Denver Public Schools defend gender-neutral bathrooms despite threats from Department of Education

EDITOR'S NOTE: After the publication of this story, Denver Public Schools released a statement, which can be read in full at the bottom of this article.

Denver Public Schools says it will fight efforts by the Trump administration to eliminate the presence of gender-neutral bathrooms at East High School.

The U.S. Department of Education this week said the district was in violation of Title IX, which prohibits discrimination on the basis of sex.

When the investigation was originally launched by the Trump administration in January, there was a girl's and a boy's bathroom on the second floor. East had only converted the girl's bathroom to a gender-neutral one. In order to remedy the situation, the school also converted the boy's bathroom, which made all bathrooms on the second-floor gender neutral.

The Department of Education's Civil Rights Office doesn't believe that's a solution. However, students CBS Colorado spoke with don't believe there's a problem.

"It turned into a way bigger deal than it had to," said one student.

"I can choose myself to go or to not go," a student added. "There's also two other bathrooms that are just for male and just for female. It doesn't hurt us in any way, it just helps the students that want it."

CBS Colorado spoke with a number of students as they headed out for lunch Friday afternoon and couldn't find any that had an issue with the bathrooms at East High.

"I think that you would talk to anybody at the school, and they're all okay with it," said one student.

However, The Civil Rights Office says the school received several complaints including from multiple students and parents expressing concerns about sexual assault and privacy.

One student said she understands how people might feel "a little uncomfortable" but believes the school has taken steps to make students feel better.

"East also did make the stall doors longer, and made everything more private to prevent people from feeling uncomfortable."

Some did say there was a bit of an adjustment period when the first bathroom was converted, but that it ultimately brought students closer together.

"When they first put them in, it was confusing," said another student. "I feel like people had time to reflect, and it's gotten more comfortable. The community has changed, and it's just so much more inclusive."

In the meantime, the U.S. Department of Education has proposed a resolution that includes converting bathrooms back to sex-designated bathrooms and rescinding any policies or guidance which allow students to access intimate facilities based on "gender identity," not biological sex. DPS disagrees and some students want the district to stand its ground.

"It's definitely something worth fighting for," one freshman said.

The Civil Rights Office gave DPS 10 days to make changes or risk what they call "enforcement action." DPS, along with state officials, are already saying they don't agree with the federal remedies, so the fight is far from over.

Colorado Gov. Jared Polis told CBS Colorado, "The federal government needs to get out of the bathrooms and instead help all students achieve success by better supporting teachers, students,  and best practices for learning."

Attorney General Phil Weiser also released a statement calling the Education Department's investigation "baseless" and "nothing more than a bullying tactic."

After the publication of this story on Aug. 29, Denver Public Schools released the following statement, in full, on Sept. 2:

On August 28, The U.S. Department of Education, Office for Civil Rights (OCR) emailed Denver Public Schools a letter of findings. The letter stems from a directed investigation launched in January that alleges the District violated Title IX by creating a multi-stall, gender-neutral restroom at East High School.

What is striking about OCR's process is what they did not do. They did not visit East High School. They did not interview students, staff, or community members. They did not independently verify the claims they now cite. Instead, they issued conclusions using an approach that departs from established investigative practice and advances an inscrutable interpretation of Title IX.

The Denver Public Schools Board of Education and administration are united in disagreeing unequivocally with these findings. Title IX permits schools to provide sex-separate restrooms. It does not require that to be the only option. The interpretation put forward by OCR would undercut our equity commitments, contradict our mission, harm the very students we are entrusted to support and would have a devastating impact on the East High School and the broader LGBTQ+ community. What matters most is that students are safe, have privacy, and can learn without fear.

It is our responsibility to provide Denver scholars with educational opportunities that will accelerate their success in whatever they choose to pursue after graduation. Part of that is ensuring that we foster safe and welcoming learning environments for all students. When students feel a sense of belonging at school, they can focus on their growth and learning, enabling them to pursue their passions and acquire the skills necessary to achieve, to attain their dreams.

The decision to implement gender-neutral restrooms at East followed direct feedback from LGBTQ+ students who reported they did not feel safe. For these students, access to a restroom where they feel secure is not symbolic. It is about dignity, health, and the ability to learn. When students speak, we listen and we act.

Recent public statements from federal officials have framed districts like ours as advancing ideology. That framing does not reflect the lived experience of Denver students and educators. At East and all schools, we have focused on ensuring that every child who walks through our doors is safe, respected, and ready to learn. The gender-neutral restrooms at East High School are not performative virtue signaling. We will continue to advocate for our students and staff. Our values remain unchanged. Every facility and every program in DPS will continue to prioritize equity, privacy, and respect every school day. Our students, especially those most vulnerable, deserve nothing less.

Please rest assured that while we determine next steps, our values remain unchanged. We will continue to ensure that all District facilities and educational programs provide comparable and equitable access, maintain strong privacy protections, offer clear reporting paths, and foster respectful learning environments for all students, including our LGBTQ+ students, in accordance with Colorado law and District policy.

As a Board and administration, we are united. Denver Public Schools will always be a place where every student is welcomed, affirmed, and supported to pursue their goals and dreams.