Since February of 2025, the Maine Department of Education (“MDOE”) has been the subject of multiple Federal investigations regarding its alleged noncompliance with Title IX and FERPA.
In her latest School Law Bullet (SLB), Education Law Attorney Avery E. Smith, Esq., reviews the various investigations and findings against MDOE, and discusses the broader implications they may have for Pennsylvania school districts.
Legal Framework
The legal framework surrounding this issue includes both Title IX of the Education Amendments of 1972 (“Title IX”) and President Donald J. Trump’s recent Executive Order, “Keeping Men Out of Women’s Sports.”
Title IX. Title IX is a Federal civil rights law that prohibits sex-based discrimination in any school or any other education program that receives funding from the Federal government. In 2020, Title IX was amended by the Trump Administration. Then, in 2024, Title IX was amended by the Biden Administration and changes were set to go into effect on August 1, 2024. After significant legal challenges and a return to the Trump Administration, the 2020 Title IX regulations are now in effect and enforced by the United States Department of Education (the “Department”) Office for Civil Rights (“OCR”).
Executive Order. On February 5, 2025, President Trump issued an Executive Order, “Keeping Men Out of Women’s Sports,” which expresses a strong disapproval of policies that allow transgender female athletes to participate in female athletic programs. This Executive Order challenges the prior Administration’s interpretation of Title IX and states that under Title IX “it is the policy of the United States to rescind all funds from educational programs that permit transgender female athletes’ participation in female sports.”
Initiating the Investigation
In response to the Executive Order, Maine Attorney General Aaron Frey provided that the State will “do everything in [its] power to defend Maine’s laws”. According to OCR, Maine’s laws “allow biological men to compete in female athletics and intrude into girls’ private spaces.”
Following Attorney General Frey’s remarks, on February 21, 2025, OCR initiated an investigation into MDOE’s policies and practices. Specifically, OCR’s investigation examined whether “MDOE is in continuing violation of Title IX by permitting, directing, instructing, or requiring Maine school districts to:
1. allow males to participate in female athletics (whether interscholastic, intercollegiate, club or intramural); and
2. deny to female students (particularly female student-athletes) access to intimate facilities on the basis of sex, such as female-only locker rooms and bathrooms.”
OCR’s Determination
On March 19, 2025, OCR concluded that MDOE is noncompliant with Title IX. Specifically, OCR noted that “public school districts throughout [Maine] that receive federal financial assistance and have policies or practices that allow boys to participate in girls’ athletics programs and/or deny female students access to female-only intimate facilities, are similarly in violation of Title IX.”
As a result of OCR’s noncompliance finding, OCR instructed MDOE to direct all school districts under its jurisdiction to adopt and implement policies and practices that comply with Title IX. OCR further provided a draft resolution agreement that specifies the actions required by MDOE to remedy its Title IX violations.
Legal Implications of Noncompliance
It should be noted that legal challenges are expected and may delay the official outcome of this matter. In the event it is determined that MDOE remains noncompliant with Title IX and said noncompliance is not resolved, OCR may refer its determination to the United States Department of Justice (“DOJ”) for enforcement action, including the termination of MDOE’s Federal funding from the Department.
A Second Investigation
In addition to OCR’s investigation into MDOE, the United States Department of Health and Human Services (“DHHS”) also initiated a compliance review of MDOE on February 21, 2025. Just two (2) days before OCR’s determination, DHHS announced that MDOE, the Maine Principal’s Association, and Greely High School are in violation of Title IX. Like OCR, DHHS offered the entities an opportunity to sign an agreement to resolve the matter. However, the entities refused to sign the agreement, and DHHS referred this case to the DOJ on grounds of noncompliance. Again, in the event MDOE is found in violation of Federal laws, it may lose its Federal funding.
A Third Investigation
Just days later, on March 28, 2025, the Department’s Student Privacy Policy Office (“SPPO”) launched another investigation into MDOE for alleged violations of the Family Educational Rights Privacy Act (“FERPA”). This investigation comes as a result of reports that Maine school districts are “violating or misusing FERPA by maintaining policies that infringe on parents’ rights.”
Bottom Line For Schools
Although these ongoing investigations and legal matters impact MDOE directly, the Federal government’s actions suggest broader implications for other States. Having initiated three (3) separate investigations by three (3) separate Federal departments, it is clear that the Trump Administration intends to pursue all allegations of noncompliance with Federal laws and directives, particularly as it pertains to Title IX and President Trump’s various Executive Orders.
To avoid potential legal challenges and/or loss of Federal funding, school administrators are encouraged to review their policies and practices to ensure they remain compliant with all relevant Federal, State, and local laws. It is important to note that protections against discrimination remain under the Pennsylvania Human Relations Act and case law.
