Trump Admin Opening Investigation Into Denver School for ‘Transitioning’ Female Restroom to All-Gender Space

The Trump administration is investigating Denver public schools for failure to comply with Title IX after its largest high school converted a female bathroom to a bathroom open to all students.

Because of the conversion, East High School, the largest high school in the Denver Public Schools District, has a bathroom for male students on its second floor but not one for female students, according to a news release posted on the Department of Education website.

The release said that the investigation by the Office for Civil Rights is designed to protect the rights of female students.

“Title IX of the Education Amendment of 1972 and its implementing regulations are clear: A recipient of federal funds, like the district, ‘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 release said.

“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,” Acting Assistant Secretary for Civil Rights Craig Trainor said.

“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,” he said.

The administration is acting in response to complaints expressed publicly.

A letter to the school district said, “An East High School parent told the District school board during its January work session: ‘[The] Administration has sacrificed the comfort of these young females for this dubious change by now 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.”

“OCR will initiate an investigation whenever a report, complaint, or other information indicates a possible failure to comply with the laws and regulations enforced by OCR,” the letter said.

The letter said the investigation will look at more than just one school

“OCR’s directed investigation will examine whether the District discriminates against students on the basis of sex by installing multi-stall all gender restrooms in District school facilities, in violation of Title IX and its implementing regulations,” the letter said.

On Friday, the Department of Education notified schools that it will be enforcing the meaning of Title IX that pre-dated the Biden administration, according to a release on the department’s website.

“The department will return to enforcing Title IX protections on the basis of biological sex in schools and on campuses. Returning to the 2020 Title IX Rule also ends a serious threat to campus free speech and ensures much stronger due process protections for students during Title IX proceedings,” the release said.

“The Biden Administration’s failed attempt to rewrite Title IX was an unlawful abuse of regulatory power and an egregious slight to women and girls. Under the Trump Administration, the Education Department will champion equal opportunity for all Americans, including women and girls, by protecting their right to safe and separate facilities and activities in schools, colleges, and universities,” Trainor said.

The letter noted that a January federal court decision casting out the Biden administration’s effort to include “gender identity” as the basis for enforcing Title IX instead of a student’s gender at birth and an executive order from President Donald Trump were the legal basis for the department’s action.

According to the Denver Post, the school district stood by its actions, which took place over winter break.

The district said the conversion took place “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.”

“This restroom serves all students, including those who may feel uncomfortable in gender-specific facilities and aligns with our values of supporting every student,” district representative Scott Pribble said in a statement.

In 2020, the district required all schools to have at least one all-gender bathroom.

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