Denver Public Schools violating civil rights with gender neutral bathrooms, feds demand change in 10 days

On Thursday, the U.S. Department of Education Office for Civil Rights (OCR) notified Denver Public Schools that it violates Title IX, which prohibits discrimination based on sex in educational programs or activities receiving federal funding.

The Department stated, "OCR concluded that the District's conversion of sex-separated multi-stall restrooms to 'all-gender' facilities and its policies contained in the "Denver Public Schools LGBTQ+ Toolkit," which allow students to use intimate facilities corresponding to their "gender identity" rather than biological sex, violate Title IX's prohibition against sex discrimination."

The investigation began in January after East High School converted a girls' restroom into an all-gender bathroom. Last week, the district said that it had converted a boys' bathroom to all-gender, saying, "The addition of a second all-gender restroom on the same floor as the first restroom was suggested and paid for by the District to help address the notion of any unfairness or lack of parity across facilities. Students will continue to have access to gender-specific restrooms as well as existing single-stall gender-neutral bathrooms throughout the school."

Acting Assistant Secretary for Civil Rights Craig Trainor said, "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 its announcement, the Department said it was giving DPS 10 days to voluntarily agree to a proposed resolution or risk enforcement action.  DPS is being asked to take the following actions:

• Convert and redesignate all multi-stall restrooms for use by both sexes in any District school back to sex-designated multi-stall restrooms;
• Rescind any policies or guidance which allow students to access intimate facilities based on 'gender identity,' not biological sex (including components of the "Denver Public Schools LGBTQ+ Toolkit");
• Issue a memorandum to all District schools reiterating that schools must provide intimate facilities that protect the privacy, dignity, and safety of its students and are comparably accessible to each sex, and that Title IX compliance ensures female students may not be discriminated against in any education program or activity; and
• Adopt biology-based definitions for the words "male" and "female" in all policies and practices related to Title IX. 

The Department said that the DPS response of converting an additional bathroom to all-gender does not remedy the violation of Title IX "because males are still allowed to invade sensitive female-only facilities." OCR cited complaints from a female using the restroom who said "boys kept staring at her, looking her up and down, kind of taunting her." The female went on to say it made her "very uncomfortable."

DPS said Thursday, "Denver Public Schools has just received the findings from the Office for Civil Rights for case number 08-25-5901 and is determining our next steps."