Here’s Denver Public Schools’ response to allegation of civil rights violation from Trump administration

Denver Public Schools Superintendent Alex Marrero on Friday denied the district is violating a civil rights law by converting a girls’ restroom at its flagship high school campus into an “all-gender” facility.

In a statement, the district official said the district would “protect all of our students from his hostile administration.”

However, the district has not decided whether to convert two all-gender bathrooms that sparked the probe back into boys’ and girls’ bathrooms, spokesperson Scott Pribble said.

That bathroom’s conversion, along with permitting students at East to use facilities on the basis of gender identity, rather than their biological sex, violated Title IX’s prohibition against sex discrimination, the U.S. Department of Education concluded on Thursday.

“As a result, the district is creating a hostile environment for its students by endangering their safety, privacy, and dignity while denying them access to equal educational activities and opportunities,” said Craig Trainor, acting assistant secretary for civil rights in the Education Department.

The agency’s civil rights office alleged DPS violated the law by placing the burden only on females to “seek an exclusive restroom elsewhere, thereby denying their right to equal educational facilities and opportunities.”  It cited several complaints from female students. 

The civil rights office gave the district two choices: Agree to making several changes, or “risk imminent enforcement action.” The office told the district it has 10 days to respond.

In a statement posted on the district’s website on Friday, Marrero said: “The Trump Administration, through the Department of Education’s Office for Civil Rights (OCR), continues to push its anti-trans agenda through the weaponization of Title IX, a federal law that prohibits discrimination on the basis of sex.”

Marrero insisted the federal agency’s allegations are untrue.

“They have claimed Title IX prohibits the conversion of a girls’ restroom to an all-gender restroom,” he said. “They now claim Title IX prohibits the use of any multi-stall, all-gender restroom. This has never been true; it remains untrue today.”

He added that the federal agency conducted “no on-site review,” that not a single witness was interviewed, and not “one substantive conversation with any OCR attorney ever occurred.”

“The District’s requests for conversation, clarification, mediation, and discussion of remedies all went unanswered. This is unprecedented behavior from an OCR we no longer recognize,” he said. 

Marrero doubled down on the district’s approach to “equity” issues.

“At Denver Public Schools, we take pride in leading for Equity at every level of the organization,” he said in the statement. “To our LGBTQ+ students, families, and supporters, we see you, and we will not stand for these attempts at your erasure. We will protect all of our students from this hostile administration while we continue to raise the bar on achievement.”

The Associated Press contributed to this article.

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