The Trump administration has initiated an inquiry into several school districts in Maine, alleging that these districts are violating federal law by not disclosing information about students’ gender transitions to their parents. This investigation was started by the U.S. Department of Education, closely following a similar probe into the California Department of Education. The concern lies in a potential breach of the Family Educational Rights Privacy Act (FERPA), a federal regulation that grants parents certain rights to access their children’s educational records.
In communication with the Maine Department of Education, the federal agency is examining whether the department has been complicit, whether directly or indirectly, in the implementation of policies that withhold such student records from parental review. This is part of an ongoing clash between the state of Maine and the Trump administration regarding the treatment and rights of transgender students in educational settings, including within high school athletics. On Friday, Maine’s Department of Education opted not to provide a response regarding the matter.
Reports have reached the federal education department that some districts within Maine have policies allowing schools to establish ‘gender plans’ supporting a student’s transgender identity. These plans have reportedly been treated as non-educational records, thereby restricting parental access, which contradicts federal guidelines. Asserting the rights of parents and guardians, U.S. Education Secretary Linda McMahon emphasized that they should have access to educational records in order to protect their child’s well-being. She described policies that deny such access as not only illegal but also unethical.
The investigation stems from an earlier conflict arising from President Trump’s clash with Democratic Governor Janet Mills. During a meeting in February with governors at the White House, Trump issued a threat to withdraw funding from Maine if the state failed to adhere to his executive order preventing transgender athletes from participating in sports. Governor Mills retorted with the possibility of legal action, prompting the federal government to investigate Maine’s adherence to Title IX, a law preventing sex-based discrimination in federally-funded education programs.
Additionally, the U.S. Department of Health and Human Services recently argued that the Maine Department of Education, alongside the Maine Principals’ Association and a high school in the Portland area, is breaching Title IX regulations. A representative of the federal department mentioned that the issue has been escalated to the U.S. Department of Justice for legal enforcement. Despite this, the principals’ association and the high school involved have openly declared their refusal to comply with a suggested agreement that would prohibit transgender athletes from participating in girls’ sports.
The U.S. Department of Education, reinforcing its stance, dispatched comprehensive guidelines to state school officers and the heads of educational institutions receiving federal funds, emphasizing the requirement to adhere to the Family Educational Rights Privacy Act. The statement highlighted that compliance entails granting parents the right to review comprehensive educational records, including any documentation relevant to a student’s gender identity.