This story was produced as part of the Colorado Capitol News Alliance. It first appeared at cpr.org.
The U.S. Department of Education has issued a warning to Jefferson County Public Schools, saying the district is violating federal Title IX law.
The district has 10 days to comply or risk losing federal funding, according to a letter sent Wednesday by the Department’s Office for Civil Rights, according to a press release. Federal money makes up about 8% of Jeffco schools' budget, or roughly $98 million.
Federal officials said a March 2026 investigation found the district violated Title IX by allowing transgender students assigned male at birth to use girls’ bathrooms and locker rooms, share overnight accommodations with female students, and to participate in girls’ sports, which allegedly cost some female students spots on teams.
The Office for Civil Rights said that Jeffco hasn’t signed a proposed resolution agreement to rescind policies and adopt new definitions for school activities. Assistant Secretary for Civil Rights Kimberly Richey said the district must restore Title IX protections, citing the current administration’s opposition to policies it labels as a “radical ideological agenda.”
The investigation originated in June 2025 complaints about school trip policies. Federal officials later expanded their findings to include athletics and access to facilities.
Jeffco Public Schools said it was “shocked and disappointed” by the federal department’s press release.
After issuing the release, Jeffco said that Office for Civil Rights then issued an impasse letter, ending efforts to work collaboratively with the district on conflicts between Colorado law and the federal government’s latest interpretation of Title IX.
The Office for Civil Rights letter responded to a June 2 letter from Jeffco urging the agency to correct what it called an erroneous claim that male students are competing on girls’ sports teams. The district said the Office for Civil Rights hasn’t clarified its findings.
Jeffco asked the Office for Civil Rights to direct its demands to the state, noting it can’t disregard the Colorado Anti-Discrimination Act, which allows students to participate in sports consistent with their gender identity. It cited Colorado Supreme Court rulings affirming that state law prevails even if federal guidance conflicts.
Further, it said the department’s interpretation isn’t grounded in Title IX regulations or binding court rulings – and said at least one federal appeals court has found the administration’s executive order on gender identity doesn’t carry the force of law.
It said the district remains within a 90-day window for good faith negotiations and invited the Office for Civil Rights 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.”
Jeffco said it remains committed to equitable educational opportunities for all students and to complying with applicable laws.
The Office for Civil Rights’ action is part of a broader, nationwide shift in how the Department of Education is approaching gender identity in schools. While it has launched dozens of similar investigations across the country, there is no evidence that a school district has yet lost federal funding.
Title IX is a federal law that prohibits sex-based discrimination in schools that receive federal funding.
A separate court case about transgender students’ access to school overnight trips remains ongoing.
