{"id":3055,"date":"2026-06-30T18:38:28","date_gmt":"2026-06-30T18:38:28","guid":{"rendered":"https:\/\/denvermovingchronicle.com\/?p=3055"},"modified":"2026-06-30T18:38:28","modified_gmt":"2026-06-30T18:38:28","slug":"trump-administrations-title-ix-enforcement-questioned-in-colorado-school-cases","status":"publish","type":"post","link":"https:\/\/denvermovingchronicle.com\/?p=3055","title":{"rendered":"Trump administration\u2019s Title IX enforcement questioned in Colorado school cases"},"content":{"rendered":"
\n

This story was originally published by Chalkbeat. <\/em><\/p>\n

DENVER<\/strong> | An all-gender bathroom in a Denver high school was at the center of the first sex discrimination investigation of the second Trump administration. A year and a half later, the federal Office for Civil Rights has taken no enforcement action.<\/p>\n

Neighboring Jeffco Public Schools, meanwhile, has been threatened with the loss of federal funds after investigators said they found boys\u2019 names on girls\u2019 sports rosters. Citing policies on locker room access and overnight field trips, the Education Department is pursuing enforcement even after the district said the names belonged to managers, trainers, and mascots.<\/p>\n

Documents obtained through public records requests shed new light on how the Trump administration approached the two Colorado cases. Investigations that once might have involved in-depth interviews consisted of email back-and-forths. Inconsistent follow-up left districts unsure what to expect after being found in violation. And the alleged violations of Title IX, the federal law banning sex discrimination, were based on untested interpretations.<\/p>\n

<\/div>\n

\u201cMore aggressive enforcement\u201d could be on the horizon under a new partnership between the Office for Civil Rights and the Department of Justice. That could raise the stakes for school districts and students in how OCR approaches its investigations and arrives at its conclusions.<\/p>\n

\u201cThis is a new way of doing business,\u201d said Seth Galanter, an attorney who worked for OCR under the Obama and Biden administrations and is now a senior fellow at the Edley Center on Law and Democracy at the University of California Berkeley School of Law.<\/p>\n

\u201cThere\u2019s no nuance,\u201d Galanter said. \u201cThere\u2019s no inquiry into whether there\u2019s a hostile environment. They say, \u2018You have a policy, and the policy violated the law and yeah, you\u2019re in trouble now.\u2019 That is not something that prior administrations would have done.\u201d<\/p>\n

OCR is increasingly focused on undoing protections for transgender students through investigations it initiates itself. Amid massive staffing cuts, OCR has dismissed thousands of pending cases, according to a January U.S. Government Accountability Office report. Historically, most OCR cases stemmed from disability discrimination complaints filed by families.<\/p>\n

The federal education department did not respond to requests for comment for this story.<\/p>\n

But in a news release this month, the department claimed the Trump administration has made \u201chistoric progress\u201d in enforcing Title IX.<\/p>\n

\u201cUnder the Trump Administration, no woman or girl will have to fight alone to secure her basic protections, and we will not relent until Title IX is restored to the fullest extent of the law,\u201d Assistant Secretary for Civil Rights Kimberly Richey said in the news release.<\/p>\n

The Trump administration\u2019s first investigation was in Denver<\/strong><\/p>\n

The civil rights office launched its Denver investigation several days after a local television news station aired a story in January 2025 about how the conversion of a girls\u2019 restroom at East High School to a multi-stall all-gender one had \u201ccaused a stir.\u201d<\/p>\n

A district spokesperson said students requested the all-gender restroom.<\/p>\n

\u201cThey were running out of time, being late to the next class because the one or two single stall bathrooms that they had to accommodate this just wasn\u2019t enough for the need that was out there,\u201d spokesperson Scott Pribble told 9News.<\/p>\n

To investigate, OCR sent Denver Public Schools a request for 12 pieces of information, according to documents obtained by Chalkbeat through a public records request. That information included the district\u2019s bathroom policy, a floor plan showing all of the bathrooms at East High, and any complaints the district received about the conversion.<\/p>\n

\u201cTo our knowledge, OCR did not interview any DPS staff,\u201d a DPS spokesperson said.<\/p>\n

Denver provided 17 emails it had received, Pribble said. Nine expressed concern about the restroom, seven were supportive, and one asked for more information, he said.<\/p>\n

The civil rights office also asked for the number of students who were tardy to class because of restroom availability before and after the creation of the all-gender restroom.<\/p>\n

Denver told OCR that it doesn\u2019t track that specific information. But the district did share data showing the total number of tardies at 2,400-student East High went down, not up, after the all-gender restroom was added, the documents show.<\/p>\n

Seven months into the investigation, Denver did something that district officials hoped would neutralize the Trump administration\u2019s claim that the restroom was discriminatory toward girls: It converted a boys\u2019 restroom at East High into another all-gender restroom.<\/p>\n

That didn\u2019t help. Days later, OCR found that Denver had violated Title IX. In an 11-page letter to the superintendent, the federal office wrote that the all-gender restroom \u201chad significant deleterious effects\u201d on students and that East High had received \u201cmany complaints,\u201d including about boys leering at a girl in the bathroom and pounding on the door of a stall. The letter references written complaints but gives no indication investigators spoke with students.<\/p>\n

In a statement to Chalkbeat, Denver refuted that reasoning.<\/p>\n

\u201cThey requested all emails on the topic and made their findings based solely on a handful of negative emails,\u201d a district spokesperson wrote. \u201cThey did not include the comments from positive emails that had also been shared with them.\u201d<\/p>\n

OCR\u2019s findings also appear to have been influenced by outside factors. OCR\u2019s letter included a full page of examples from other states, including a 16-year-old in Minnesota who reported seeing a boy in the girls locker room and a 14-year-old in Wisconsin who said she was \u201cexposed to the genitalia\u201d of a transgender student.<\/p>\n

OCR gave Denver 10 days to revert East High\u2019s all-gender restrooms back to single-sex ones or \u201crisk imminent enforcement action.\u201d That was in August. The district hasn\u2019t complied, nor has it heard anything further from the federal office, a district spokesperson confirmed.<\/p>\n

The administration is threatening funding in neighboring Jeffco<\/strong><\/p>\n

Five months after launching its Denver investigation, OCR turned to neighboring Jeffco Public Schools. The district is home to a politically connected conservative parent group whose founder told local media she shared concerns about district policies with the federal department.<\/p>\n

The Jeffco investigation also came after several families sued the district over its overnight accommodations policy. One family claimed their 11-year-old daughter was assigned to share a bed with a transgender student on an out-of-state trip. The lawsuit is ongoing.<\/p>\n

Just like in Denver, OCR asked Jeffco for 12 pieces of information, including the names and contact information for all sports team coaches, documents obtained in a public records request show. But a district spokesperson said OCR never interviewed anyone in Jeffco, either.<\/p>\n

OCR also asked Jeffco for girls sports team rosters, \u201cidentifying on each such roster any participants who are biologically male.\u201d Jeffco sent OCR the rosters, \u201cincluding the gender provided by students and\/or their families,\u201d the district told Chalkbeat.<\/p>\n

In March, OCR issued a press release that said the rosters indicated \u201cmale students occupy 61 roster positions on girls\u2019 sports teams.\u201d Jeffco serves about 74,000 students.<\/p>\n

A later version of the press release posted on the federal education department\u2019s website walked back that language by adding the words \u201cmay\u201d and \u201cup to.\u201d The department did not answer questions from Chalkbeat about why.<\/p>\n

But Jeffco said recently that the 61 boys on the girls\u2019 rosters were not athletes but \u201cmale managers, trainers, or mascots.\u201d The district said OCR never asked to clarify any of the boys\u2019 roles, and that Jeffco didn\u2019t learn of \u201cthe confusion\u201d until OCR issued its press release.<\/p>\n

\u201cOCR did not engage with District staff whatsoever in the eight months after receiving our data submission \u2014 contrary to the dialogue we would have expected during an investigation under OCR\u2019s own Case Processing Manual,\u201d Jeffco wrote in a letter to the office in early June.<\/p>\n

Jeffco said it has \u201crepeatedly and respectfully\u201d asked OCR to correct the error, but the office has refused. The education department declined to comment on the matter to Chalkbeat.<\/p>\n

The federal civil rights office also asked Jeffco for documentation of instances in which allowing boys to compete on girls sports teams adversely affected female athletes, including any injuries, forfeitures, or cases in which transgender athletes won. Jeffco said it had no such documents.<\/p>\n

As in Denver, OCR found that Jeffco violated Title IX. And similar to Denver, OCR gave Jeffco 10 days to rescind its policies or risk imminent enforcement action. Jeffco didn\u2019t do that. Three months later, on Friday, the education department announced it was making good on its threat.<\/p>\n

Jeffco was anticipating it. On Wednesday, the Jeffco school board held a special meeting to authorize potential legal action, should the federal administration try to withhold funding.<\/p>\n

Melanie Asmar is the bureau chief for Chalkbeat Colorado. Contact Melanie at masmar@chalkbeat.org. Chalkbeat is a nonprofit news site covering educational change in public schools.<\/em>\n<\/p>\n

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