The Trump administration is investigating the Maine Department of Education for alleged violations of federal law stemming from schools allegedly implementing policies that hide children’s gender identity from their parents.
The alleged violations of the Family Educational Rights and Privacy Act involve districts allowing schools to create “gender plans” to support a student’s transgender identity while withholding related records by claiming they are protected as education records under FERPA.
A Trump administration official listed “a number of enforcement options available” to ensure FERPA compliance in a letter sent to the commissioner of Maine’s education body, such as withholding federal funding, issuing a stop order, or ordering funding to be returned.
“Parents and guardians have the right to access their child’s education records to guide and safeguard their child’s mental, emotional, and physical well-being. Any policy to the contrary is both illegal and immoral,” Education Secretary Linda McMahon said in a statement.
“A few weeks ago, I had the opportunity to meet with several young people who shared their detransitioning stories. It is deeply concerning to hear that teachers and school counselors in Maine are reportedly encouraging and helping students to undergo so-called ‘gender transitions’ while keeping parents in the dark. The Trump Administration will enforce all federal laws to safeguard students and families,” she added.
The Department of Education cited a Parents Defending Education investigation that found that at least 57 of Maine’s 192 school districts have policies that allow information about children’s gender identity to be hidden from parents.
Founder and President of PDE Nicole Neily told the Washington Examiner that the parental rights group is “deeply grateful that the Trump administration is tackling the problem of parental exclusion policies head on — because while Maine is certainly a bad actor, they are far from the only culpable party.”
“PDE has been documenting this issue since March 2023, and has identified over 1200 districts across the country and counting, impacting more than 12 million students,” she added. “American parents never would have expected their tax dollars to be weaponized against them in the public school system like this, and the sooner these programs end, the better.”
The investigation’s announcement comes the same day the Education Department sent a “Dear Colleague” letter reminding chief state school officers and superintendents at educational institutions receiving federal funding of their obligation to comply with FERPA and the Protection of Pupil Rights Amendment.
In the Trump administration’s crackdown on alleged FERPA violations concerning transgender students, it opened up an investigation into California over similar policies. The state passed legislation that prevents school boards from requiring staff members to tell parents when a student asks to use a different name or pronoun. The California law, called the Safety Act, went into effect on Jan. 1.
Parental rights advocates have taken particular issue with Maine’s alleged actions.
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“The news that 57 Maine school districts are under investigation for concealing student gender transitions from parents is not only morally wrong but also in direct violation of parental rights,” Alleigh Marré, executive director of American Parents Coalition, said in a statement to the Washington Examiner. “No healthcare decisions for a minor should ever be made without express knowledge, understanding, and consent of a parent. Period.”
The Trump administration is giving Maine’s education commissioner a chance to provide them with evidence of FERPA compliance with a deadline of April 11.
