Maryland public schools could lose federal funding over gender identity policies, as a clash escalates between the U.S. Department of Education and the Maryland State Department of Education.
So far, state leaders have dismissed the warnings.
MSDE requires that public schools provide access to restrooms, locker rooms, and the sports teams of students based on their preferred gender identity. Julie Hartman, a spokeswoman for the U.S. Department of Education, said those rules risk violating Title IX.
“Our other investigations serve as an example: students that are forced to share locker rooms with somebody of the opposite sex — that’s just something that this department is not going to tolerate. And so, if schools continue to violate Title IX and fail to come into compliance with the sex space protections of title nine, then absolutely, their federal funding is at risk,” Hartman told Spotlight on Maryland.
State Superintendent Carey Wright shrugged off the warning, citing a 2020 case, Grimm v. Gloucester County School Board, in which a federal court ruled in favor of a Virginia student who was barred from using the bathroom matching their gender identity.
When Spotlight on Maryland asked her if she’s concerned or considering changes, Wright said “no.”
“We are following the decision that was made at the fourth circuit (court), and we’ve given a lot of guidance out to schools as to how to follow that,” she said.
Multiple states targeted
The fight comes as the federal government redefined how it interprets and enforces Title IX funding requirements under the second Trump administration.
In August, federal officials threatened to pull funding from five Northern Virginia school districts over policies allowing students access to facilities based on gender identity. Fairfax County and Arlington County public schools responded with a lawsuit, citing the 2020 Grimm ruling.
On Tuesday, the Education department and the U.S. Department of Health and Human Services announced that the Minnesota Department of Education violated Title IX by allowing biological males to access female restrooms, locker rooms and sports teams.
The Education department in April referred its investigation into the Maine Department of Education to the U.S. Department of Justice, threatening to terminate Title IX funding over similar policies.
Spotlight on Maryland asked Wright if she is concerned about federal action on Title IX taken in other states.
“I think every state has got to make its own decision and I think that’s what some of my colleagues have done,” Wright responded.
Gov. Wes Moore’s office did not immediately respond to a question about whether he is concerned Maryland could lose Title IX funding.
‘Children belong to parents’
Maryland’s guidance instructs school districts to consider withholding information from parents when their children decide to transition genders at school.
“Prior to discussion with the parent or guardian regarding the disclosure of information, work closely with the student to assess the degree to which, if any, the parent or guardian will be involved in the discussion,” an MSDE document on student transitions states.
Spotlight on Maryland previously reported that Baltimore, Calvert, Charles, and Harford counties confirmed they follow MSDE guidance on withholding information about student transitions from parents. Frederick and Montgomery counties adopted local policies and guidance closely aligned with the MSDE document.
Hartman said those policies may deepen Maryland’s risk of federal conflict.
“The bottom line is that Secretary McMahon and President Trump believe that children do not belong to the government. Children belong to parents. And this department will vigorously uphold parental rights laws,” Hartman told Spotlight on Maryland. “If an entity fails to follow those, they risk their federal funding because taxpayers will not sponsor discrimination against American students under this administration.
The Maryland Comprehensive Health Education Framework requires that public schools teach kindergartners to “recognize a range of ways people identify and express their gender.”
In July, the U.S. Supreme Court sided with parents who sued the Montgomery County Board of Education after it removed an opt-out option from a language arts curriculum that included LGBTQ–themed books. One title, “Born Ready: The True Story of a Boy Named Penelope,” details how a young girl identifies as a boy.
Spotlight on Maryland is a joint venture by FOX45 News, The Baltimore Sun and WJLA in Washington, D.C. Have a news tip? Contact Patrick Hauf at pjhauf@sbgtv.com and @PatrickHauf on X.