Sept. 2, 2025

On August 28, The U.S. Department of Education, Office for Civil Rights (OCR) emailed Denver Public Schools a letter of findings. The letter stems from a directed investigation launched in January that alleges the District violated Title IX by creating a multi-stall, gender-neutral restroom at East High School.

What is striking about OCR’s process is what they did not do. They did not visit East High School. They did not interview students, staff, or community members. They did not independently verify the claims they now cite. Instead, they issued conclusions using an approach that departs from established investigative practice and advances an inscrutable interpretation of Title IX.

The Denver Public Schools Board of Education and administration are united in disagreeing unequivocally with these findings. Title IX permits schools to provide sex-separate restrooms. It does not require that to be the only option. The interpretation put forward by OCR would undercut our equity commitments, contradict our mission, harm the very students we are entrusted to support and would have a devastating impact on the East High School and the broader LGBTQ+ community. What matters most is that students are safe, have privacy, and can learn without fear.

It is our responsibility to provide Denver scholars with educational opportunities that will accelerate their success in whatever they choose to pursue after graduation. Part of that is ensuring that we foster safe and welcoming learning environments for all students. When students feel a sense of belonging at school, they can focus on their growth and learning, enabling them to pursue their passions and acquire the skills necessary to achieve, to attain their dreams.

The decision to implement gender-neutral restrooms at East followed direct feedback from LGBTQ+ students who reported they did not feel safe. For these students, access to a restroom where they feel secure is not symbolic. It is about dignity, health, and the ability to learn. When students speak, we listen and we act.

Recent public statements from federal officials have framed districts like ours as advancing ideology. That framing does not reflect the lived experience of Denver students and educators. At East and all schools, we have focused on ensuring that every child who walks through our doors is safe, respected, and ready to learn. The gender-neutral restrooms at East High School are not performative virtue signaling. We will continue to advocate for our students and staff. Our values remain unchanged. Every facility and every program in DPS will continue to prioritize equity, privacy, and respect every school day. Our students, especially those most vulnerable, deserve nothing less.

Please rest assured that while we determine next steps, our values remain unchanged. We will continue to ensure that all District facilities and educational programs provide comparable and equitable access, maintain strong privacy protections, offer clear reporting paths, and foster respectful learning environments for all students, including our LGBTQ+ students, in accordance with Colorado law and District policy.

As a Board and administration, we are united. Denver Public Schools will always be a place where every student is welcomed, affirmed, and supported to pursue their goals and dreams.  

If you have questions or need support, please contact your school leader or our Family and Community Engagement team.

Sincerely,

The Denver Public Schools Board of Education