On Thursday, the U.S. Department of Education said Denver Public Schools violated Title IX, the federal law banning sex-based discrimination in education, by creating all-gender bathrooms and allowing students to use the bathroom that aligns with their gender identity rather than their sex assigned at birth.

The Office for Civil Rights at the Education Department opened an investigation into East High School in January after the district converted a girls’ bathroom into an all-gender restroom. At the time, the district said the change created a “fair and equitable” bathroom and provided students with multiple options.

In a letter, federal officials cited Title IX for not allowing students to use the restroom of their choosing.

The district converted a bathroom at East High School from being female-designated to an all-gender restroom while maintaining the male restroom on the same hallway. District officials have noted the bathroom transition was completed after a process led by students. The district also stressed the newly designed restroom features 12-foot partitions around toilets and doors.

The federal government opened an investigation after the district made the restroom transition. However, the decision “violated” Title IX regulations by not providing students equal use to a restroom and by creating a “hostile environment” at East High School, according to Acting Assistant Secretary for Civil Rights Craig Trainor.

A second all-gender restroom was also added to the same hallway to address concerns of fairness. District officials have further noted the school also provides other options for students to use the restroom, including the traditional male and female bathrooms and single-stall, all-gender restrooms.

The federal government sent the district a resolution plan that listed conditions for Denver Public Schools to address within 10 days to avoid federal enforcement action.

If the district agrees to the resolution plan, they would have to:

• Change all-gender, multi-stall restrooms back to being male or female specific.
• Drop policies that allow students to use bathrooms, locker rooms, and shower facilities “on the basis of their gender identity and expression, as opposed to their biological sex assigned at birth.”
• Define “male” and “female” with “biology-based definitions” and use the terms in “all policies, practices, and programs” related to Title IX.
• Send a memorandum to schools to state the bathroom facilities need to “protect the privacy, dignity, and safety of all students” while remaining equally accessible to both sexes.

The district’s decision not to agree to the conditions would lead to enforcement action, including the possible loss of federal funding.

Trainor in statement said the decision to convert the bathroom “endangered 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 in the statement.

“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,” he 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.”

District officials defended the decision, stating students led the conversation. The bathroom was to address the changing needs of students while also ensuring privacy and security.

Denver Public Schools has not commented on the department’s decision publicly but previously said students have multiple restroom options. Students also have single-stall restrooms that are all-gender if they desire more privacy.

The district’s move is the most recent in a fight over gender identity within schools nationwide. Earlier this year, President Donald Trump signed an order barring transgender girls from playing on sports teams that don’t align with their sex assigned at birth.

Republican lawmakers have also introduced legislation that would bar transgender students from using restrooms or participating on sports teams that align with their gender identity.

The Education Department has been working on a handful of issues related to gender in schools and universities. This week, the Education Department accused George Mason University of “unlawful” diversity, equity, and inclusion practices under Title VI.

Denver Public Schools now has a decision to make: roll back the bathroom changes or potentially lose millions of dollars in federal funding.