The U.S. Department of Education has launched an investigation into the Contoocook Valley School District following allegations that its gender identity policies discriminate against biological girls.
The probe stems from a complaint filed in August 2025 by the parental rights group Defending Education, which claims the district allows access to bathrooms and locker rooms based on gender identity rather than biological sex. The complaint also alleges that protections against sex-based discrimination are absent from the district’s formal policies.
In a statement announcing the investigation, Education Department officials said the policies could place female students in uncomfortable or unsafe situations. Assistant Secretary for Civil Rights Kimberly Richey said schools should not shift the burden onto girls to leave shared spaces if they feel uncomfortable.
According to the complaint, district officials have told some female students they would need to find alternative facilities if they object to sharing spaces with biological males. The filing also raises concerns about policies in the district and others across New Hampshire that require the use of preferred pronouns and, in some cases, allow gender-related decisions to be withheld from parents.
Legal representatives from Defending Education argue that such policies conflict with federal civil rights law, particularly Title IX, which prohibits sex-based discrimination in federally funded education programs. They also cite constitutional concerns, including the Supremacy Clause, in asserting that federal law should take precedence over state-level gender identity rules.
The investigation marks the latest clash between federal authorities and local school districts over how civil rights laws apply to gender identity policies in education. Officials say the inquiry will determine whether the district’s practices violate federal protections and whether enforcement action is warranted.
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