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The U.S. Department of Education opened an investigation today into Portland Public Schools and the Oregon School Activities Association’s allowing a transgender student-athlete to compete in an interscholastic girls track and field competition last week.
The department accuses PPS and OSAA of violating Title IX, which prohibits sex-based discrimination in any school or education-related program. The DOE’s Office of Civil Rights alleges PPS allowed the athlete to use the girls’ locker room. It also notified OSAA, which governs the Portland Interscholastic League (a high school conference), that it would investigate its gender identity participation policy.
Over the weekend, the McDaniel High School student-athlete, whom WW is not identifying because she is underage, was subject to a slew of right-wing media coverage after winning 200- and 400-meter races at a track meet March 19, with critics saying her participation was unfair to other female competitors. She won the 200 meters by 1.5 seconds and the 400 meters by about 10 seconds.
As The Oregonian reported Tuesday, the athlete won the class 6A championship in the 200 and was second in the 400 last year. She was subject to similar attacks back then.
In a statement, PPS Superintendent Dr. Kimberlee Armstrong says she’s aware of the complaint filed with the feds. The district is fully cooperating with the investigation, she says. “I stand firm in our legal responsibilities,” she tells WW, “and I deeply value every student’s right to be treated with dignity, safety and respect.”
“PPS is in full compliance with Oregon state law, which may differ from federal guidance. We are actively working with our legal and state partners to navigate this complex legal landscape,” Armstrong says. “While I am limited in what I can share at this time due to the sensitive nature of the matter and our duty to protect student privacy, I want to be clear: My commitment—and our district’s commitment—to doing what’s right for all students, especially those most vulnerable, remains unwavering."
President Donald Trump’s administration has cracked down on transgender athletes competing in women’s sports. In February, Trump signed an executive order titled “Keeping Men Out of Women’s Sports,” which denies transgender women the opportunity to participate in women’s sports.
“It is the policy of the United States to rescind all funds from educational programs that deprive women and girls of fair athletic opportunities, which results in the endangerment, humiliation, and silencing of women and girls and deprives them of privacy,” the order reads. “It shall also be the policy of the United States to oppose male competitive participation in women’s sports more broadly, as a matter of safety, fairness, dignity, and truth.”
In Oregon, the OSAA’s current policy allows “students to participate for the athletic or activity program of their consistently asserted gender identity while providing a fair and safe environment for all students.”
The policy says that once a transgender student has notified their school of their gender identity, the student “shall be consistently treated as that gender for purposes of eligibility for athletics and activities.”
“The OSAA received the investigation notification today,“ says spokesman Nate Lowery. ”We are consulting with our legal counsel to respond to the Department of Education’s letter."
Craig Trainor, acting assistant secretary for civil rights, said in a release that the Trump administration “will not allow the Portland Public Schools District or any other educational entity that receives federal funds to trample on the antidiscrimination protections that women and girls are guaranteed under law.”
“[The Office of Civil Rights] will use every lawful means to ensure that no female athlete is denied equal athletic opportunities or robbed of her rightful accolades,” he said.
Oregon House Minority Leader Christine Drazan (R-Canby) celebrated the federal action. “Treating every student with dignity, safety, and respect means defending fair competition in women’s sports,” she said in a statement. “The U.S. Department of Education made the right call to protect the rights of women and girls in sports.”