DENVER (ABPI News) – The U.S. Department of Education said Thursday that Denver Public Schools (DPS) broke Title IX, the federal law prohibiting discrimination based on sex, when the district implemented all-gender bathrooms that let students use restrooms and locker rooms based on their gender identity rather than their biological sex.

The probe, which was opened in January by the federal department’s Office for Civil Rights, centered on Denver’s East High School after DPS changed the designation of a girls’ restroom to an all-gender facility. The department said the move violated federal policies under Title IX.

District officials previously changed a girls’ bathroom into an all-gender facility but left the restroom next door on the same hallway a male-designated restroom. District leaders have said the decision came after a student-led process and said they prioritized student privacy and security by using 12-foot-tall partitions on the toilets in the bathroom.

But the move was found to be a violation of Title IX. In a statement, Acting Assistant Secretary for Civil Rights, Craig Trainor, said the district’s decision created “unequal access to bathrooms and changed the educational environment in a way that discriminated against students on the basis of sex in violation of Title IX,” according to The Washington Post.

In response to the change, a second all-gender restroom was placed on the same hallway to make access to bathrooms equal for everyone. District officials have also said that students still have access to male- and female-designated bathrooms and also single-stall, all-gender restrooms throughout the school.

In a letter to the district, the Department of Education provided a resolution agreement with four conditions the district would need to comply with in 10 days. The department warned that DPS could face enforcement action if they do not accept the resolution plan, which could lead to federal funding cuts.

The resolution requires the district to:

Change the designation of all all-gender multi-stall restrooms back to either male- or female-only.

Remove policies that allow students to use a bathroom that is not connected to their biological sex.

Provide “biology-based definitions” of the terms “male” and “female” for use in the district’s Title IX-related policies.

Send out a memorandum to schools that says bathrooms should ensure the privacy, dignity, and security of students. They should also be equally accessible to both male- and female-designated bathrooms.

The resolution plan was sent as a draft to Denver Public Schools on Thursday, so officials have 10 days to either accept the terms of the resolution or push back on the plan, as a deadline is set for Aug. 12.

If the district does not accept the terms of the plan, they could face enforcement action, which could include losing federal funding.

In the statement, Trainor went on to say that the district’s decision to have all-gender bathrooms created a “hostile environment for students” and “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 said.

“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,” Trainor continued. “The Trump Administration will work relentlessly to hold accountable school districts that harbor the ideological fanatics and policies that sully students’ educational experience with sex discrimination.”

The district has continued to stand by its decision to change its bathroom policies to an all-gender system. Leaders have said the new bathrooms came after the students requested changes to the system. Officials have also said privacy and security measures are taken into consideration when students use the restroom.

The district has not publicly responded to the department’s findings but previously said that students still have a number of restroom options, including single-stall restrooms for students who may want extra privacy.

This issue comes as schools have been on the front lines of a national debate on policies for transgender students. Earlier this year, President Donald Trump signed an executive order blocking transgender girls from playing on sports teams that do not match their biological sex.

Congressional Republicans have also made moves to stop transgender students from using bathrooms or playing on sports teams that don’t line up with their gender identity. The Education Department has been involved in several cases on gender policies, such as schools or universities’ bathrooms. This week, officials said George Mason University broke federal law by having unlawful diversity, equity, and inclusion (DEI) initiatives under Title VI.

DPS now has the choice to move forward with the proposed federal resolution or push back against the plan. District leaders also have 10 days to either accept or deny the resolution that would roll back the district’s all-gender bathroom policy.

The district’s decision on the resolution plan may not come before the Aug. 12 deadline, as district officials have requested to continue negotiations on the plan.