The U.S. Department of Education released a statement Thursday declaring that Denver Public Schools (DPS) violated Title IX, the federal civil rights law banning sex discrimination in schools, by implementing all-gender bathrooms on campus.

The federal agency’s Office for Civil Rights opened an investigation into the district in January after East High School changed a female restroom into an all-gender facility. In a letter to the district on Thursday, federal officials maintained that the change put DPS in violation of federal Title IX regulations.

East High to Open ‘All-Gender’ Bathroom

District officials stated that all-gender bathrooms were created in an effort to allow students to use facilities corresponding to their gender identity, rather than their biological sex. When the district redid the bathrooms at East High School, officials stated it followed a student-led process.

The updates to the bathroom at East High included creating a new all-gender restroom while leaving another restroom on the same floor designated for boys. The all-gender restroom updates included 12-foot-tall partitions around toilets to increase privacy and security, district officials said.

Federal Government Details Resolution Plan

Thursday’s resolution letter from the Education Department’s Office for Civil Rights said that the district now has 10 days to either accept the conditions outlined in the resolution or provide feedback. Acceptance of the proposed resolution would mean that DPS would need to change its policies without any federal enforcement measures.

In the proposed resolution, the department stated that the district would need to:

Immediately redesignate all all-gender multi-stall restrooms as sex-segregated restrooms.

Immediately rescind policies, practices, and procedures that permit students to use the district’s intimate facilities on the basis of their gender identity rather than their biological sex.

Immediately adopt biology-based definitions of “male” and “female” in all policies, practices, and procedures that receive, consider, and respond to Title IX sexual harassment and other sex-based misconduct allegations.

Issue a memorandum to all schools, staff, and students within five days that states that all bathrooms provide privacy, dignity, and security to students and are comparably available to both sexes.

If the district fails to accept the resolution, the Education Department could pursue enforcement action, potentially stripping the district of federal funding.

Federal Officials Stated Bathroom Violates Privacy and Safety

Federal officials maintain that the decision to create all-gender bathrooms on campus, along with allowing students to use whichever bathroom they choose based on gender identity, violates student privacy and safety.

Acting Assistant Secretary for Civil Rights, Craig Trainor, said in a statement that decisions like the one made in DPS “endanger student safety, privacy, and dignity.”

“Denver Public Schools violated Title IX and its implementing regulations by converting a sex-segregated restroom designated for girls in East High School to an ‘all-gender’ facility and by allowing students to use the high school’s intimate facilities on the basis of their gender identity rather than their biological sex,” Trainor continued.

“In a series of farcical statements, DPS has acted shamefully, shamelessly, and cynically to advance a far-left, political, and activist agenda that is entirely divorced from science and from what the overwhelming majority of the American people want,” he added. “Denver is free to endorse a self-defeating gender ideology, but it is not free to accept federal taxpayer funds and harm its students in violation of Title IX.”

The Trump administration has been known to push back against district’s bathroom and gender identity policies. In February, Education Secretary Betsy DeVos said schools could not use federal Title IX funding to block girls from using locker rooms and bathrooms designated for their biological sex.

Federal officials cited the creation of the second all-gender bathroom to balance access for students as a partial reason for DPS’s decision to remain in compliance with Title IX. District officials also noted that students still have access to single-stall all-gender bathrooms and facilities that are gender-specific on campus.

Denver Public Schools Pushes Back

The district has previously stated it will fight the federal government’s decision on the grounds that the changes were student-led and meet federal standards. The district had previously maintained that the updated bathrooms were installed to meet student needs and included privacy and security features.

Denver Public Schools has not yet issued a public statement on the department’s latest decision but previously stated it offered a variety of bathroom options, including single-stall restrooms for students who need additional privacy.

Conflicts Arise as Battle Over Gender Identity Escalates

The dispute is the latest in a growing national conflict over transgender and gender identity in public schools. In February, President Donald Trump signed an executive order banning transgender girls from competing on girls’ sports teams unless they do so in line with their biological sex.

Members of Congress, particularly Republicans, have also introduced measures to limit the rights of transgender students on sports teams and in restrooms. One bill would require students to use bathrooms and changing facilities consistent with their biological sex.

Education Department has Pushed Back on DEI Initiatives in K-12

Education Department officials have also increased efforts to look into policies related to gender identity in schools and universities. In July, the department released guidance saying it would enforce laws mandating equal athletic opportunities for both sexes in high school and college sports programs.

Just this week, the Education Department’s Office for Civil Rights said that George Mason University violated Title VI by using unlawful practices when implementing diversity, equity, and inclusion (DEI) initiatives on campus.

What Could Happen Next

The next step is up to DPS. The district now has 10 days to either accept the terms of the federal government’s resolution plan or provide feedback and move forward with enforcement.

If DPS decides to keep its all-gender bathroom policies in place, the district may face enforcement actions from the Education Department, which could lead to losing federal funds.