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.

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." A spokesperson for MSHSL said the league "does not comment on litigation or legal matters."

The departments issued a proposed resolution agreement to MSHSL and the MDE, ordering them to voluntarily resolve the Title IX violation within 10 days of the Sept. 30 issuance 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.

"Our state law protects gender inclusive sports, but also Title IX itself would prohibit sex discrimination in sports," lawyer CB Baga said. "Kind of hard to get around that language."  

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.

On Friday, the attorney general's office responded with a letter of its own to the U.S. Departments of Education and Health and Human Services. In its letter, Solicitor General Liz Kramer wrote about the disappointment the MDE had about "not given any opportunity to provide input during your investigation," and that the letter gave "sensitive information about minors in a public document." 

Kramer went on to say that if the federal government is to follow the law about cutting funds, there needs to be a multi-step process before any programs or activities are terminated. The letter continued on to note there wasn't a timeframe given for the MDE or MSHSL to respond, and that due to the government shutdown, employees in both of the civil rights offices are furloughed. 

The Forest Lake School Board voted to send a letter to the MDE, the MSHSL and the attorney general asking them to correct these violations and follow federal law immediately.

"Noncompliance with Title IX risks harming female students' rights, compromises school programs and funding, and will likely trigger federal enforcement actions that will negatively impact all students," said Board Chair Curt Rebelein, Jr., while summarizing the letter to other board members Thursday.  

Three board members voted against sending the letter, some noting they had not seen the letter before the meeting. They also noted it was not originally on the agenda.   

"We're looking for fairness and equitable conditions to make sure the girls' softball team is playing on a level field and also funding risk," John Anderson, a member of the Elk River Area School Board, said. "It just makes sense. It's common sense."

School board members and school board candidates across Minnesota showed their "unwavering support for the full inclusion of transgender and nonbinary students in school athletics" in a letter to MDE, the MSHSL, Attorney General Keith Ellison, Gov. Tim Walz and Minnesota lawmakers.

"Every student, including transgender and nonbinary students, deserves the opportunity to participate, belong and thrive in a welcoming and equitable environment," the letter, which was signed by 21 school board members and six school board candidates, said. "Participation in athletics is a vital part of the educational experience, fostering leadership, teamwork, health and belonging. Excluding transgender students from school athletics undermines these educational goals and violates both federal and Minnesota legal protections."

The letter calls for state leaders and athletic associations to "affirm transgender students' right to fully participate in school sports."

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.