'New day in America': US Department of Education investigates Denver high school's all-gender restroom ...Middle East

DENVER (KDVR) -- The U.S. Department of Education is investigating Denver Public Schools for converting a high school girls' restroom into an all-gender restroom, according to a letter sent to Denver Public Schools Superintendent Alex Marrero.

The letter cites a parent of a 14-year-old female East High School student who stated concerns over the high school converting a girls' restroom into an all-gender restroom during a Jan. 9 DPS board work session. East High School on its website announced the new restroom Jan. 3, saying the project "reflects our commitment to inclusivity and equity, providing a welcoming space for all students."

The investigation over the restroom comes from the U.S. Department of Education's Office for Civil Rights, which claims the district is "discriminating against its female students by converting a female restroom into an all-gender restroom in its largest high school."

“The alarming report that the Denver Public Schools District denied female students a restroom comparable with their male counterparts appears to directly violate the civil rights of the District’s female students,” said Acting Assistant Secretary for Civil Rights Craig Trainor in a press release announcing the investigation. “Let me be clear: it is a new day in America, and under President Trump, OCR will not tolerate discrimination of any kind. I have directed OCR’s Denver regional office to investigate this matter fully.”

The parent, Lori Ramos, said she was worried girls in the school now only had two dedicated restrooms, while boys have three dedicated restrooms.

Administration has sacrificed the comfort of these young females for this dubious change by now limiting their options . . . . We, as adults, should be protecting students at all costs. Not using minors for this social experiment. This in my opinion is unlawful, immoral and is, in fact, a form of abuse.

East High School officials in its announcement of the restroom said the installation came with lengthening the stall partitions to "ensure comfort and security" for students "who may feel uncomfortable in gender-specific facilities and align with our values of supporting every student."

The federal department cites Title IX of the Education Amendment of 1972 in its announcement of the investigation, saying the regulations state a federal funds recipient “may provide separate toilet, locker room, and shower facilities on the basis of sex, but such facilities provided for students of one sex shall be comparable to such facilities provided for students of the other sex.”

The Department of Education letter states the Office for Civil Rights will contact Denver Public Schools district officials within a week to arrange "next steps in the investigation" and request data and personnel access.

Denver Public Schools said in a statement to the Associated Press that it has not received a formal notice of the investigation into the bathroom conversion at East High School. The district provided a statement about the investigation on Tuesday to FOX31.

This bathroom was added as the result of a student-led process that reflects our commitment to inclusivity and student voice, leadership, and empowerment, providing a welcoming space for all. The all genderlavatory has stalls that are designed for privacy, with 12-foot-tall partitions to ensure the comfort and security of all students who elect to use them. This restroom serves all students, including those who may feel uncomfortable in gender-specific facilities and aligns with our values of supporting every student. The faculty of East High School has developed a plan to supervise and monitor this lavatory, just as they do with all others. Currently, East High School has designated restrooms for male and female students in addition to the all gender lavatory.

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.

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, said that questions over all-gender restrooms 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 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.

Federal investigations in Denver area this month

This is not the first federal investigation to around Denver this month.

Another Colorado school district was also the target of a federal investigation. The Department of Justice under the Biden Administration announced an investigation into Douglas County School District over complaints about racial discrimination, harassment and practices used with disabled students.

On Monday, a House subcommittee launched an investigation into the city of Denver over so-called "sanctuary city status."

That investigation is looking into jurisdictions’ impact “on public safety and the effectiveness of federal efforts to enforce the immigration laws of the United States,” according to a letter from the U.S. House Committee on Oversight and Government Reform sent to Denver Mayor Mike Johnston. 

The Associated Press contributed to this story.

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