The U.S. Department of Education said Thursday that Denver Public Schools (DPS) violated federal law by creating all-gender bathrooms and permitting students to use school bathrooms according to their gender identity, not their biological sex.

The U.S. DOE said its Office for Civil Rights initiated a Title IX investigation in January in response to changes to the East High School bathrooms made by the district. Title IX of the Education Amendments of 1972 is a federal law that bans sex-based discrimination in schools.

The district converted a multi-stall bathroom at the school that was designated for girls to a gender-neutral facility, and district officials were told that violated federal law.

In a statement on Thursday, Acting Assistant Secretary for Civil Rights, Craig Trainor, said, “Denver Public Schools violated Title IX and its implementing regulations by converting a sex-segregated restroom designated for girls at 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.”

“The choice is clear,” he added. “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. 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.”

In February, after federal officials first got in touch, DPS redesigned another bathroom on the same floor to be gender neutral.

The district has said that after a student-led process, it created the all-gender bathroom options with “privacy and safety of students as a top priority” by using partitions in the bathrooms that are “12 feet tall” around toilets and sinks.

The school board has said that when the new options were first made available, the district leaders also communicated that there would be an all-gender option on the same floor as another bathroom that was single-stall and gender neutral to address fairness and equity concerns. The district has also said students have had access to other traditional sex-based bathrooms and single-stall all-gender bathrooms.

In a letter to Denver Public Schools, the Department of Education proposed a resolution agreement with four conditions that district officials have 10 days to accept or reject or else the district risks enforcement action.

Federal officials told district leaders that they must do the following within 10 days to avoid enforcement action:

Restore all sex-segregated multi-stall restrooms;

Cease practices allowing students to use restrooms, locker rooms, or shower facilities on the basis of gender identity rather than biological sex;

Define “male” and “female” based on biology in all policies and practices related to Title IX requirements for single-sex facilities; and

Issue a notice to employees and students stating that the school district will not discriminate based on sex, that students’ privacy, dignity, and safety in intimate facilities must be protected, and that such facilities will be comparable in quality, safety, and accessibility for both sexes.

A rejection of the conditions would lead to the Education Department taking enforcement action that could include potential fines or removal of federal funding.

In its letter to the district, federal officials wrote, “Violations of Title IX and its implementing regulations, including the DOE’s recent decision to change the sex-segregated bathroom at East High School to an ‘all gender’ bathroom, endangered student safety, privacy, and dignity.”

The district has since defended its process of converting the bathrooms and allowing students to use facilities of their choosing.

In a statement to The Denver Gazette, a district spokesperson said, “A new multi-stall, all-gender restroom was created at East High School by modifying an existing restroom after a student-led process. At East High, as at all Denver Public Schools, student safety is a top priority, and all single-stall restrooms are all-gender restrooms.”

In an interview with The Denver Gazette, Kaela Chapin, director of communications for the Education Department’s Office for Civil Rights, explained the Office’s investigation, which determined the district was violating federal Title IX rules.

“Our investigation found that the school district’s policy did not ensure that all students have equal access to restroom, locker rooms, and shower facilities at East High School and created a discriminatory and hostile environment for students,” she told the Gazette.

President Trump signed an order in February that stops transgender girls from being able to play on sports teams that do not align with their biological sex.

This year, the Trump administration moved to bar transgender women and girls from competing on women’s sports teams that do not match their biological sex, but a federal court has paused the measure.

The Republican-led House has also passed the Save Women’s Sports Act, which would ban transgender girls and women from playing on sports teams that do not correspond with their biological sex. A Senate vote on the measure has not yet occurred.

In addition to the DOJ opening its own investigation into sex discrimination in sports teams and allowing transgender girls to participate, it also sued the United States Department of Education for not allowing for flexibility in federal guidance on gender identity.

The Department of Education has also been active in pursuing cases that deal with gender identity in schools and colleges.

Just last week, it found that George Mason University violated federal law due to its diversity, equity, and inclusion (DEI) practices that were deemed unlawful under Title VI.

District leaders now must decide to whether to back down on the new policy to which they say students heavily contributed to or lose millions in federal funds.

DPS officials have 10 days to either agree to the Department of Education resolution agreement that includes four conditions or not. If the district rejects the deal, the department can take enforcement action against the district.