The U.S. Department of Education's Office for Civil Rights (OCR) has determined that the Maine Department of Education (MDOE) is not in compliance with Title IX regulations. This conclusion follows a directed investigation by OCR on February 21, which found that MDOE's policies and practices violated federal antidiscrimination laws.
OCR has proposed a Resolution Agreement to address these violations, offering MDOE the chance to voluntarily comply within ten days or face enforcement actions, potentially involving the U.S. Department of Justice.
Acting Assistant Secretary for Civil Rights Craig Trainor stated, "The outcome of OCR’s investigation of MDOE confirms that it has violated federal antidiscrimination law by allowing boys to compete in girls’ sports and boys to occupy girls’ intimate facilities. Today’s findings and proposed resolution agreement demonstrate to MDOE and any other entity receiving federal funding that the Trump Administration will not tolerate unlawful discrimination against girls and women."
The proposed Resolution Agreement outlines several actions for MDOE:
1. Issue a directive to all public school districts in Maine mandating compliance with Title IX, emphasizing the risk of losing federal funding due to noncompliance.
2. Clarify that Title IX compliance requires schools to prevent males from participating in female-designated athletic programs or accessing female locker rooms or bathrooms.
3. Restore individual recognitions to female athletes who lost them due to male participation in girls' competitions.
4. Apologize formally on behalf of the State of Maine to affected female athletes.
5. Rescind or revise any guidance documents permitting male participation in girls' teams, clarifying that federal law preempts conflicting state laws unless districts opt out of federal funding.
6. Require annual certification from each school district confirming Title IX compliance and report any credible noncompliance instances promptly.
This investigation was conducted under OCR's authority as per Title IX of the Education Amendments of 1972, which prohibits sex-based discrimination in federally funded education programs.
President Trump's Executive Order Keeping Men out of Women’s Sports aligns with this policy by aiming to protect female student-athletes from competing against males or sharing intimate spaces with them.
