The U.S. Department of Education (DOE) announced Tuesday that it is investigating Denver Public Schools (DPS) for allegedly violating Title IX protections by converting a girls’ restroom at East High School into a multi-stall, all-gender bathroom.
This investigation is part of the broader Trump administration’s efforts to roll back transgender protections.
The Investigation: What Triggered It?
The Office of Civil Rights (OCR) at the Department of Education launched the investigation following a parent’s complaint. The complaint alleged that the restroom conversion may discriminate against female students, potentially violating Title IX, the federal law prohibiting sex-based discrimination in educational settings.
DPS made the change to address overcrowding and convenience issues for students. Scott Pribble, DPS’s director of external communications, stated that single-stall bathrooms previously provided for transgender students were not sufficient, causing delays during passing periods. “Kids were running out of time and being late to the next class,” Pribble said.
The DOE did not cite widespread community objections beyond the parent’s complaint in its press release, but the case highlights a larger cultural debate around gender-inclusive policies in schools.
The Trump Administration’s Stance on Transgender Protections
This investigation comes amid a broader rollback of transgender protections under the second Trump administration. Key actions announced this week include:
1. Executive Order on Gender Recognition
President Trump issued an executive order requiring the federal government to recognize only two genders, aligning legal gender definitions with biological sex at birth. The order reverses previous policies that allowed gender identity recognition across federal programs.
2. Limiting Transgender Health Care Access
Trump issued another executive order stopping the federal government from funding gender-affirming health care. This order affects:
- Federal employee health plans
- Programs under Medicaid, Medicare, and TRICARE (the military’s health care system)
Additionally, the Department of Justice (DOJ) has been instructed to investigate and act against states that support transgender-affirming care and strip custody from parents opposing such care.
3. Military Restrictions on Transgender Individuals
Trump issued an order directing Secretary of Defense Pete Hegseth to revise military policies regarding transgender service members. Key changes include:
- Revising medical standards to restrict gender-affirming treatments.
- Banning “invented and identification-based pronoun usage” within the military.
- Preventing individuals assigned male at birth from using female-designated facilities.
These measures mark a return to pre-2016 policies that restricted transgender individuals from serving openly in the military.
Community and Advocacy Responses
Many LGBTQ+ advocates have strongly condemned the investigation and the recent executive orders. Heidi Beirich, co-founder of the Global Project Against Hate and Extremism, warned that the administration’s actions could lead to discrimination and exclusion across multiple sectors.
“We are going back to the bad old days when LGBTQ+ people were investigated and hounded out of the military,” Beirich said. “This is an authoritarian attack on inclusion, equality, and the very fabric of a democratic military.”
The Broader Debate Over Gender-Inclusive Restrooms
The investigation into DPS is not an isolated case, as debates over gender-inclusive restrooms have intensified across the U.S. Critics argue that such restrooms infringe on privacy and could violate protections for women under Title IX.
However, proponents believe that these restrooms provide safety and dignity for transgender and nonbinary students, ensuring equal access to facilities.
Denver Public Schools has not yet issued a formal response but maintains that its decision to convert the restroom was based on students’ practical needs, not to discriminate or disregard Title IX protections.
The investigation into Denver Public Schools is part of the Trump administration’s broader agenda to restrict transgender rights in education, healthcare, and the military.
As the case unfolds, it may set a legal precedent on how schools across the nation handle gender-inclusive facilities under Title IX. The outcome could have long-lasting implications for transgender students and their rights in educational settings.