The Trump administration opened a new investigation into Maine over over transgender students on Friday, this time focused on parental rights.
This latest investigation by the U.S. Department of Education is broader than ongoing investigations into transgender athletes because it could involve far more students as well as policies in dozens of school districts. The Trump administration has targeted Maine with numerous investigations, funding cuts —and reversals — and well as policy changes in the five weeks since the president and Gov. Janet Mills publicly clashed over transgender athletes and executive branch authority.
Parental rights have become a flashpoint for conservative activists and local school boards in Maine and nationwide in recent years. Education Secretary Linda McMahon posted a video on X — the social medial platform formerly known as Twitter — announcing what she described as an "unprecedented directed investigation" into the Maine Department of Education.
"We have heard disturbing reports that dozens of Maine school districts allow for schools to create gender plans that support a student's transgender identity and then hide those plans from parents, claiming they don't fall under education records," McMahon said. "That is unacceptable and unlawful, if true."
In the video, McMahon was standing next to Nicole Neiley, who leads the group Parents Defending Education that provided the "disturbing reports" to the federal agency. The parental rights group claims that 57 school districts in Maine have policies that could restrict parents' access to records about their transgender students.
The official investigation notification, sent Friday to Maine's education commissioner, accuses Maine of allowing school policies that violate the federal Family Educational Rights and Privacy Act. That law guarantees parents' access to information on their children at least until they turn 18.
"There are a number of enforcement options available to the Department in achieving compliance with FERPA, including withholding further payments, issuing a cease and desist order, and recovering funds," reads the letter to state education commissioner Pender Makin.
But Steven Bailey, executive director of the Maine School Superintendents Association and the Maine School Boards Association, said the investigation appears to be the latest example of mudslinging directed at Maine.
"Well, I do see this as being, No. 1, a headline, and No. 2, an effort to continue the spotlight on Maine," Bailey said. "And also these will need to be decided in the courts."
Bailey said the superintendents' association sent an optional, sample policy on transgender students to school boards three years ago after protections for gender identity was added to the state's nondiscrimination law. While that policy was entirely optional, Bailey said he believes many school districts likely adopted it in order to stay up-to-date with the Maine Human Rights Act.
He couldn't discuss specific school district policies. But Bailey said that model policy talks about involving parents in discussions and decisions about the needs of transgender students. And he pointed to one section that explicitly states "parents and guardians have a right to access all education records of their child and therefore the school cannot keep the change in name and/or gender a secret."
"That right there talks about what's available in a child's record, which is controlled by FERPA," Bailey said. "So that's why I am saying the allegations within the letter are not true. They are being very selective in what they are choosing to report on."
The U.S. Department of Education has already found Maine in violation of Title IX — the law prohibiting sex-based discrimination in scholastic activities — because schools allow transgender athletes to compete in women's sports. That complaint as well as a separate investigation by the U.S. Department of Health and Human Services appears headed to the courts.
On Thursday, the Maine Principals' Association and School Administrative District 51 — which includes a school at the center of the current controversy, Greely High School — both said they would not sign onto a settlement agreement from HHS that would require changes to come into compliance with the Trump administration's interpretation of Title IX. Likewise, it appears that the Maine Department of Education have declined to agree the settlement proposal from HHS as well as a separate one from the U.S. Department of Education, although the Maine attorney general's office has yet to confirm that.
And on Friday, HHS said in a post on X that the complaints against Maine have been referred to the U.S. Department of Justice "for enforcement in court for continuing to unlawfully allow males to compete against females. HHS will continue to protect women’s sports and keep the promises of Title IX for America’s women and girls."
Gia Drew, executive director of EqualityMaine, said she anticipates a similar outcome from the latest federal investigation over parental rights.
"I don't expect any real investigation," Drew said. "I think the other ones have all been shams and predetermined."
Drew, who was a teacher for 20 years, said that in her experience, the vast majority of individualized plans developed for students are either requested by parents or done in coordination with them. Drew said there may be some instances where a student is worried about how their parents might react to learning they are transgender but schools will work with them to involve parents moving forward, whenever possible.
"Schools are acting in the best interests of their kids — that's their job — and then trying to fold in parents into the conversation," Drew said. "We know that that's the best case scenario to make sure parents are involved and supportive of their kids."
Parents Defending Education did not immediately respond to a request for comment. But in her short video with Education Secretary McMahon, organization president Nicole Neily accused schools of pushing students to undergo gender transitions.
"We're proud to stand with you and President Trump as you ensure that the law is being followed and that schools do not infringe on parents rights," Neily said.
This not a new debate in Maine. Lawmakers have spent years debating how best to balance the needs and rights of transgender youths with the rights of parents.
Maine law requires parental approval before minors can receive gender-affirming surgery. But some 16- and 17-year-olds can receive hormone therapy without parental consent or notification under certain circumstances.
Neither the Maine Department of Education nor the Maine Attorney General's Office commented on the latest federal investigation.
