The U.S. Department of Education (DOE) this week accused Denver Public Schools (DPS) of violating Title IX by creating all-gender bathrooms and allowing students to use facilities that corresponded with their gender identity rather than their biological sex.

The decision to set up the all-gender restrooms came after the school district remodeled one of East High School’s girls’ bathrooms. The new policy created a restroom on the same floor of the building that did not correspond with biological sex. DPS officials said the move was in keeping with changing standards and denied that the decision was discriminatory.

Federal investigators from the DOE’s Office for Civil Rights (OCR) opened an investigation into the East High School bathroom decision in January after the school announced the change. The agency accused the district of effectively denying students equal access to restroom facilities, creating what it called a “hostile environment.”

OCR Acting Assistant Secretary for Civil Rights Craig Trainor said the process for the new bathroom system “violated Title IX and its implementing regulations by converting a sex-segregated restroom designated for girls in East High School to an ‘all-gender’ facility and by allowing students to use the high school’s intimate facilities on the basis of their gender identity rather than their biological sex.”

The department further accused the district of “adopting policies that endanger student safety, privacy, and dignity” and said the change to the East High School bathrooms was “one of the most extreme examples” of Title IX violations that it had investigated.

Denver Public Schools must now decide whether to accept the terms of a federal resolution plan or risk losing millions of dollars in federal funding.

DOE on Thursday issued the district a proposed resolution with four demands it must meet within the next 10 days to avoid enforcement action. If DPS does not agree to all four terms, it will open the district to federal enforcement, which could include loss of federal funding, under Title IX.

DOE’s resolution proposal would require the school district to:

Rescind all policy changes that led to the creation of all-gender, multi-stall restrooms and return such facilities to single-sex bathrooms only.

Stop policies that allow students to access all-gender restrooms based on gender identity rather than biological sex.

“Define” male and female using “biology-based definitions” and apply those criteria to all Title IX policies and practices at the district.

Send a formal memorandum to all Denver Public Schools “stating unequivocally” that bathroom and facility policies should protect students’ “privacy, dignity, and safety” while remaining “comparably accessible to all students based on their biological sex.”

Denver Public Schools has not publicly responded to the resolution plan but previously said students still had access to both male and female bathrooms in the school, as well as single-stall, all-gender restrooms.

DOE officials have doubled down on the decision to accuse the district of Title IX violations and threats to student privacy and safety.

“Denver is free to endorse a self-defeating gender ideology, but it is not free to accept federal taxpayer funds and harm its students in violation of Title IX,” Trainor said in a statement. “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.”

In a statement to The Federalist, Trainor further explained DOE’s decision, saying, “Such policies – and especially the policy at East High School, where the girls’ bathroom was essentially eliminated – endanger student safety, privacy, and dignity and are in flagrant violation of Title IX and its implementing regulations.”

The decision to accuse Denver Public Schools of Title IX violations is part of a broader trend by the Trump administration to support traditional understandings of gender identity and protect student privacy and safety.

DOE’s resolution plan follows a broader push by the Trump administration to defend traditional definitions of sex and gender. Earlier this year, the president signed an executive order prohibiting transgender girls from playing on women’s sports teams if they do not match their biological sex. Republican lawmakers in Congress also have introduced bills to bar transgender students from using bathrooms and sports teams that correspond to their gender identity.

DOE has filed similar cases against colleges and universities and this week accused George Mason University of discrimination based on unlawful diversity, equity, and inclusion (DEI) policies.

Education Department: George Mason Violated Federal Law With Diversity, Equity, Inclusion Policies

Denver Public Schools has defended its bathroom policy changes, saying the decision was led by students and part of the school district’s efforts to address their needs. The district said bathroom privacy and security are “paramount” and noted the all-gender bathrooms have 12-foot partitions around toilets for privacy and security.

District leaders have previously said students have numerous bathroom options and may use single-stall restrooms if they want more privacy. It is unclear if the district will accept DOE’s resolution plan or continue to challenge its interpretation of Title IX and the need for gender-specific bathrooms.

The district has 10 days to respond to the resolution plan and meet its four demands to avoid enforcement action under Title IX.