The Trump administration has launched another investigation into Maine over policies involving transgender students.
In a letter dated Friday, the U.S. Department of Education informed Maine Education Commissioner Pender Makin that the agency is investigating whether her department “directly or indirectly” influenced local district policies governing the privacy of students’ “gender plans.”
That comes after The Federalist Society and The Maine Wire reported that 57 of the state’s 192 school districts, including Bangor and Brewer, have policies concealing students’ transgender identity if their parents would be unwilling to let them transition.
The U.S. Department of Education said that would violate parental rights under the Family Educational Privacy Rights Act, which gives parents the right to access their children’s educational records.
“Parents and guardians have the right to access their child’s education records to guide and safeguard their child’s mental, emotional, and physical well-being. Any policy to the contrary is both illegal and immoral,” Secretary of Education Linda McMahon said in a Friday morning statement. “A few weeks ago, I had the opportunity to meet with several young people who shared their detransitioning stories. It is deeply concerning to hear that teachers and school counselors in Maine are reportedly encouraging and helping students to undergo so-called ‘gender transitions’ while keeping parents in the dark. The Trump Administration will enforce all federal laws to safeguard students and families.”
It’s the latest conflict between Maine and the Trump administration over transgender students.
Maine was thrust into President Donald Trump’s crosshairs in February over the inclusion of transgender athletes in girls’ and women’s sports. Trump signed an executive order in February to attempt to bar transgender athletes from girls’ and women’s teams.
In response to Trump’s executive order, the Maine Principals’ Association, which runs high school sports, affirmed this month it will continue to allow trans athletes to compete in accordance with the Maine Human Rights Act, which prohibits discrimination based on gender identity.
That continues the association’s longstanding policy of inclusion, which allowed trans athletes to play in sports consistent with their gender identity, unless there was a safety risk.
Between 2013 and 2021, the association heard from 56 students wishing to participate during that time, only four of whom were trans girls. Only two trans girls are playing on sports teams across the state this school year.
Trump then threatened to withhold federal funds from Maine until the state complied with his order. That led to a heated exchange between him and Gov. Janet Mills at a White House event in Washington.
Soon after the Trump administration launched several Title IX investigations into Maine, which concluded, after four days, that the state had violated federal law. Mills has blasted those investigations as having a “predetermined” conclusion, noting that no state officials were interviewed.
The Trump administration has alleged that Greely High School, the Maine Principals’ Association and the Maine Department of Education violated Title IX. Earlier this month, the Maine Principals’ Association said the Trump administration has no authority to investigate the organization because it receives no federal funding. Both the association and Greely High School said this week that they won’t sign an agreement with the Trump administration that they violated Title IX.
The U.S. Department of Agriculture, which was among six federal agencies that have investigated Maine for alleged Title IX violations, said the University of Maine System was in compliance with the law and has been able to access federal funds. In that same announcement, the agency delivered an ultimatum from the administration to Maine.
“The choice for the rest of Maine is simple: protect equal opportunities for women, as required by law, or lose funding,” the USDA said.
U.S. Attorney General Pam Bondi has threatened to sue Maine over any alleged Title IX violations.
The conflict between Trump and Mills has continued to play out publicly in recent days, with Trump over the weekend demanding a “full throated apology” from the governor. On Monday, Mills responded, without naming Trump, saying that if the “current occupant of the White House” cares about women and girls, he should ensure they have access to life-saving medical care.
The Trump administration also pulled funding for Maine Sea Grant, but since then, the Commerce Department has said it will renegotiate that grant. More than 30 states, Puerto Rico and Guam participate in the national Sea Grant program. No other Sea Grant program has seen its funding cut.
