The U.S. Department of Education has opened an investigation into Denver Public Schools for replacing women’s toilets with “all-gender facilities”.
The Office for Civil Rights of the Education Department announced on Tuesday that it would investigate the Denver Public Schools district for allegedly discriminating against its female students by converting a women’s bathroom into an “all gender” bathroom in one of its biggest high schools.
In a letter sent to the city superintendent, Craig Trainor, acting assistant secretary for civil rights, wrote: “As a consequence of this decision East High School has only one restroom on its second floor for male students. There is no bathroom for female students.”
According to OCR, the school district has also installed all-gender bathrooms at the Denver School of the Arts, and CEC Early College which both serve grades 6-12.
In the letter, a parent from East High School claimed that during a meeting of the school board the district “had sacrificed the comfort and options for these young girls by now restricting their choices.”
OCR warned these facilities that they could be in violation of Title IX regulations, which prohibit discrimination based on sex “in any education program or activities operated by a Department recipient of federal financial aid.”
Trainor stated in a release that “the alarming report” that Denver Public Schools District refused to provide female students with a bathroom comparable to their male counterparts, appears directly to violate the civil rights of the District’s female students. “Let me make it clear: It is a new era in America and OCR, under President Trump, will not tolerate any form of discrimination. I have instructed OCR’s Denver Regional Office to fully investigate this matter.”
In a statement, a Denver Public Schools spokesperson confirmed that they were aware of the investigation. They also added that the facility, which is all-gender, was the result “of a student-led, inclusive process, reflecting our commitment to student voice, empowerment, and leadership.”
“This restroom is for all students. It includes those who might feel uncomfortable using gender-specific facilities. It also aligns with the values we hold of supporting each student. East High School faculty has created a plan for monitoring and supervising this restroom, as they do all the others. East High School currently has separate restrooms for female and male students, in addition to a lavatory that is open to both genders,” read the statement.
The Office for Civil Rights admitted that it was unprecedented for them to initiate their investigation into a single restroom as a result of local media coverage, rather than as a response to a complaint filed requesting their involvement.