Feds accuse Minnestoa of Title IX violation

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(The Center Square) - The U.S. Departments of Education and Health and Human Services announced Tuesday that the Minnesota Department of Education and the Minnesota State High School League violated Title IX by allowing males in female sports and private spaces. 

The investigation into MSHSL began in February, “over its stated intentions to flout federal law and instead follow state policies which allow student-athletes to compete in sports based on their ‘gender identity,’” according to the news release.

The investigation claims that over several years, MDE and MSHSL allowed male athletes to compete with girls on the Alpine ski team, Nordic skiing team, lacrosse team, track and field team, volleyball team and softball team. 

“Minnesota permits male athletes to compete in sports designated for females, which denies females the equal opportunities under Title IX that they deserve in athletic competition,” said HHS OCR Director Paula Stannard. “Minnesota fails to recognize the fundamental biological differences between males and females — differences that justify single-sex teams and are essential to ensuring fair and safe competition for girls and women.”

This follows President Donald Trump’s executive order, “Keeping Men Out of Women’s Sports,” which states that it will cut funding from educational programs that “deprive women and girls of fair athletic opportunities,” citing Title IX of the Education Amendments Act of 1972.

“The Trump Administration will not allow Minnesota or any other state to sacrifice the safety, fair treatment, and dignity of its female students to appease the false idols of radical gender ideology,” said Acting Assistant Secretary for Civil Rights Craig Trainor. “Once an education program or entity takes federal funds, Title IX compliance becomes mandatory. And the federal government will hold Minnesota accountable until it recognizes that fact.” 

Since stepping into office, the Trump administration has investigated, frozen federal funding and sued various school districts, education departments and universities over claims of federal law violations. 

The departments have given the MDE and MSHSL 10 days to resolve these claims of Title IX violations or action will be taken. ​​The Resolution Agreement requires the following action items:

• MDE and MSHSL must rescind or revise any guidance permitting males to compete in girls’ sports to comply with Title IX and to reflect that to the extent state law conflicts with Title IX, federal law preempts state law.

• MDE will 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.

• The notice will require these entities to adopt biology-based definitions of “male” and “female” and remind them that non-compliance with Title IX places their federal funding in jeopardy.

• MDE and MSHSL will submit updated Title IX training, procedure and process materials for the OCR offices at the Department of Education and HHS to review and approve, and will conduct the approved training to MDE and MSHSL personnel.

• MDE will restore to female athletes all records and titles misappropriated by male athletes competing in female categories, and send each female a letter of apology on behalf of the State of Minnesota for allowing her educational experience to be marred by sex discrimination. MDE will demand in writing that MSHSL take parallel action.

• MDE will require each school and MSHSL to submit to MDE an annual certification that they have complied with Title IX.

The Center Square requested comments from MDE and MSHSL, but has not received a response.