The U.S. Department of Education notified Maine late Wednesday that its Department of Education was in violation of Title IX for allowing transgender girls to compete in girls’ sports. This is the first determination of its kind since the Trump administration opened investigations into potential Title IX violations by several states and higher education institutions, as noted by Rachel Perera, a fellow in the governance studies program for the Brown Center on Education Policy at the Brookings Institution.
As of now, it remains unclear whether Maine will comply with the U.S. Department of Education's order to change its current practices, which could involve banning transgender girls from competing in girls' sports, locker rooms, and bathrooms. According to Perera, how Maine proceeds could set a significant precedent for other states grappling with similar issues.
This development marks the second finding by a federal agency within the month claiming that Maine's Department of Education (DOE) has violated Title IX. The letter, addressed to Maine Education Commissioner Pender Makin, explicitly stated that the determination was based on the guidance provided by the Maine DOE to school districts and its perceived “unwarranted deference to the ideology of ‘gender identity.’”
Bradley Burke, a regional director for the U.S. Department of Education's Office for Civil Rights, signed the letter which gives Maine ten days to comply with President Donald Trump’s executive order (issued on February 5, 2025) banning transgender girls from playing in girls' sports or risk losing federal funding.
Although the letter does not specify how much funding may be at stake, the Department of Education allocated $347 million to Maine entities in the fiscal year 2024, as reported by the Maine Center for Economic Policy.
In order to comply with the Department's requirements, the Maine DOE must revise its guidelines governing the inclusion of transgender students. This includes issuing explicit bans on transgender girls participating in girls’ athletic programs and restroom facilities. Additionally, the agreement outlined mandates for public school districts to obtain annual certification of compliance with Title IX.
Perera said, “their language in this letter is communicating an overly simplified interpretation of Title IX that is not reflective of federal law.” The implication is that if Maine challenges this determination, the issue could be ultimately clarified by federal courts.
The federal probes were sparked by a clash between Maine's Governor Janet Mills and Trump during a governors’ meeting last month regarding the state's inclusive policy. Mills has not commented publicly on whether Maine will fight the OCR's findings in court, but she had previously remarked that, “I imagine that the outcome of this politically directed investigation is all but predetermined.”
Maine Principals’ Association’s Stance on Title IX
In addition, the Maine Principals' Association (MPA)—which governs high school sports in Maine—announced that it does not believe it is bound by Title IX compliance as it does not receive federal funding. Despite the serious findings from the U.S. Department of Health and Human Services Office for Civil Rights (OCR), the MPA stated on March 17, 2025, that it is not obligated to comply.
In a letter sent to OCR leaders on March 18, an attorney representing the MPA argued that the association receives no federal financial assistance, thereby claiming that the OCR does not have jurisdiction over its compliance. The association also reiterated its commitment to uphold Title IX's principles while emphasizing that the issue of transgender athletes competing in girls' sports is fundamentally a policy question for the Maine Legislature and Congress.
“MPA’s only desire is to follow the law, which right now our legal counsel advises is the Maine Human Rights Act,” the MPA stated. “We look forward to our elected leaders answering these important questions.”
The current investigation into Maine's DOE began on February 21, 2025, following the MPA's announcement that transgender athletes would be allowed to participate in girls' sports, notwithstanding Trump’s executive order. Additionally, reports indicate that a transgender student-athlete participated in a girls' track and field event at Greely High School's Class B State Championship Meet, a situation that prompted criticism from Representative Laurel Libby (R-Auburn) who publicly named the athlete in a Facebook post.
The OCR broadened its investigation to include MPA and Greely High on March 5, 2025, after it was established that there was significant resistance to the previous voluntary resolution agreement sent on February 27. The investigation's complexities highlight the conflicts between state and federal laws regarding gender identity and participation in sports.
Through its violation notice, the OCR stated that “When a state law, such as Section 4601 of Maine's Human Rights Act, frustrates Congress's purpose and poses an obstacle to the accomplishment of those purposes, that state law is preempted.” This declaration further complicates the dispute over compliance and legal standings.
The contentious backdrop was accentuated during a governors’ meeting on February 21, where Mills confronted Trump, asserting that Maine is abiding by both state and federal law. The governor declared, “We'll see you in court,” indicating her willingness to pursue legal avenues in response to the federal investigations. Additionally, U.S. Attorney General Pam Bondi's letter on February 25 suggested that the Department of Justice is prepared to take all necessary actions to enforce the executive order regarding gender-related issues.
This complex situation surrounding transgender rights in Maine is evolving rapidly, and the implications of the state’s response, whether compliant or confrontational, will likely resonate across the nation as discussions regarding gender identity and rights continue to unfold.
