Feds investigating Maine for allegedly hiding students' transgender identity from parents
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.
In that letter, the acting director of the department’s Student Privacy Policy Office, Frank Miller Jr., noted that the Maine Department of Education requires school districts to follow the Maine Human Rights Act, which protects Mainers from discrimination on the basis of gender identity and expression.
Further, the Maine Human Rights Commission noted in a 2016 memo that educators should “abide by the wishes of the student” when it comes to gender identity and expression if the student and parents do not agree about the student’s sexual orientation, gender identity, or gender expression.
Miller suggested some state laws directly conflict with the Family Educational Privacy Records Act, particularly a section of Maine law that doesn’t require school social workers and counselors to disclose to parents communications between them and a student. Miller argued that this prevents parents from exercising their right to “inspect and review” 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.”
In a Friday morning video posted to the social media platform X, formerly known as Twitter, McMahon announced the investigation in an appearance alongside Nicole Neily, founder of the conservative Virginia-based Parents Defending Education. That organization provided the documents on which The Federalist Society and The Maine Wire based their reports.
In 2023, that group filed a federal civil rights complaint against the Portland School Department arguing that staff support groups for people of color were discriminatory.
A spokesperson for Maine Attorney General Aaron Frey confirmed his office has received the letter but declined to comment.
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.
In early March, the Social Security Administration ended a program that allowed Maine parents to register their newborns for Social Security numbers at the hospital where they were born. Instead, they would have to fill out paperwork in person at one of the state’s eight Social Security offices. The agency reversed that decision within 48 hours. This week, the agency’s acting administrator, Leland Dudek, admitted that he ended that program because he was “ticked” at Mills because of her war of words with Trump.
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.
