DENVER — The United States Department of Education will investigate Denver Public Schools after East High School recently installed an all-gender multi-stall restroom, the department announced Tuesday in an email to DPS superintendent Dr. Alex Marrero.
The letter, written by Acting Assistant Secretary Office for Civil Rights Craig Trainor, said the department would investigate to determine if the facility installed in the high school “discriminates against students on the basis of sex,” which would violate Title IX.
“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,” said Trainor in a news release.
Trainor claims East High School’s conversion of an existing girl’s bathroom into the new all-gender restroom leaves male students with an exclusive restroom and none for female students on the second floor.
East High School posted on its website about the new bathroom on Jan. 3, saying that each stall is “designed for privacy, with 12-foot-tall partitions to ensure comfort and security.”
“These restrooms serve those who may feel uncomfortable in gender-specific facilities and align with our values of supporting every student. We’ve developed a plan to supervise, monitor, and maintain cleanliness, just as we do with all restrooms,” the school said in the January post.
Trainor said an East High School parent expressed concern to the school board earlier this month, criticizing the change as uncomfortable for female students and labeling it as unlawful and immoral.
He said he is also aware that the district reportedly installed all-gender multi-stall restrooms in two other schools, the Denver School of the Arts and CEC Early College.
In a statement to Denver7, the district said that the bathroom was a result of a "student-led process that reflects our commitment to inclusivity and student voice, leadership, and empowerment, providing a welcoming space for all."
DPS officials called the investigation "unprecedented."
"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," the DPS statement said. "DPS is committed to educational equity, and we will continue to honor the needs of our students."
Brett Sokolow, the president of the Association of Title IX Administrators, told the Associated Press 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.”
One Colorado, an advocacy group dedicated to advancing equity and freedom for the LGBTQ+ community, spoke with Denver7 after learning about the investigation.
"I don't understand how that could be exclusionary in any way. What's exclusive is saying that those students don't deserve to have a restroom where they feel safe to use," said Nadine Bridges, One Colorado's executive director.
Trainor said his office will begin the investigation after contacting district officials within the next week.
The Associated Press contributed to this report
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