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Denver's East High School gender neutral bathroom subject of U.S. Department of Education investigation

U.S. Department of Education investigates all-gender restroom at East High School
U.S. Department of Education investigates all-gender restroom at East High School 01:00

An all-gender restroom at East High School in Denver is the subject of an investigation launched by the U.S. Department of Education. Denver Public Schools said the lavatory on the second floor of the school was recently added. 

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The U.S. Department of Education launched an investigation into an all-gender restroom at East High School in Denver.  Denver Public Schools

The Department of Education's Office for Civil Rights said the investigation into the Denver Public Schools District was launched for "discriminating against its female students by converting a female restroom into an all-gender restroom in its largest high school." Investigators said the school now has an exclusive restroom for male students and no restroom for female students on the second floor. 

The investigation cites Title IX of the Education Amendment of 1972 in that, A recipient of federal funds, like the district, "may provide separate toilet, locker room, and shower facilities on the basis of sex, but such facilities provided for students of one sex shall be comparable to such facilities provided for students of the other sex." 

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The interior of the all-gender bathroom on the second floor at East High School.  DPS

"The alarming report that the Denver Public Schools District denied female students a restroom comparable with their male counterparts appears to directly violate the civil rights of the District's female students," said Acting Assistant Secretary for Civil Rights Craig Trainor in a statement. "Let me be clear: it is a new day in America, and under President Trump, OCR will not tolerate discrimination of any kind. I have directed OCR's Denver regional office to investigate this matter fully." 

Denver Public Schools responded to the investigation with the following statement, This bathroom was added as the result of a student-led process that reflects our commitment to inclusivity and student voice, leadership, and empowerment, providing a welcoming space for all. The all gender lavatory has stalls that are designed for privacy, with 12-foot-tall partitions to ensure the comfort and security of all students who elect to use them. This restroom serves all students, including those who may feel uncomfortable in gender-specific facilities and aligns with our values of supporting every student. The faculty of East High School has developed a plan to supervise and monitor this lavatory, just as they do with all others. Currently, East High School has designated restrooms for male and female students in addition to the all gender lavatory.

It is unprecedented for the Office for Civil Rights to admittedly initiate its own investigation, into a single bathroom, as a result of local media coverage rather than in response to a filed complaint requesting their involvement.

DPS is committed to educational equity, and we will continue to honor the needs of our students.

The U.S. Department of Education letter sent to DPS Superintendent Dr. Alex Marrero is below.

East High School has been operating in Denver for 150 years. Its current building opened in 1924 on the campus bordered by Colfax and 17th avenues and Josephine and Detroit streets, near Denver's City Park. 

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East High School in Denver  CBS
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