U.S. Department of Education Investigation Finds Maine in Violation of Title IX

A U.S. Department of Education’s (DOE) Office of Civil Rights (OCR) investigation found on Wednesday that the Maine DOE is in violation of Title IX anti-discrimination laws, joining the Department of Health and Human Services (HHS) in ruling against Maine for its transgender policies.

[RELATED: Feds Rule Maine’s Transgender Policy Forcing Females to Compete Against Males Violates Title IX…]

“Based on the evidence obtained, OCR has determined the evidence supports a conclusion of noncompliance with Title IX by MDOE. OCR notes that public school districts throughout the State of 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,” said OCR regional director Bradley R. Burke.

The ruling from the OCR comes just two days after the DHHS found the Maine DOE, along with the Maine Principal’s Association (MPA), violated Title IX by obstinately maintaining policies that allow males to compete in girls’ sports in violation of an executive order from President Donald Trump.

The U.S. DOE proposed a resolution agreement between the federal government and the Maine DOE. Under the agreement, the Maine DOE would instruct all public schools to comply with federal law by forbidding males from competing in girls’ sports or using gender-specific facilities such as bathrooms or locker rooms designated for girls.

The Maine DOE would also be required to restore awards to any female athletes who were only defeated in competitions by biological males, declaring second-place athletes who only lost to transgender-identifying males as the legitimate victors.

In addition, the resolution demands that the Maine DOE issue a written apology on behalf of the state, expressing its contrition “for allowing her educational experience and participation in school sports to be marred by sex discrimination.”

Going forward, it prescribes the Maine DOE would also rescind all laws and guidance permitting males to compete with girls and will issue a statement reminding schools that federal law supersedes state law when they contradict Title IX unless the schools want to lose federal funds.

Finally, the Maine DOE would be required to certify every school district in the state annually to ensure their compliance with Title IX.

If Maine does not accept the resolution within ten days of the DOE’s findings, the agency will send the Maine DOE a letter of impasse, and ten days after that letter, a notice of pending enforcement will be sent. The U.S. Department of Justice (DOJ) will then begin enforcement activities, including the rescission of federal funding.

If the Maine Principals Association’s response to FOX News on Wednesday, or the Portland Public Schools Superintendent’s statement to his board on Wednesday are any indications, the Maine DOE appears likely to ignore the U.S. DOE’s findings, as they have ignored the findings from the HHS.