Education Department Refers Minnesota Trans Athletes Probe To Justice Department

The Trump administration Monday advanced its investigations into the Minnesota Department of Education and the state’s high school sports authority over their transgender athlete policies to the Justice Department — a key step toward yanking federal funding.

The federal Education Department and Department of Health and Human Services in September announced its probes found that the state education agency and Minnesota State High School League violated Title IX, the federal education law barring sex-based discrimination, because they allow transgender students to compete in girls' sports.

But the state and high school sports authority indicated in December that they would not accept a proposed resolution agreement or engage in negotiations with the Trump administration, the Education Department said in a Monday press release. Referring an investigation to the DOJ is often a key step to pursuing legal action against the state, and could lead to a loss of federal funds for Minnesota schools.

Monday’s move is an attempt to force the state to comply with President Donald Trump's updated Title IX policy and executive order that bars transgender athletes from women's and girls’ sports. It also comes as the federal government has launched a massive immigration crackdown in Minnesota and has heightened its scrutiny of federal programs in the state over allegations of fraud.

“Despite repeated opportunities to comply with Title IX, Minnesota has chosen defiance – continuing to jeopardize the safety of women and girls, deny them fair competition, and erode their right to equal access in educational programs and activities,” Education Secretary Linda McMahon said in a statement. “As Minnesota reels from a massive fraud scandal exposing Governor Tim Walz’s dereliction of duty, today’s referral to DOJ underscores the state's ongoing failure to safeguard its citizens and uphold the rule of law."

The state education agency and the sports authority did not immediately respond to requests for comment.

Minnesota is the only state challenging Trump’s anti-trans executive orders to “stop President Trump and his administration from bullying vulnerable children,” according to Minnesota Attorney General Keith Ellison. The state also sued to prevent the administration from pulling its federal funding.

Ellison is defending the state’s policy in court. He also proactively issued a legal guidance document in February that clarifies Minnesota law still requires schools to allow children to participate in sports consistent with their gender identity.