Denver Public Schools Under Federal Investigation for All-Gender Bathroom

The United States Department of Education says it has launched an investigation into Denver Public Schools after East High School announced it had opened an all-gender bathroom on campus.

In a January 28 letter addressed to DPS Superintendent Alex Marrero, the USDE accuses the school district of violating the civil rights of students by converting a female bathroom at East High into an all-gender bathroom. Invoking Title IX, a 1972 law that mandates comparable facilities and treatment for males and females in public education, acting USDE assistant secretary for civil rights Craig Trainor says federal investigators will "examine whether the District discriminates against students on the basis of sex by installing multi-stall all gender restrooms in District school facilities."

The investigation was a result of local news reporting, according to the USDE, which cites a 9NEWS article from January 19 about the bathroom. However, DPS officials said the new bathroom was the result of student requests. Denver Public Schools communications director Scott Pribble recently told Westword that students brought the issue to East High administration last year, and  "East leadership responded right away."

After considering building code factors such as fire suppression and smoke alarms, administrators decided to convert the women's bathroom on the second floor into an all-gender bathroom. In a January 14 email to parents of East students, vice principal Jackie Coppola said choosing which bathroom to convert "was made for practical reasons only."
"The restroom is open to all genders. In the case that we receive additional funding, we will consider taking steps to convert a men's restroom into an all-gender restroom as well," her email added.

The bathroom conversion was announced six days before President Donald Trump's inauguration. Shortly after taking office, Trump issued an executive order declaring that the federal government would only recognize two sexes — male and female — and that official travel documents and federal prison assignments should reflect that policy.

Although Trump's order is expected to be challenged in court, it has already had a ripple effect on federal government agencies.

“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,” Trainor says in a statement. “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.”

Trainor was announced as the USDE's acting assistant secretary for civil rights less than a week ago. He previously served as senior special counsel with the U.S. House of Representatives Committee on the Judiciary, which is chaired by far-right Congressman Jim Jordan.

East High won't be the only DPS school under the federal microscope now, either. Pribble had told Westword that the district had two more projects at the new south campus of Denver School Arts and at CEC Early College. According to the USDE, those campuses will also be investigated, although it is unclear if either of those projects involved the conversion of a male or female facility.

According to Trainor, a regional office with USDE's civil rights officer will conduct the investigation, but no timeframe was provided.

In response to an inquiry about the USDE's announcement, Denver Public Schools sent the following statement:

"Earlier today, Denver Public Schools (DPS) was made aware of an investigation opened by the U.S. Department of Education’s Office of Civil Rights into an all gender lavatory recently added at East High School.

This bathroom was added 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. The all gender lavatory has stalls that are designed for privacy, with 12-foot-tall partitions to ensure the comfort and security of all students who elect to use them. This restroom serves all students, including those who may feel uncomfortable in gender-specific facilities and aligns with our values of supporting every student. The faculty of East High School has developed a plan to supervise and monitor this lavatory, just as they do with all others. Currently, East High School has designated restrooms for male and female students in addition to the all gender lavatory.

It is unprecedented for the Office for Civil Rights to admittedly initiate its own investigation, into a single bathroom, as a result of local media coverage rather than in response to a filed complaint requesting their involvement.

DPS is committed to educational equity, and we will continue to honor the needs of our students."

See the public letter below.