The U.S. Department of Education on Friday moved to terminate federal K-12 funding for the Maine Department of Education, following through on its promise to cut off the state and ultimately others if they do not enforce Title IX so as to keep transgender students from girls' locker rooms, restrooms and athletic teams.
The move marks the first time the Trump administration has officially initiated a cut in federal funding to a state K-12 school system over civil rights violations.
The department at the same time referred its Title IX investigation of Maine to the U.S. Department of Justice for enforcement — after multiple threats that it would do so if the state did not sign onto a resolution agreement within 10 days of the agency finding Maine in violation of Title IX.
“The Department has given Maine every opportunity to come into compliance with Title IX, but the state’s leaders have stubbornly refused to do so, choosing instead to prioritize an extremist ideological agenda over their students’ safety, privacy, and dignity,” said Craig Trainor, acting assistant education secretary for civil rights in an April 11 statement.
Gov. Janet Mills "would have done well to adhere to the wisdom embedded in the old idiom — be careful what you wish for," Trainor said. "Now she will see the Trump Administration in court.”
Mills has maintained since the investigation's launch that the state is not in violation of Title IX. The governor has said the federal investigation is "not just about who can compete on the athletic field," but rather "about whether a President can force compliance with his will, without regard for the rule of law that governs our nation. I believe he cannot."
A swift investigation
The directed investigation — meaning one initiated without a public complaint — was initiated by the department on Feb. 21 and concluded less than a month later in March. The move was precipitated by a public spat between Mills and Trump in February over the state's transgender athlete policies, during which Mills threatened to see Trump in court.
The day the investigation was launched, alongside a nearly identical one into Maine by the U.S. Department of Health and Human Services also over Title IX, Mills said the outcome was "all but predetermined."
Indeed, the investigation's directed nature, quick turnaround time, high stakes attached, and referral to the Department of Justice — which traditionally has been reserved for egregious cases — has raised eyebrows in the education civil rights community.
The seemingly targeted, quick and aggressive enforcement strategy marks a significant shift from education civil rights enforcement under past administrations. Investigations traditionally took months or years, involved interviews and other investigative tools, and concluded with a negotiation with schools to bring them into compliance with federal law. Resolution agreements often included changes to school district operations like conducting climate surveys or hiring or training staff to ensure all students have access to an equal education.
Resolution agreement rebuffed
In this case, however, the administration gave Maine 10 days to sign a draft resolution agreement that would change state and district policies to define “females” by “a reproductive system with the biological function of producing eggs (ova),” and “males” by having “a reproductive system with the biological function of producing sperm.” “Gender” would be the same as “sex” under the agreement.
The draft agreement also would have required the state to apologize to each cisgender girl impacted by the state's transgender female athlete policy “for allowing her educational experience and participation in school sports to be marred by sex discrimination.”
After the state refused to sign the agreement, the department warned officials on March 31 that it would send the case to the Department of Justice by April 11.
“Under prior administrations, enforcement was an illusory proposition. No more," said Trainor in a March 31 statement. "The Trump-McMahon Education Department is moving quickly to ensure that federal funds no longer support patently illegal practices that harm women and girls.”
While cutting off states or districts from funds was always within the Education Department's power, it was a stick that was rarely used in past administrations, and especially not over Title IX, according to the Association of Title IX Administrators.
Within three months under this Trump administration, the department has threatened the cancellation of more than $9.5 billion for Ivy League universities over alleged Title VI and Title IX violations related to alleged antisemitism and LGBTQ+ policies, threatened some 60 colleges and a handful of districts with additional loss of funding over allegations of antisemitism, and promised that “this is only the beginning.”
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