All-gender bathroom at Denver high school under federal investigation

The U.S. Department of Education is investigating a high school in Denver after the school district reportedly allowed an all-gender restroom in the school. 

According to a news release from the Education Department’s office of civil rights, the federal agency is accusing Denver Public Schools of violating a law that bans discrimination on the basis of sex. 

"Let me be clear: it is a new day in America, and under President Trump, (the Office for Civil Rights) will not tolerate discrimination of any kind," Craig Trainor, the acting assistant secretary for civil rights, said in a news release.

FILE - (Photo by Katie Wood/The Denver Post via Getty Images)

What is Title IX? 

The backstory:

Title IX is a 1972 law forbidding discrimination based on sex in education. Linking Title IX to school restrooms appears to be unprecedented, and it marks a sharp departure from the department's investigations under former President Joe Biden.

Biden’s administration interpreted Title IX to include LGBTQ+ protections, though the policy was later overturned by a federal judge.

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The Department of Education investigates thousands of Title IX complaints every year, mostly dealing with athletics. Nearly all cases have been resolved through voluntary resolutions with schools and colleges, though the agency has authority to terminate federal funding for institutions that violate civil rights laws.

What does Denver Public Schools say? 

What they're saying:

In a statement, Denver Public Schools said the bathroom was converted as a result of a student-led process, and it is designed with 12-foot-tall partitions for privacy and security.

"This restroom serves all students, including those who may feel uncomfortable in gender-specific facilities and aligns with our values of supporting every student," said Scott Pribble, a spokesperson for Denver Public Schools. 

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East High School, the school under investigation, also has restrooms for male and female students, Pribble said. 

Big picture view:

Brett Sokolow, the president of the Association of Title IX Administrators, said that questions about the restroom have not yet been tested.

"They are arguing that an all-gender restroom isn’t comparable to a single-gender restroom," Sokolow said. "You’d have to establish that somehow you have a right to a single-sex bathroom, and while the Trump administration may believe that, I don’t know if that will be upheld by the courts."

The Source: This report includes information from the Associated Press. 

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