Minnesota’s transgender athlete policy violates Title IX, federal investigation claims

Federal officials say that the Minnesota Department of Education and the Minnesota State High School League both violated Title IX with their policy on transgender athletes, in a Tuesday announcement.

The U.S. Department of Education’s Office for Civil Rights and the U.S. Department of Health and Human Services determined in a joint finding that Minnesota “allowed male athletes to compete” on several girls’ sports teams.

MDE told WCCO it is “reviewing the letter and remains committed to ensuring every child has the opportunity to thrive in a safe and supportive school community.”

WCCO also reached out to MSHSL for comment and is waiting for a response.

The departments issued a proposed resolution agreement to MSHSL and the MDE, ordering them to voluntarily resolve the Title IX violation within 10 days or “risk imminent enforcement action.”

The agreement requires the two agencies to revise any guidance “permitting males to compete in girls’ sports” to comply with Title IX and submit updated Title IX training, procedure and process materials.

Under the agreement, MDE must also issue a statewide notice “to all federally funded entities operating interscholastic athletic programs mandating their strict compliance with Title IX by separating athletics and intimate facilities based on sex,” and the notice must require “entities to adopt biology-based definitions of ‘male’ and ‘female’” and have a reminder that non-compliance could place federal funds in jeopardy, according to a press release from HHS.

Additionally, MDE is ordered to “restore to female athletes all records and titles misappropriated by male athletes competing in female categories,” and to send each athlete an apology letter “for allowing her educational experience to be marred by sex discrimination.” The department must also demand in writing that MSHSL take parallel action.

Hundreds of millions of dollars in federal funding for public schools in Minnesota, which lawmakers defined as a trans refuge state in 2023, are at stake.

The investigation began in February when MSHSL announced it would not be following an executive order signed by President Trump banning transgender girls and women from competing on sports teams that match their gender identity. Schools that don’t comply with the order risk losing federal funding and could face legal action.

The U.S. Department of Education elevated the investigation in June and HHS initiated a compliance review around the same time. Officials specifically cited the state champion Champlin Park High School softball team, which was also the subject of another lawsuit because of a transgender pitcher.

In April, Minnesota Attorney General Keith Ellison announced a lawsuit against the Trump administration, claiming the president’s two executive orders targeting transgender youth and adults violate both the U.S. Constitution and Title IX. The lawsuit requests the court declare the orders unconstitutional and unlawful, Ellison said. U.S. Attorney General Pam Bondi filed a motion to dismiss the lawsuit in June for lack of jurisdiction and failure to state a claim. A judge heard arguments on the motion earlier this month and has yet to make a decision.

Jonah Kaplan

contributed to this report.