AUGUSTA — Maine Republicans are criticizing state education officials for telling local schools that an executive order signed by President Trump applies to federal agencies, not local schools.

The order, one of many signed by Trump on Inauguration Day, states that the federal government will recognize only two genders and directs federal agencies to rescind documents on transgender equality.

“My administration will defend women’s rights and protect freedom of conscience by using clear and accurate language and policies that recognize women are biologically female, and men are biologically male,” according to the order titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.”

In response, the Maine Department of Education issued guidance the following day to local schools saying that that executive order applies only to the federal government. 

The notice states that it “does not inhibit the force of Maine law or locally adopted school board policies.”

It also says Maine school districts are expected to follow the Maine Human Rights Act, which prohibits discrimination against protected classes. Those classes include “sex and sexual orientation (which includes gender identity and expression).”

But about 30 Maine GOP House members dispute that interpretation, saying that they believe Maine is in jeopardy of losing federal funds and could face lawsuits for failing to follow the orders.

“We strongly support these important steps to protect our children, preserve fairness, maintain the integrity of sex-based distinctions, and renew the focus on education and not indoctrination,” the statement says. 

They characterize the executive order as an attempt to ensure “that the well-being of our children is safeguarded from policies that seek to divide, sow discontent, and contradict biological reality.”

In an interview, Assistant House Minority Leader Katrina Smith (R-Palermo) said it’s important to spark discussion about the order and how it applies to Maine.

“If the president is leading in this direction, I’m also concerned that the state is not going to follow,” she said. “I think we really need to see where we land on this, let’s bring it out into the open, see how Maine and the federal government are going to work together.”

For the past few years, Smith said debates at local school boards and in superintendents’ offices led her to believe that there’s a need for more clarity on diversity and gender issues. 

“I think it’s a huge issue,” she said. “I think there’s been people who have felt that they couldn’t speak out on this topic so they may not have been as vocal. They’ve really felt the public perception of them as hateful when they are sticking up for girls in sports and things like that.”

The pushback from lawmakers is likely the opening salvo in what could become a major debate at the State House this session. Republicans on the education committee have sharply questioned the state education commissioner in recent years about diversity programs and social emotional learning, which they say detracts from basic school lessons.

A GOP-sponsored bill headed to the Judiciary Committee, LD 233, seeks to “prohibit biological males from participating in school athletic programs and activities designated for females when state funding is provided to the school.”

Several of the Republicans who signed the Wednesday letter to the department of education are co-sponsors of the legislation. 

Smith said there will also be a bill on bathroom usage coming from the GOP caucus.

In response to the GOP press release, the department issued a statement saying that its role is to provide guidance to local school boards about federal directives.

“It is not accurate for Republicans to suggest that the Maine Department of Education has advised schools to disregard the President’s Executive Order,” according to the statement.

Rather, the department advised school boards that the order applies to federal government agencies and that Maine schools must follow Maine law. 

“Lastly, Maine is a local-control state, which means that it is school boards, in conjunction with parents and community members, that have a right to determine local SAU policy, so long as that policy is consistent with State law, as determined by the Maine Legislature,” the statement reads.