FILE — This April 17, 2019 file photo shows Denver East High School in Denver. (AP Photo/David Zalubowski, File)

DENVER (AP) — The U.S. Education Department said Tuesday it was investigating Denver Public Schools for alleged discrimination after the district converted a girl’s restroom on the second floor of a high school into an all-gender restroom while leaving another bathroom exclusive to boys.

The department's accusation that the move may violate of Title IX, which prohibits discrimination on the basis of sex, appears to be unprecedented, and it marks a sharp departure from the department's investigations under former President Joe Biden.

The Democrat's administration interpreted Title IX to include LGBTQ+ protections, though the policy was later overturned by a federal judge.

“Let me be clear: it is a new day in America, and under President Trump, (the Office for Civil Rights) will not tolerate discrimination of any kind,” said Craig Trainor, the acting assistant secretary for civil rights, in a news release.

Denver Public Schools said in a statement that the bathroom was converted as a result of a student-led process, and it is designed with 12-foot-tall partitions for privacy and security.

“This restroom serves all students, including those who may feel uncomfortable in gender-specific facilities and aligns with our values of supporting every student,” said Scott Pribble, a spokesperson for Denver Public Schools. He added that East High School also has restrooms for male and female students.

Brett Sokolow, the president of the Association of Title IX Administrators, said that questions about the restroom have not yet been tested.

“They are arguing that an all-gender restroom isn’t comparable to a single-gender restroom,” Sokolow said. “You’d have to establish that somehow you have a right to a single-sex bathroom, and while the Trump administration may believe that, I don’t know if that will be upheld by the courts.”

The Department of Education investigates thousands of Title IX complaints every year, mostly dealing with athletics. Nearly all cases have been resolved through voluntary resolutions with schools and colleges, though the agency has authority to terminate federal funding for institutions that violate civil rights laws.

In a 2024 case, the department’s Office of Civil Rights investigated an undisclosed school district after a transgender middle schooler allegedly faced repeated harassment, including being told she was in the wrong bathroom. The district reached an agreement to end the case, adding staff training and inviting the student to join an LGBTQ outreach committee.

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Associated Press reporter Collin Binkley in Washington, D.C., contributed to this report.

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Bedayn is a corps member for the Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues.

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