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Home»Education»Feds outline what Maine DOE must do to resolve Title IX violation
Education

Feds outline what Maine DOE must do to resolve Title IX violation

March 19, 2025No Comments
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The Maine Department of Education, Maine Principals’ Association and Greely High School have 10 days to sign an agreement to take corrective action after they were found to be in violation of Title IX, according to the U.S. Department of Health and Human Services Office for Civil Rights.The Office for Civil Rights at DHHS informed the Maine DOE, MPA and Greely High of the Title IX violation in an amended notice on Monday. The Maine DOE had received a prior notice of violation from the OCR on Feb. 25.Maine’s Total Coverage has obtained a copy of the voluntary resolution agreement that was sent by the OCR to the Maine DOE, MPA and Greely High on Monday. All three parties from Maine would have to sign the agreement by March 27, or they risk the OCR referring the case to the U.S. Department of Justice.If all three parties sign the agreement, they admit to violating Title IX and would be required to be monitored by the OCR for four years.The agreement states that within 10 days of it being signed, the Maine DOE and Maine Principals’ Association would work together to rescind and reverse the MPA’s policy allowing transgender student-athletes to compete in girls’ sports, and that Greely High School will adhere to the new policy. If the MPA does not change its policy, the Maine DOE must prohibit public schools within the state from participating in events organized and administered by the MPA, and prohibit the MPA from using public school facilities to host its events.Under the agreement, the Maine DOE would have to return $99,940 it received from the U.S. Centers for Disease Control and Prevention and $87,015 it received from the U.S. Administration for Children and Families for the 2024-25 Fiscal Year.In addition, the agreement also stipulates updated training on Title IX compliance must be provided to current and future employees of the Maine DOE, MPA and Greely High School, as well as guidelines for ensuring compliance with the agreement.The entire voluntary resolution agreement can be read here.BackgroundThe OCR launched an investigation of the Maine DOE’s compliance with Title IX on Feb. 21, as the department receives federal funding from the CDC and ACF, which are both HHS agencies. That investigation was started because the executive director of the MPA, which governs interscholastic activities in the state of Maine, said transgender athletes would be allowed to compete in girls’ sports despite President Donald Trump’s Feb. 5 executive order titled “Keeping Men Out of Women’s Sports.”In addition, the OCR cited Feb. 17 reports that a transgender student-athlete competed for the Greely High School girls’ track and field team at the Class B State Championship Meet. That was the same date Maine Rep. Laurel Libby (R-Auburn) shared the name and photos of that student-athlete in a Facebook post, in which she criticized the MPA for allowing transgender student-athletes to compete in girls’ sports.The OCR then expanded the scope of its Title IX investigation to include the MPA and Greely High on March 5. A week later, representatives of all four parties met and the OCR said it concluded the Maine DOE would not sign a prior voluntary resolution agreement proposal sent on Feb. 27 or provide a counteroffer to that proposal.In its Title IX violation notice, the OCR said the Maine DOE violates Title IX by “denying female student-athletes in the state of Maine an equal opportunity to participate in, and obtain the benefits of participation … in current and future athletic events.”The OCR noted that the Maine Principals’ Association is required to comply with Title IX because it was given authority to promote, organize and regulate interscholastic activities in the state by the Maine DOE. According to the OCR, it determined the MPA’s policy regarding transgender student-athletes violates Title IX.Furthermore, the OCR said Greely High School violated Title IX by following the MPA’s policy on transgender student-athletes.The Maine DOE, MPA and Maine School Administrative District #51 — the school district Greely High belongs to — have each previously stated they have been following state law, namely the Maine Human Rights Act.In the violation notice, the OCR said federal law preempts conflicting state law, stating: “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.”The entire Title IX violation notice from the OCR can be read here.The debate over whether Maine should follow state law or Trump’s executive order came to a head on Feb. 21, when Gov. Janet Mills got into a heated exchange with the president during a meeting of the nation’s governors at the White House. Trump said the state would not receive federal funding if it did not comply with his executive order. Mills said she has been complying with state and federal law, and told Trump: “We’ll see you in court.”On Feb. 25, U.S. Attorney General Pam Bondi issued a letter to Mills stating that the DOJ is ready to “take all appropriate action” to enforce Trump’s executive order regarding gender, which includes legal action.

AUGUSTA, Maine —

The Maine Department of Education, Maine Principals’ Association and Greely High School have 10 days to sign an agreement to take corrective action after they were found to be in violation of Title IX, according to the U.S. Department of Health and Human Services Office for Civil Rights.

The Office for Civil Rights at DHHS informed the Maine DOE, MPA and Greely High of the Title IX violation in an amended notice on Monday. The Maine DOE had received a prior notice of violation from the OCR on Feb. 25.

Maine’s Total Coverage has obtained a copy of the voluntary resolution agreement that was sent by the OCR to the Maine DOE, MPA and Greely High on Monday. All three parties from Maine would have to sign the agreement by March 27, or they risk the OCR referring the case to the U.S. Department of Justice.

If all three parties sign the agreement, they admit to violating Title IX and would be required to be monitored by the OCR for four years.

The agreement states that within 10 days of it being signed, the Maine DOE and Maine Principals’ Association would work together to rescind and reverse the MPA’s policy allowing transgender student-athletes to compete in girls’ sports, and that Greely High School will adhere to the new policy. If the MPA does not change its policy, the Maine DOE must prohibit public schools within the state from participating in events organized and administered by the MPA, and prohibit the MPA from using public school facilities to host its events.

Under the agreement, the Maine DOE would have to return $99,940 it received from the U.S. Centers for Disease Control and Prevention and $87,015 it received from the U.S. Administration for Children and Families for the 2024-25 Fiscal Year.

In addition, the agreement also stipulates updated training on Title IX compliance must be provided to current and future employees of the Maine DOE, MPA and Greely High School, as well as guidelines for ensuring compliance with the agreement.

The entire voluntary resolution agreement can be read here.

Background

The OCR launched an investigation of the Maine DOE’s compliance with Title IX on Feb. 21, as the department receives federal funding from the CDC and ACF, which are both HHS agencies.

That investigation was started because the executive director of the MPA, which governs interscholastic activities in the state of Maine, said transgender athletes would be allowed to compete in girls’ sports despite President Donald Trump’s Feb. 5 executive order titled “Keeping Men Out of Women’s Sports.”

In addition, the OCR cited Feb. 17 reports that a transgender student-athlete competed for the Greely High School girls’ track and field team at the Class B State Championship Meet. That was the same date Maine Rep. Laurel Libby (R-Auburn) shared the name and photos of that student-athlete in a Facebook post, in which she criticized the MPA for allowing transgender student-athletes to compete in girls’ sports.

The OCR then expanded the scope of its Title IX investigation to include the MPA and Greely High on March 5. A week later, representatives of all four parties met and the OCR said it concluded the Maine DOE would not sign a prior voluntary resolution agreement proposal sent on Feb. 27 or provide a counteroffer to that proposal.

In its Title IX violation notice, the OCR said the Maine DOE violates Title IX by “denying female student-athletes in the state of Maine an equal opportunity to participate in, and obtain the benefits of participation … in current and future athletic events.”

The OCR noted that the Maine Principals’ Association is required to comply with Title IX because it was given authority to promote, organize and regulate interscholastic activities in the state by the Maine DOE. According to the OCR, it determined the MPA’s policy regarding transgender student-athletes violates Title IX.

Furthermore, the OCR said Greely High School violated Title IX by following the MPA’s policy on transgender student-athletes.

The Maine DOE, MPA and Maine School Administrative District #51 — the school district Greely High belongs to — have each previously stated they have been following state law, namely the Maine Human Rights Act.

In the violation notice, the OCR said federal law preempts conflicting state law, stating: “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.”

The entire Title IX violation notice from the OCR can be read here.

The debate over whether Maine should follow state law or Trump’s executive order came to a head on Feb. 21, when Gov. Janet Mills got into a heated exchange with the president during a meeting of the nation’s governors at the White House. Trump said the state would not receive federal funding if it did not comply with his executive order. Mills said she has been complying with state and federal law, and told Trump: “We’ll see you in court.”

On Feb. 25, U.S. Attorney General Pam Bondi issued a letter to Mills stating that the DOJ is ready to “take all appropriate action” to enforce Trump’s executive order regarding gender, which includes legal action.

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