Recently, the U.S. Department of Education’s Office for Civil Rights (OCR) proposed a resolution agreement to the Maine Department of Education (MDOE). This proposed agreement outlines OCR’s expectations under the Trump administration’s interpretation of Title IX as it applies to transgender athletes.

This draft resolution agreement sheds light on OCR’s enforcement priorities moving forward—and whether or not your state is directly impacted, the expectations outlined will likely shape Title IX enforcement nationwide. Schools and districts should act now to assess their policies, understand the risks, and prepare for potential challenges.

How We Got Here

• Feb. 5: President Trump signed an Executive Order that directed executive agencies to take “all appropriate action to protect all-female athletic opportunities.” This was preceded by a January 31 Dear Colleague Letter from OCR notifying school districts and institutions that OCR will enforce the 2020 Title IX Regulations.
• Feb. 20: The President announced that federal funding would be withheld from Maine if it continued to defy his Executive Order by continuing to allow transgender athletes in girls’ sports.
• Feb. 21: OCR initiated a directed investigation into whether “MDOE is continuing violation of Title IX by permitting, directing, instructing, or requiring” Maine school districts to allow males to participate in female athletics and to deny female students access to “intimate facilities” on the basis of sex.
• March 19: OCR sent MDOE a letter of finding of noncompliance as a result of its investigation. This letter included a draft resolution agreement.

Key Takeaways from the Draft Resolution Agreement

OCR’s proposed agreement includes four major directives:

1. MDOE must Forbid Male Participation in Female Programs. OCR states that only students who are “female” are allowed to join girls’ teams. Female is defined as “a person of the sex characterized by a reproductive system, with the biological function of producing eggs (ova),” and “male” as a “person of the sex characterized by a reproductive system with the biological function producing sperm.” The draft agreement states that schools should conduct a “review of long-standing school records” to verify sex for athletics eligibility. This interpretation makes clear that OCR interprets Title IX to prohibit transgender girls from girls’ sports.
   • Only students classified as “female” at birth may participate in girls’ sports.
   • Schools must verify sex for athletic eligibility by reviewing long-standing school records.
2. Restrict Access to Intimate Facilities. Access to “intimate facilities” (locker rooms or bathrooms) must be strictly divided by sex assigned at birth.
3. Restore Female Athletic Records. Any individual athletic recognition previously given to transgender girls in girls’ sports must be restored to “male.”
   Schools must issue apology letters to affected female athletes.
4. Rescind or Revise Prior Rules/Scrub Website Information. Any existing policies, guidance, or online materials that permit transgender athletes in female sports must be removed or revised.

What Schools and Districts Need to Do Now

MDOE has not signed this agreement and, if it does, the agreement only applies to the entities named in the investigation. Regardless, the proposed agreement provides important takeaways into OCR’s compliance expectations. When evaluating OCR’s enforcement posture, it is necessary to keep in mind that many courts have not adopted this interpretation and the issue will remain largely unsettled until the U.S. Supreme Court weighs in.

Action Step 1: Review and Audit Your Policies

Conduct an immediate review of your existing policies on transgender athlete participation, locker room access, and student records.

Action Step 2: Consult Your Legal Counsel

Understand how your state’s laws and community expectations intersect with OCR’s position.

Action Step 3: Stay Proactive and Informed

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