by Denver, CO – Denver Public Schools (DPS) pushed back Friday against a U.S. Department of Education finding that its all-gender bathrooms violate Title IX protections against sex-based discrimination, accusing the federal government of promoting an “anti-trans agenda.”
The dispute centers on multi-stall, all-gender bathrooms in DPS schools, which the Trump-era Office for Civil Rights flagged as unlawful under Title IX. Denver school officials, however, argued that the department cited no statutes or legal precedent to justify the claim.
“We will protect all of our students from this hostile administration while we continue to raise the bar on achievement,” Denver Public Schools said in a statement.
Background on the All-Gender Bathroom Controversy
The investigation began after East High School converted a girls’ restroom into an all-gender facility in January 2025, following a student-led initiative. To ensure privacy and security, the bathroom featured 12-foot (3.6-meter) tall partitions.
A second all-gender restroom was later added on the same floor to address concerns about fairness among students. The U.S. Department of Education objected to the conversion and issued a warning that federal funding could be withheld if DPS did not reverse the changes within 10 days. The department also suggested rescinding any policies that allow students to use bathrooms based on gender identity rather than biological sex.
Despite the federal warning, DPS has not decided whether to convert the all-gender bathrooms back to separate boys’ and girls’ restrooms, according to spokesperson Scott Pribble.
Denver Schools Respond
The district criticized the federal probe, saying investigators never inspected the bathrooms or interviewed students as part of the review. Attempts by DPS to discuss remedies were reportedly ignored.
DPS emphasized its commitment to supporting LGBTQ+ students, families, and allies, stating that protecting all students remains a top priority, even amid federal scrutiny. The district receives approximately $10 million in federal funds annually, which represents less than 1% of its $1.5 billion budget, giving DPS limited leverage over federal pressure.
Broader National Context
The Trump administration initiated around two dozen investigations into transgender policies in schools, covering sports participation, locker room access, and bathrooms. According to The Hechinger Report, roughly half of these investigations specifically examine bathroom usage policies in districts across Virginia, Kansas, Washington state, and Colorado.
Advocates for LGBTQ+ rights argue that attacks on all-gender bathrooms are part of a broader campaign to restrict transgender students’ rights. Conversely, opponents claim that allowing all-gender bathrooms violates protections for students based on biological sex.
The Legal Debate
At the heart of the dispute is Title IX, the federal law that prohibits sex-based discrimination in education. DPS maintains that its policies do not discriminate against any students and that all-gender bathrooms are intended to promote equity and safety for transgender and nonbinary students.
Legal experts note that the case reflects a larger national debate over how Title IX applies to transgender students. Courts and federal agencies have offered conflicting interpretations, creating uncertainty for school districts nationwide.
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Looking Ahead
Denver Public Schools has pledged to evaluate next steps carefully while maintaining support for students of all gender identities. The situation also highlights the challenges school districts face in balancing federal oversight with local initiatives aimed at inclusion and equity.
“We remain committed to our students and families and will continue to ensure safe and equitable learning environments,” DPS said.
As the federal government continues its investigations, Denver’s case may influence future policies for K-12 schools nationwide on all-gender bathrooms, locker rooms, and transgender student rights.
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