Federal Investigation Reveals Maine Department of Education Violated Title IX Regulations

March 8, 2025 TruthUSA

The Governor of Maine, Janet Mills, has been formally informed that her state is not adhering to Title IX, which could lead to the loss of federal funding and more serious repercussions.

This week, a federal probe revealed that the Maine Department of Education (MDOE) has infringed upon the rights of female athletes within its jurisdiction.

An official notification regarding the MDOE’s non-compliance with Title IX was issued to state officials in a letter dated February 25 from Anthony Archeval, the acting director of the Health and Human Services (HHS) Office for Civil Rights. Archeval estimated that approximately $700,000 in federal funding for the MDOE in 2024 might be at risk due to this non-compliance.

This notice was directed to Governor Janet Mills and Attorney General Aaron Frey of Maine.

As of now, neither Mills nor Frey has provided a comment in response to the request.

The violation notice came just four days after a highly publicized exchange between Mills and President Donald Trump regarding men competing in women’s sports during a White House meeting with governors on February 21.

After Trump criticized Mills for her position and threatened to withdraw federal funds, the Maine governor reiterated her disagreement with Title IX policies and indicated her intention to challenge him in court.

According to Archeval, the federal inquiry was launched due to breaches related to Title IX of the Education Amendments of 1972.

Title IX prohibits sex-based discrimination in any educational program or activity receiving federal financial support, explicitly stating: “No person shall, on the basis of sex, be excluded from participation in, denied the benefits of, treated differently from another person, or otherwise be discriminated against in any interscholastic, intercollegiate, club, or intramural athletics offered by a recipient (of federal funds).”

In 2024, the Biden administration established a rule expanding the definition of sex-based discrimination to include sexual orientation, gender identity, sex stereotypes, and sex characteristics.

In his correspondence, Archeval referenced a recent ruling from the United States District Court for the Eastern District of Kentucky (Tennessee v. Cardona), which stated, “When viewed as a whole, Title IX demonstrates that discrimination based on sex encompasses discrimination based on being male or female.”

On January 9, the federal court invalidated the Biden-era rule.

Evidence of Non-Compliance

In his findings, Archeval indicated that Greely High School violated Title IX “through the participation of a male athlete in a women’s high school track meet” on February 17, 2025.

The Maine state capitol building in Augusta, Maine, in this file photo. (Josh Lintz/FormulaNone) — The Maine state capitol building in Augusta, Maine, in this file photo. Josh Lintz/FormulaNone

The notification also noted that Maine Coast Waldorf, a public high school, breached Title IX by allowing a male athlete to participate in a women’s high school ski event on February 18 and 19.

States’ Rights Versus Federal Supremacy

Archeval highlighted institutional policies and certain state laws in Maine that conflict with Trump’s executive order and the Title IX regulations established by the Trump administration.

He acknowledged that the Maine Principals’ Association (MPA) serves as the governing body for youth sports in the state, with all public high schools and several private schools being members of the MPA.

In 2024, the MPA enacted a policy that permits transgender athletes to compete on teams based on their assigned gender at birth or their identified gender.

Archeval also referenced the Maine Human Rights Act, which mandates, “The opportunity for individuals at educational institutions to participate in all educational programs, counseling, vocational guidance programs, apprenticeship, on-the-job training programs, and all extracurricular activities without discrimination based on sex, sexual orientation, gender identity, physical or mental disability, ancestry, national origin, race, color, or religion is recognized as a civil right.”

Mike Burnham, the executive director of the MPA, has stated that the MPA is dedicated to adhering to state laws concerning gender identity.

The letter from the Office for Civil Rights cited comments from Burnham, indicating that Trump’s executive order is “in conflict” with the Maine Human Rights Act. Trump signed an executive order on January 20 aimed at “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” which asserts that there are only two sexes and mandates the protection of women-only spaces.

Superintendent Jeff Porter of the Maine School Administrative District 51, home to Greely High School, released a letter explaining that the MDOE informed state school districts that Trump’s order applies only to federal agencies and does not override Maine law or local school board policies.

Porter further stated that the MDOE memo emphasized that schools are expected to comply with the Maine Human Rights Act, and in terms of athletics, the MPA has chosen to follow state laws.

The funding oversight for school districts primarily lies with the state rather than local districts, according to Porter.

“Following the recent federal court’s invalidation of the 2024 rules, the new federal guidance reinforces compliance with the 2020 rules, which we are re-adopting,” he added.

Besides the risk of losing federal funding, Archeval informed Mills and Frey that if the MDOE does not correct its course, he may refer the matter to the Department of Justice.

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