The U.S. Department of Education opened an investigation Tuesday into Portland Public Schools and the Oregon School Activities Association for allowing a transgender student-athlete to compete in an interscholastic girls' track and field competition last week.
As reported by Joanna Hou of Willamette 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 for 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.
The McDaniel High School student-athlete won 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. The athlete won the class 6A championship in the 200 and was second in the 400 last year, according to Hou, citing reporting by The Oregonian.
In a statement, PPS superintendent Dr. Kimberlee Armstrong said the district is fully cooperating with the investigation. “I stand firm in our legal responsibilities,” she told Willamette Week, “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 said. “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."
As reported by Hou, 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 states 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,“ association spokesman Nate Lowery said. ”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 anti-discrimination protections that women and girls are guaranteed under law.
“[The Office for Civil Rights] will use every lawful means to ensure that no female athlete is denied equal athletic opportunities or robbed of her rightful accolades."
