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Denver Public Schools Superintendent Alex Marrero said Friday that the Trump administration is pushing “an anti-trans agenda through the weaponization of Title IX,” a federal law the administration says DPS violated when it converted a girls’ restroom to an all-gender one.
“They have claimed Title IX prohibits the conversion of a girls’ restroom to an all-gender restroom,” Marrero said in a statement. “They now claim Title IX prohibits the use of any multi-stall, all-gender restroom. This has never been true; it remains untrue today.”
Marrero’s comments come one day after the U.S. Department of Education’s Office for Civil Rights announced that DPS’ restroom conversion at East High School violated Title IX, which prohibits sex-based discrimination. Officials with the Office for Civil Rights said that the all-gender restroom at East High places a burden on girls to seek a single-sex restroom elsewhere, and that DPS is endorsing “a self-defeating gender ideology.”
Marrero strongly disagreed.
“To our LGBTQ+ students, families, and supporters, we see you, and we will not stand for these attempts at your erasure,” Marrero said.
However, Marrero did not say whether or not DPS will comply with the Office for Civil Rights’ demands, which include reverting the district’s all-gender restrooms to single-sex restrooms. A DPS spokesperson said, “We are still looking at our options.”
The U.S. Department of Education did not immediately respond to a request for comment on Marrero’s statement.
DPS’ federal funding could be at risk. The U.S. Department of Education recently sanctioned five Virginia school districts that it found to be violating Title IX for allowing students to use restrooms and locker rooms that align with their gender identity. All federal funding for those districts — a total of more than $50 million — will now be distributed by reimbursement only, meaning the districts will have to pay those expenses up front.
Nearly 7% of Denver Public Schools’ budget last year, or about $96 million, was federal funding, according to district budget documents.
The Office for Civil Rights on Thursday gave DPS 10 days to agree with a proposed resolution.
In addition to reverting all restrooms to single-sex, the proposed resolution would require the district to rescind any policies that allow students to use restrooms based on their gender identity, adopt “biology-based” definitions for “male” and “female,” and issue a memo to all schools saying they “must provide intimate facilities that protect the privacy, dignity, and safety of its students and are comparably accessible to each sex.”
In his statement, Marrero said the language proposed by the Office for Civil Rights is “the dangerous rhetoric and definitions of their administration.”
“We will protect all of our students from this hostile administration while we continue to raise the bar on achievement,” Marrero said.
The investigation into the all-gender restroom at East High was the first Title IX investigation launched by the Office for Civil Rights in Trump’s second term. Using a disputed interpretation of the law, his administration has used Title IX to challenge transgender rights policies in schools.
A January letter from federal officials to Marrero cited a 9News story about East High converting a girls’ restroom into an all-gender restroom. At the time, DPS said it was “unprecedented” to initiate an investigation based on a news story. The district said East High’s all-gender restroom was added at the request of students and has 12-foot-tall partitions to ensure privacy.
This month, East High opened a second all-gender restroom, Chalkbeat reported. The second one was formerly a boys’ restroom, and DPS said it added it in an attempt to address any disparity. But the Office for Civil Rights said on Thursday that the second conversion did not fix the situation “because males are still allowed to invade sensitive female-only facilities.”
Marrero said that reasoning is a shift in the Trump administration’s legal theory. He also criticized the investigation itself.
“While they label this a ‘directed investigation,’ make no mistake: there was no on-site review, not a single witness interview was ever conducted, and not one substantive conversation with any OCR attorney ever occurred,” Marrero said.
“The district’s requests for conversation, clarification, mediation, and discussion of remedies all went unanswered,” he said. “This is unprecedented behavior from an OCR we no longer recognize.”
Melanie Asmar is the bureau chief for Chalkbeat Colorado. Contact Melanie at masmar@chalkbeat.org.
