Overview:
The USDOE has referred Maine’s Title IX case to the Department of Justice and begun proceedings to revoke the state’s federal K-12 funding.
The U.S. Department of Education has escalated its Title IX enforcement efforts against the Maine Department of Education (MDOE), formally referring the case to the U.S. Department of Justice for legal action and initiating proceedings to revoke the state’s federal K -12 education funding.
This move comes after the DOJ launched an investigation in February against Maine with allegations that the state continues to allow transgender athletes to compete in girls’ sports and denies female athletes access to female-only facilities. The investigation extended to Maine School Administrative District #51 (MSAD #51), where Greely High School has reportedly permitted at least one transgender female student to compete in girls’ athletic categories.
According to the Department of Education, the MDOE failed to address violations stemming from policies that allow male students to compete in female sports and access spaces designated for women and girls. The department issued a noncompliance finding on March 19, followed by a final warning sent to the state on March 31.
At the center of the dispute is the Office for Civil Rights’ (OCR) finding that Maine’s policies violate Title IX. This federal law prohibits discrimination based on sex in any education program or activity receiving federal funding. The Biden-era OCR had proposed a voluntary resolution agreement, which the state rejected.
The department’s actions are also grounded in President Trump’s Executive Order titled Keeping Men out of Women’s Sports, which reaffirms the administration’s stance that female student-athletes should not be forced “to compete with or against or to appear unclothed before males.”
“The Department has given Maine every opportunity to come into compliance with Title IX, but the state’s leaders have stubbornly refused to do so, choosing instead to prioritize an extremist ideological agenda over their students’ safety, privacy, and dignity,” said Craig Trainor, Acting Assistant Secretary for Civil Rights. “The Maine Department of Education will now have to defend its discriminatory practices before a Department administrative law judge and in a federal court against the Justice Department.”
In defense of the initial investigation, Maine Governor Janet Mills responded to the investigation, framing it as a political maneuver and an overreach of executive power. “To me, that is fundamentally what is at stake here: the rule of law in our country,” she said in a statement.
“No President—Republican or Democrat—can withhold federal funding authorized and appropriated by Congress and paid for by Maine taxpayers in an attempt to coerce someone into compliance with his will,” Mills continued. “It is a violation of our Constitution and of our laws, which I took an oath to uphold.”
Governor Mills argued that Maine’s investigation could set a dangerous precedent, warning that federal overreach could soon extend beyond athletics. “Today, the President of the United States has targeted one particular group on one particular issue which Maine law has addressed. But you must ask yourself: who and what will he target next? Will it be you? Will it be because of your race or your religion? Will it be because you look different or think differently? Where does it end?”
However, Trainor directly criticized Governor Janet Mills, warning that the state would face legal action from both the Education and Justice Departments. “Governor Mills would have done well to adhere to the wisdom embedded in the old idiom—be careful what you wish for. Now she will see the Trump Administration in court,” he added.
Connecticut is one of twenty states that have sued the Trump administration over its decision to slash the Department of Education’s workforce by 50%. The lawsuit argues that this massive reduction, announced in a March 11 press release, effectively incapacitates the department and disrupts key functions required by law. According to the lawsuit, the Department of Education is crucial in providing funds for low-income students, supporting students with disabilities, enforcing anti-discrimination laws, and administering federal student aid.
If the administrative proceeding is successful, Maine could lose millions in formula and discretionary grants supporting K-12 education across the state. The case now heads to an administrative law judge while the DOJ prepares to pursue further legal enforcement.
