U.S. Department of Education Opens Title IX Investigations Into the Minnesota State High School League and the California Interscholastic Federation

As we shared in a previous alert, in early February, President Trump issued an Executive Order titled “Keeping Men Out of Women’s Sports,” which restricts transgender women and girls from participating in women’s athletic competitions and threatens to rescind federal funds from any institutions that do not comply with the Executive Order. Citing Title IX as its legal authority, the Executive Order directs the United States Department of Education to “affirmatively protect” all-female athletic opportunities and locker rooms and bring enforcement actions against institutions that allow transgender women to participate in women’s sports.

As we discussed in our previous alert, this presents a quandary in Illinois and similarly situated states with laws that explicitly prohibit discrimination and harassment based on gender identity. For example, here in Illinois, the Illinois Human Rights Act specifically protects transgender, nonbinary, and gender nonconforming individuals from discrimination, which may place federal law and Illinois law on a collision course.

Since our last update, the Department of Education has now started to take action against educational institutions that are not in compliance with the Executive Order. On February 10, 2025, the Minnesota State High School League (“MSHSL”) issued a letter about its intent to seek clarity from the Minnesota Attorney General on the Executive Order and Minnesota law, given the conflicting nature between the two. The MSHSL also stated that, in the interim, it would maintain its current bylaws of allowing transgender student participation, based on Minnesota state law. The California Interscholastic Federation (“CIF”) released a similar statement. Both organizations pointed to their respective States’ laws which, similar to Illinois, prohibit discrimination on the basis of gender identity. 

Two days later, on February 12, 2025, the U.S. Department of Education issued a press release, announcing that it was directing investigations into the MSHSL and the CIF. In its press release, the Department of Education referred to the organizations’ statements supporting transgender students as “plans to violate federal antidiscrimination laws related to girls’ and women’s sports.” The release acknowledged that California and Minnesota had laws in place that allow athletes to participate in sports teams based on their gender identity. However, the Department of Education stated that biological sex is the basis for Title IX protections and implied that gender identity is not a basis for Title IX protections. Furthermore, the Department of Education took the position that state laws do not override federal antidiscrimination laws, and that athletic organizations and their member schools remain subject to the federal interpretation of Title IX and its implementing regulations.

Given Illinois has laws similar to those of California and Minnesota, and the Department of Education’s prompt and decisive actions against institutions it deems to be noncompliant with the new Executive Order and this Administration’s interpretation of Title IX, Illinois school districts, colleges, and universities should work closely with their legal counsel with respect to transgender student participation in athletics. Illinois institutions should also carefully consider what statements, if any, they make with respect to this topic. For now, it is unclear how potential conflicts between federal and state laws regarding gender identity will be resolved. However, we will continue to closely monitor any activity related to this Order, the Department of Education’s enforcement of it, and the relationship between the Executive Order and state laws.

If you have any questions related to the Executive Order, Title IX, or your organization’s policies and procedures, please contact a member of our Franczek Title IX team or any Franczek attorney.