The U.S. Department of Education issued a warning letter to JeffCo Public Schools on Wednesday, threatening to pull federal funding over alleged Title IX violations relating to the district’s policies on transgender students.

In March, the department’s Office for Civil Rights said a nine-month investigation revealed that “male students” occupied 61 spots on girls’ sports teams, and that the district also allowed “students to access female bathrooms, locker rooms and overnight accommodations” on the basis of gender identity.

“Despite OCR providing the District with a proposed Resolution Agreement that would resolve its Title IX violations, the District has taken no action to protect women and girls,” the department said in a news release. “Today’s letter of impasse notifies the District that OCR will prepare for impending enforcement, which, following OCR’s regulatory procedures, could ultimately result in termination of the District’s federal education funding.” 

JeffCo Public Schools refuted several of the findings of the OCR’s investigation and said data from the district did not show male students were competing in girls’ athletics.

In a letter dated Tuesday, district officials wrote to the OCR regarding the March statement about male students competing in girls’ sports. After providing data to the OCR at the beginning of its investigation, the district said there was no correspondence between the district and the federal government leading up to the March statement from the federal department, which the district asserted was incorrect, according to the letter.

The school district said it had requested information from the department about how it determined that more than 60 “male students” were competing on girls’ sports teams, when the district said its data showed the actual number was zero.

“OCR’s calculation does not match the data we provided,” the district said. “Because OCR never reached out to us for clarification, yet publicly announced its inaccurate finding, the District was unable to meaningfully address the resulting concerns from, and potential risks to, our community.”

The letter said that despite having several productive meetings last month, the OCR may no longer be interested in participating in conversations with the district regarding the alleged inaccuracies and instead planned to seek a formal response through a previously proposed resolution agreement. The latter would require the district to adopt “biology-based definitions of the words ‘male’ and ‘female’ and ensure that the assignment of intimate facilities and overnight accommodations as well as eligibility to compete in sports will be based on biological sex.”

The proposal also said the district should correct any policies the federal agency found to be in violation of Title IX.

The school district asked the OCR to return to the table to continue discussions.

In the news release issued Wednesday, the federal department said that, if the district does not comply with federal law within 10 days, a letter of impending enforcement action would be issued, which could result in the district losing federal funding.

“Not only did the District trample on females’ sex-based protections by allowing males to compete in their sports, intrude in their bathrooms, and sleep in their overnight accommodations, but now it refuses to fix the problem after being given the chance. It is indifferent to the law and to the safety, privacy, and dignity of women and girls. Its behavior here is unconscionable,” said Assistant Secretary for Civil Rights Kimberly Richey in the news release.

The federal investigation began in June 2025 after the district was accused of violating Title IX of the Education Amendments of 1972. The department said the district was accused of removing “the safeguard of single-sex overnight accommodations on District trips.”

The department also said it heard several reports, including one from the parents of an 11-year-old girl, who told the agency their daughter would have to share a bed with a transgender girl on an overnight school trip without first being notified by the school.

If federal funding is cut from JeffCo, the district could lose up to $98 million, which represents about 8% of its budget.

In response to the warning, JeffCo said it was “shocked and disappointed” by the DOE’s letter and a public statement regarding it.

JeffCo also said that it has suggested OCR direct its demands toward the state of Colorado, since JeffCo’s policies are based on the Colorado Anti-Discrimination Act, which broadly prohibits discrimination on the basis of gender identity in places of public accommodation, including schools.

Under that law, students are allowed to participate on sports teams and use facilities consistent with their gender identity, rather than their biological sex.

“We are still within the 90 days that OCR’s own manual provides for good faith negotiations, do not believe that the parties are at an impasse, and invite OCR back to the negotiating table to address the very real issue now facing every single school in Colorado from Boulder to Pueblo and Lamar to Grand Junction,” the school district’s statement said. “For our part, Jeffco remains committed to ensuring equitable educational opportunities for all Jeffco kids, and to complying with applicable laws.”