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DPS Letter

The U.S. Department of Education's Office for Civil Rights is initiating a directed investigation into Denver Public Schools regarding the conversion of a girls' restroom at East High School to a multi-stall all-gender restroom, which has raised concerns about discrimination against female students. The investigation will assess potential violations of Title IX, which prohibits sex discrimination in educational programs. OCR will contact District officials shortly to outline the next steps in the investigation process.

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0% found this document useful (0 votes)
18K views2 pages

DPS Letter

The U.S. Department of Education's Office for Civil Rights is initiating a directed investigation into Denver Public Schools regarding the conversion of a girls' restroom at East High School to a multi-stall all-gender restroom, which has raised concerns about discrimination against female students. The investigation will assess potential violations of Title IX, which prohibits sex discrimination in educational programs. OCR will contact District officials shortly to outline the next steps in the investigation process.

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msolomon2
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UNITED STATES DEPARTMENT OF EDUCATION

OFFICE FOR CIVIL RIGHTS

January 28, 2025

Dr. Alex Marrero


Superintendent
Denver Public Schools

sent via E-mail

OCR Case Number 08-25-5901

Dear Dr. Marrero:

The United States Department of Education (Department), Office for Civil Rights (OCR), hereby
informs you that it is initiating a directed investigation of Denver Public Schools (District).
According to recent local reporting, the District converted a girls’ restroom in East High School
to a multi-stall all gender restroom. 1 As a result, East High School now has an exclusive
restroom for male students and no restroom for female students on its second floor. 2

An East High School parent told the District school board during its January work session:

[The] 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. 3

Local reporting also reveals that the District has installed multi-stall all gender restrooms in two
other schools, the Denver School of the Arts and CEC Early College. 4

Pursuant to its regulatory authority set forth in 34 C.F.R. § 104.61, OCR will initiate an
investigation whenever a report, complaint, or other information indicates a possible failure to
comply with the laws and regulations enforced by OCR.

OCR enforces Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. §§ 1681 et
seq., and its implementing regulations, which prohibit discrimination on the basis of sex in any
education program or activity operated by a recipient of federal financial assistance from the
Department. As a recipient of federal financial assistance from the Department of Education, the
District is subject to Title IX.

400 MARYLAND AVE. SW, WASHINGTON, D.C. 20202-1100


www.ed.gov

1
Rachel Krause, DPS converts girls bathroom to all-gender facility amid student requests at East High School, 9NEWS
(Jan. 16, 2025), available at https://www.9news.com/article/news/local/dps-creates-all-gender-bathroom-east-high-school/73-
652a5847-e7af-4362-9b1e-d85dca7dd992.
2
Id.
3
Id.
4
Id.
OCR’s directed investigation will examine whether the District discriminates against students on
the basis of sex by installing multi-stall all gender restrooms in District school facilities, in
violation of Title IX and its implementing regulations. Be advised that OCR’s initiation of a
directed investigation is not itself evidence of wrongdoing.

The OCR Denver regional office will conduct this directed investigation. OCR will contact
District officials within a week of the date of this letter to arrange for the next steps in the
investigation, including requesting access to data and personnel.

Sincerely yours,

/s/

Craig Trainor
Acting Assistant Secretary
Office for Civil Rights

400 MARYLAND AVE. SW, WASHINGTON, D.C. 20202-1100


www.ed.gov

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