-Led’ Bathroom Process Defended by District

District officials said the decision was a part of a student-led process that sought to create new bathrooms to accommodate student needs.

Denver Public Schools noted the all-gender restrooms feature 12-foot-tall partitions around toilets for privacy and safety.

District leaders have not yet publicly commented on the department’s most recent findings but previously said students had multiple bathroom options, including single-stall, all-gender restrooms, if they wanted additional privacy.

Schools: Part of Larger National Discussion

The dispute with the Education Department in Denver has come as federal officials have looked into a number of gender policies around the country.

In March, President Donald Trump signed an executive order that blocks transgender girls from playing on girls’ sports teams if their birth certificate does not match the sex on their high school records.

The Education Department has also weighed in on transgender student policies, like at George Mason University earlier this week over an unlawful DEI plan.

State lawmakers in conservative states have also considered bills to restrict bathroom use and sports team participation for transgender students.