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Education Department Finds Denver Schools Violated Title IX Over All-Gender Restrooms

The department set a 10-day deadline for the district to accept a resolution.

FILE - A bicycle stands in the rack outside East High School, April 17, 2019, in Denver. (AP Photo/David Zalubowski, File)
A cyclist rides past East High School in Denver on Thursday, Aug. 28, 2025. (AP Photo/Thomas Peipert)
East High School's clocktower is seen in Denver on Thursday, Aug. 28, 2025. (AP Photo/Thomas Peipert)
FILE — Denver East High School in Denver on April 17, 2019. (AP Photo/David Zalubowski, File)

Overview

  • OCR concluded Denver Public Schools violated Title IX by converting a girls’ multi-stall restroom at East High into an all-gender facility and by allowing access to intimate spaces based on gender identity rather than biological sex.
  • The proposed agreement would require DPS to revert multi-stall all-gender restrooms to sex-designated facilities, rescind gender-identity access guidance, adopt biology-based definitions of sex, and issue districtwide compliance guidance.
  • The district was told to agree within 10 days or face enforcement, with recent cases indicating potential funding consequences through tightened reimbursement mechanisms.
  • DPS said it is reviewing the findings and next steps, while Superintendent Alex Marrero criticized the action as part of an anti-trans agenda and argued there is no binding authority banning multi-stall all-gender restrooms.
  • The investigation began in January after the girls’ restroom conversion; the district later added a second all-gender restroom on the same floor, and OCR cited student and parent complaints about privacy and safety.