Policy Alert: US Education Department Escalates Title IX Investigation of Maine

Action: On April 11, 2025, the US Department of Education (ED) referred its Title IX legal case of noncompliance against the Maine Department of Education (DOE) to the US Department of Justice. (Title IX of the Education Amendments of 1972 prohibits discrimination on the basis of sex in any education program or activity receiving federal financial assistance). ED also announced plans to terminate Maine's Federal K-12 education funding, including formula and discretionary grants. These actions follow warnings from the Administration that Maine risks losing funding for allowing transgender people in school sports. The investigation is aligned with the President's earlier Executive Order on Keeping Men Out of Women's Sports, issued on February 5. This Order directs the US Secretary of Education to prioritize Title IX enforcement action against educational institutions in states that allow transgender girls or women to participate in women's sports. It also directs all executive departments and agencies "to rescind funding to programs that fail to comply with the policy established in this order."

Key Insights

• Two weeks after issuing the Executive Order, the President singled out the State of Maine for allowing transgender athletes in sports during a Republican Governors’ Association meeting and a White House meeting of Governors. In the White House meeting, where Maine Governor Janet Mills was present, the President publicly asked if Maine would comply, warning "Otherwise, you're not getting any federal funding." After responding that Maine would follow the law, the governor replied, "We'll see you in court."
• Following the President's warning, ED launched an initial investigation of the Maine Department of Education "after it was reported that Greely High School, a school under its jurisdiction, is continuing to allow at least one male student to compete in girls' categories."
• ED subsequently offered a Resolution Agreement to allow Maine DOE to "resolve its Title IX violations or risk imminent enforcement action." By late March, after inaction from Maine, ED issued a final letter warning Maine DOE to sign the Resolution Agreement by April 11, 2025. 
• On April 2nd, Maine's Attorney General received a letter from the US Secretary of Agriculture announcing a funding freeze because of accusations the state is violating Title IXs. By April 3, the state could not access Federal funds for the Child Nutrition Program, prompting Maine's Attorney General to file a lawsuit against the Trump Administration.