Another federal probe targets Maine school gender policies, citing parental rights

Yahoo

28-03-2025

Supporters yell and wave signs at rally in Cumberland, Maine on Sunday, March 23, 2025, calling on Maine lawmakers, and local MSAD51 school officials, to support transgender student athletes. (Photo by Troy R. Bennett/ Maine Morning Star)
District policies that protect students' privacy when it comes to gender identity might be violating federal law by depriving parents of information, according to the U.S. Department of Education.
In another directed investigation launched by the department based on reports from right-wing media about Maine districts complying with the Maine Human Rights Act, the department alleged that by developing plans to affirm students' gender, districts may be in violation of the Family Educational Rights Privacy Act (FERPA).
Maine's support of transgender athletes already faced a federal investigation through the department's Office for Civil Rights, with the state being found in violation of Title IX for allowing trans girls to participate in sports aligning with their gender identity.
Whether Maine decides to sue or comply with the resolution agreement proposed by OCR remains to be seen, with the Maine Attorney General's office declining to comment. School officials from MSAD 51 and the Maine Principals Association, which were also under investigation, have already said they will not sign the agreement.
The FERPA investigation is another example of President Donald Trump's administration targeting Maine for protecting students' access to affirming school environments through the Maine Human Rights Act.
In a letter to the Maine Department of Education, Frank Miller, acting director for the Student Privacy Policy Office, highlighted a 2016 memo by the Maine Human Rights Commission that explains the interpretation of the Act: 'In the event that the student and their parent/legal guardian do not agree with regard to the student's sexual orientation, gender identity, or gender expression, the educational institution should, whenever possible, abide by the wishes of the student with regard to their gender identity and expression while at school,' the memo states.
'The overall memorandum on its face appears to give school officials discretion that would infringe on the rights of a parent under FERPA,' Miller said in his letter.
He also alleged that 'this same rhetoric may lead to Title IX violations if applied in a school environment,' which may warrant the investigation to be referred to the OCR.
Miller's letter also highlights that because school counselors or school social workers are not required by Maine law to divulge information gathered during counseling, it may keep parents from 'exercising their right to inspect and review education records relating to their child's counseling with a school counselor or school social worker.'
Parents Defending Education, a far-right 'parental rights' group, has been scrutinizing school districts and filing federal civil rights complaints nationwide against school districts — including Portland in 2023 — for several years for their policies protecting students' rights. The USDOE investigation cites the goal of Parents Defending Education President Nicole Neily 'to hold school districts accountable and ensure no child is socially transitioned behind parent's backs by teachers or administrators.'
The fight between parental rights and students' privacy rights when it comes to gender identity at school has played out in courts for the past few years, prompted by lawsuits filed in at least six states by parents rights groups.
Legal experts working with the school districts have argued that districts are trying to support students by having these policies in place, and are required to protect students' privacy rights over parents' rights to information about their children.
In Maine, one such lawsuit stemmed from parent Amber Lavigne suing her child's school district for using affirming pronouns and a school counselor giving her child a chest binder. That lawsuit was dismissed, with Judge John Levy of the U.S. District Court for the District of Maine saying that while it is understandable that a parent might want to stay informed, the district and staff did not violate Lavigne's rights as they were following the district's transgender students guidelines.
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