AUGUSTA — One of the three entities singled out for alleged non-compliance with federal sex discrimination law says it does not receive federal funds so it cannot be subjected to a compliance review or future litigation.
In a letter to the U.S. Department of Health and Human Services, the Maine Principals’ Association says a compliance review should be dismissed “for lack of jurisdiction.”
“The MPA has no ability to accept or reject federal obligations, as a condition of financial assistance it does not receive,” states the letter from James Belleau, an attorney with Trafton, Matzen, Belleau & Frenette, a law firm based in Auburn.
On Monday, the federal HHS Office for Civil Rights gave Maine 10 days to comply with its interpretation of Title IX, which bars discrimination based on sex. In addition to the Maine Principals’ Association, it said the Maine Department of Education and Greely High School are also in violation of Title IX.
The compliance review stems from a recent high school sporting event in which a transgender girl won a girls’ sports championship. The MPA has a policy on transgender sports participation that is consistent with the Maine Human Rights Act, which prohibits discrimination based on gender identity.
The policy, posted on the MPA website, says it’s up to local schools to verify the student’s gender identity so the athlete can participate in events.
“A transgender student shall be eligible to participate in accordance with either their birth sex or in accordance with their gender identity, but not both,” the policy reads.
In 2005, Maine added gender identity to the classes of people protected from discrimination in employment, housing and education. At the time, most of the debate focused on adding sexual orientation to the list of protected classes.
In a statement, the MPA said it “remains committed to the longstanding principles laid out in Title IX.”
“Until recently, our policy aligned with both Title IX and the Maine Human Rights Act which has been and always will be our intention,” according to the statement.
The attention to the organization is new territory for the group best known for hosting high school sports championships.
But in the last few weeks, the MPA has found itself at the center of a maelstrom that started when a state lawmaker posted a photo of a transgender student athlete on Facebook.
It continued when President Donald Trump called out Maine — and by extension the principals’ association — for its policy of allowing transgender girls to play on female sports teams.
And it resurfaced in the news this week when the HHS told the state it has 10 days to come into compliance with their interpretation of Title IX — or potentially face a Department of Justice lawsuit.
The Monday decision from federal officials says Maine “engaged in discrimination on the basis of sex in violation of federal law by allowing males to compete in sports reserved for girls.”
In response, the principals’ association released statements through Jared Bornstein, a policy advisor at PretiStrategies, a public relations firm in Augusta.
On its website, the association describes itself as a private nonprofit with voluntary membership.
Most of its funding comes from its 151 member schools, who get the majority of their funds from local property taxes and the state, the MPA argues.
“The vast majority of our funding comes from ticket sales, sponsorships, streaming, television and other contracts,” the group said in a statement issued earlier this week.
The MPA also echoed recent comments by Gov. Janet Mills on the issue of allowing transgender girls to compete on girls’ sports teams. Earlier this month, Mills told reporters outside the Blaine House that the issue is “worthy of a debate” in the state Legislature.
The MPA agrees, saying it “is a policy question that should be decided by the Maine Legislature and by Congress.”
“MPA’s only desire is to follow the law, which right now our legal counsel advises is the Maine Human Rights Act,” the statement said. “We look forward to our elected leaders answering these important questions.”