Trump Administration Declares Denver Public Schools in Violation of Title IX due to Bathroom Policy
On August 28, 2025, the U.S. Department of Education announced that Denver Public Schools (DPS) violated Title IX of the Education Amendments of 1972 by creating a gender-neutral bathroom at East High School and developing a district-wide policy allowing students to use bathrooms that correspond with their gender identity.[1] East High had been under investigation since January for converting an all-girls bathroom into a gender-neutral one. The Trump Administration’s Office of Civil Rights informed the district that they must agree to a resolution to convert all gender-neutral bathrooms back to single gender facilities “or risk imminent enforcement action.”[2] The resolution would also require DPS to rescind any district policies that allow students to access restrooms based on their gender identities, and adopt “biology-based definitions for the words ‘male’ and ‘female’ in all policies related to Title IX.”[3]
According to the Office for Civil Rights, East High and the district were in violation of Title IX by discriminating against students on the basis of sex.[4] If the district does not comply, it faces sanctions such as cuts to K-12 funding. DPS received approximately $96 million in federal grant funding for the 2024-2025 school year.[5] In response to the federal government’s investigation, East High converted a boys’ bathroom into a second all-gender bathroom. Still, the Office of Civil Rights ruled that the move was also a violation of Title IX.[6]
Some legal scholars argue that the Office of Civil Rights’ interpretation of Title IX is contrary to established law. The U.S. Supreme Court ruled in Bostock v. Clayton County in 2020 that gender identity discrimination is included under Title IX’s protection against discrimination based on sex.[7] Requiring the district to remove its gender-neutral bathrooms appears to contradict the Court’s ruling in Bostock. Time will tell whether the Court will consider reversing Bostock’s precent.
Colorado Lawmakers Delay AI Law to 2026
On Tuesday, August 27, 2025, Colorado lawmakers decided to delay the implementation of the state’s first AI antidiscrimination law after being unable to reach an agreement this year.[8] Colorado passed the first comprehensive AI antidiscrimination law in 2024 – the first state in the nation to do so.[9] The law created obligations for AI developers such as reporting disclosures, and would also require employers and businesses using AI to take steps to eliminate bias. After experiencing strong opposition from the business community, lawmakers decided to revisit the law and push the implementation date from February 1, 2026 to June 30, 2026.[10] The delay provides Colorado lawmakers with the opportunity to refine the law and ensure its smooth implementation. Considerations likely to be taken into account are easing burdens on the tech community while retaining obligations for employers and businesses.[11]
[1] https://www.denverpost.com/2025/08/28/dps-title-ix-gender-neutral-bathrooms/?utm_email=9473358315C7747564A565C4A6&active=no&lctg=9473358315C7747564A565C4A6&utm_source=listrak&utm_medium=email&utm_term=https%3a%2f%2fwww.denverpost.com%2f2025%2f08%2f28%2fdps-title-ix-gender-neutral-bathrooms%2f&utm_campaign=denv-denver_post-the_evening_post-nl&utm_content=automated
[2] Id.
[3] Id.
[4] Id.
[5] Id.
[6] Id.
[7] Id.
[8] https://www.jdsupra.com/legalnews/colorado-delays-ai-law-to-june-2026-top-8318539/
[9] Id.
[10] Id.
[11] Id.