Maine Department of Education: Captured by Activists?
Investigations
- Issues
- Sex and Gender
Defending Education submitted a public records request to the Maine Department of Education (MDOE) seeking emails from prominent staff regarding Title IX and President Donald Trump’s executive orders prohibiting males from participating in female sports and prohibiting gender ideology from being taught in schools. The MDOE provided Defending Education with numerous emails among staff discussing the issue. These emails appear to show that MDOE officials are using their positions to promote gender ideology to students across the state.
Key Highlights
- MDOE Commissioner Pender Makin wrote memos and letters advising Maine’s school districts to not comply with President Trump’s executive orders.
- Maine officials cite the Maine Human Rights Act as the reason why the state cannot comply with the president’s executive orders. However, the state law makes no reference to allowing biological men to participate in women’s sports.
- Commissioner Pender Makin discussed the idea of creating a potential video to rally school leaders against complying with President Trump’s executive orders.
- Commissioner Pender Makin’s team appeared to forward positive responses to her in an effort to artificially create positive reinforcement for her decisions.
- The director of MDOE’s legislative team appears to be an activist who uses “They/Them” pronouns.
- Commissioner Pender Makin discussed the possibility of advising school districts in the state to refuse entry to federal law enforcement, such as U.S. Immigration and Customs Enforcement (ICE).
Commissioner Pender Makin Tells Schools to Ignore Trump Administration
The emails that Defending Education received contain several memos and drafts that Commissioner Pender Makin sent to her staff. On January 28, 2025, in reference to Trump’s executive actions, Makin wrote a letter specifically for superintendents, assistant superintendents, and principals discussing the administration’s pause on federal financial assistance. In this memo, she directly advised school leaders to ignore Trump’s executive orders prohibiting males from playing in girls’ sports:
Last week, we advised schools to adhere to the Maine Human Rights Act and your local school board policies related to nondiscrimination. We encourage you to continue to keep all people safe and we reiterate the fact that, at present, neither our state law nor your local policies are diminished by the executive orders directing action at the federal level.
Another email exchange less than an hour later revealed that she sent the memo to other staff to look over before sending to school officials throughout the state. There is no indication if she officially sent the email to the intended recipients.
On January 30, 2025, Makin wrote another memo discussing Trump’s executive order “Ending Radical Indoctrination in K-12 Schooling.” Parts of the memo were marked out by Assistant Attorney General Sarah Forster. Makin notably advises schools to ignore the executive order in this memo:
Presently, there are no provisions in this executive order that overturn Maine laws as enacted by our Legislature in accordance with the Constitution of the State of Maine. The executive order also does not override locally adopted school board policies, including those related to nondiscrimination and locally adopted curricula. Therefore, Maine schools should continue to follow the laws of our state and the provisions within their local policies.
In reference to the executive order, Forster states that the administration is “going to try to tie federal funding to teaching what they want taught, which as we know (and California has already boldly articulated) is going to be difficult, particularly in the case of ESEA and IDEA, since both explicitly leave curriculum and what constitutes a public education up to the States.”
On January 31, 2025, Makin wrote an email to her team once again to ignore Trump’s executive order. She said that local school districts do not need to abide by the president’s executive orders:
The Executive Order does not alter the obligations of schools under state law, including the Maine Human Rights Act, and does not require any immediate changes to locally adopted school board policies. However, school administrators should continue to monitor implementation of the Executive Order – including the strategies issued by the Secretaries of Education, Defense, and Health and Human Services – to assess potential impacts on federal funding.
On February 21, 2025, Makin sent another email to her team directly referencing Trump. She stated: “Also, last night, the President directly referenced the State of Maine, declaring his plan to withhold Federal funding from Maine because of reports that a transgender athlete is allowed to compete in high school sports.” This appears to be a reference to Trump calling out Maine’s governor for allowing males to continue participating in women’s sports in February. Makin pushed back against Trump in this memo:
As you all know, the Maine Human Rights Act protects all people, including transgender people, from discriminatory practices and harassment. This law was enacted by the Maine Legislature and Maine DOE has advised MPA and all schools to follow the laws of our state. There are many congressional barriers and checks and balances of government that should prevent the president from acting on his statement.
Makin then included statements from Maine Governor Janet Mills and Attorney General Aaron Frey attacking Trump. The following quote from Frey defending males playing in female sports was included in Makin’s email:
It is disturbing that President Trump would use children as pawns in advancing his political agenda. Any attempt by the President to cut federal funding in Maine unless transgender athletes are restricted from playing sports would be illegal and in direct violation of federal court orders. Fortunately, though, the rule of law still applies in this country, and I will do everything in my power to defend Maine’s laws and block efforts by the President to bully and threaten us.
A “school nurse specialist,” with pronouns in her email signature, notably responded: “A heartfelt thanks for this information. It has been stressful, and I wholeheartedly appreciate the transparency and diligence in protecting our students, communities, and infrastructure, which we have all worked so hard to build.”
In an email dated February 19, 2025, that appears to show other education groups are following Makin’s guidance, staff of the Maine Principals’ Association (MPA) sent an email claiming to follow the MDOE’s notice to abide by the state’s Human Rights Act. A part of the law that makes no reference to transgender athletes is then quoted.
Maine’s Human Rights Act Does Not Mention Transgender Athletes
According to an email dated February 7, 2025, Commissioner Pender Makin appeared to have a meeting with Equality Maine’s executive director. The organization Equality Maine specifically targets minors who identify as LGBTQ. Equality Maine’s executive director appeared to have discussed with Makin how Maine can defend allowing men to play in women’s sports against the Trump administration. The organization’s executive director quoted Maine’s Human Rights Act as stating:
The opportunity for an individual at an educational institution to participate in all educational, counseling and vocational guidance programs, all apprenticeship and on-the-job training programs and all extracurricular activities without discrimination because of sex, sexual orientation or gender identity, a physical or mental disability, ancestry, national origin, race, color or religion is recognized and declared to be a civil right.
Despite Equality Maine’s executive director and Makin referencing Maine’s Human Rights Act as the reason the state cannot abide by Trump’s executive orders, the law makes no reference to transgender athletes or allowing males to participate in female sports. When mentioning sports, the law states that an educational institution cannot “deny a person equal opportunity in athletic programs.” Considering that a biological male can still participate in the boys’ division sports, Trump’s executive order is not denying anyone’s access to participating in athletics. Makin’s reasoning appears to simply be an interpretation of the law rather than what the law actually states.
In an email exchange dated January 21, 2025, MDOE staff discussed sending a letter to school districts in the state advising them to not comply with the Trump administration’s interpretation of Title IX that prohibits males from participating in female sports. The letter is provided to Assistant Attorney General Sarah Forster to look at before sending out to the districts. The letter advises schools to ignore the Trump administration and follow the Maine Human Rights Act, despite the law not making any mention of allowing men to play in women’s sports.
“The Field Needs to Hear From You”
On March 1, 2025, a “Library Media Specialist” from Freeport High School reached out to Commissioner Pender Makin. She notably had pronouns in her email signature and discussed how Makin created a video during the COVID-19 pandemic that “helped to create a sense of solidarity and shared concern for the forces rocking Maine school and the lives of everyone in the larger community.”
This library media specialist then asked for Makin to make a similar video about the U.S. Department of Education cutting federal funding from schools and institutions that continue to promote diversity, equity, and inclusion (DEI) initiatives and programs. She stated:
I understand that this is a big ask and that there is likely little you can say with certainty. However, with the new EndDEI web form launched this week and the threat of the loss of all federal funding to Maine, many educators are shaken and feeling vulnerable.
She added: “I would like to hear in particular that the Maine DOE will offer support to any school or district targeted for investigation as a result of reports of ‘divisive ideologies and indoctrination’ or ‘illegal discriminatory practices at institutions of learning.'” The web form she mentioned allows concerned community members of schools to “submit reports of discrimination based on race or sex in publicly-funded K-12 schools.”
The MDOE’s “Director of Special Projects” forwarded the email to Makin. The commissioner stated that she “would love to do this.” The idea of the video would be for “letting people know that we are doing the right thing and that if the US Constitution holds, we should be fine.” The special projects director then responded: “My vote is that the field needs to hear from you… they need reassurance from their leader and the silence is not helpful… we got another one over weekend from Freeport.”
MDOE Receives Responses
On February 21, 2025, Superintendent Jeff Porter of School Administrative District #51 reached out to Commissioner Pender Makin seeking guidance after President Trump’s executive orders. He asked:
As you likely know, the threat to federal funding by the President is based on a transgender student from Greely winning the pole vaulting state championship this week. I am wondering if the Governor has plans to change course or not? It is important for my district to know this as soon as possible given the national attention this is currently receiving, and will likely continue receiving in the near term. Having this information would help with messaging one way or the other. Any insight or information you can offer would be appreciated.
A response was not included in the emails that Defending Education received.
Makin also received an email from Mary Jane McCalmon, who is a former superintendent of Portland Public Schools. In this email dated January 23, 2025, McCalmon told Pender that her job “will be tougher now given the ascent of Trump.” She then criticized the Trump administration for enforcing federal immigration laws:
I along with others are very concerned about our refugee/immigrant student population’s safety given Trump’s executive orders aimed at those populations. In Portland, Lewiston/Auburn, Biddeford & a few other places in Maine the issue is particularly pressing. Please do everything you can to bring Superintendents together to support them in planning for this imminent threat.
Makin’s team appeared to forward positive responses to her. In an email dated February 3, 2025, a member of Makin’s team forwarded her an email thanking the department “for supporting the LGBTQ+ youth in schools.” This may serve as an attempt from Makin’s team to create positive reinforcement for her decisions. The forwarded message continued to state:
It is imperative that we all stand together to protect ALL children and people, and sadly the transgender community is experiencing an incredible amount of hate and discrimination. Thank you for stating your support publicly. I know that is not easy and I am sure there are a lot of emails and calls telling you to back down. I urge you to continue to resist, to do what is right – which is to see all people as humans who deserve respect, dignity and to know they have value in our society.
The email is titled “Another example” appearing to show that other emails similar to this were forward to Makin.
“They/Them” Leads MDOE’s Legislative Team
On November 8, 2024, the MDOE’s “Director of Policy & Government Affairs” sent an email to other MDOE staff discussing the results of the 2024 presidential election. This person’s email signature notably had “They/Them” pronouns listed. The policy and government affairs director stated in an interview posted on the MDOE’s website:
As the Director of Policy and Government Affairs, I am a part of the team that works to bring our vision for education in the State of Maine to life. My focus is on legislation and policy, collaborating with people from across the department to understand, respond to, and influence the different laws, rules, and guidance related to education here in Maine.
The email this person sent to MDOE staff was an update on Maine’s political landscape going into 2025. In what appears to be unrelated to the email’s content, the email also contains an image of a duck’s head coming out of a banana peel. This person appears to run the MDOE team that is responsible for making policy decisions and helping state legislators craft bills.
Reaction to ICE
In an email dated January 24, 2025, Commissioner Pender Makin discussed providing guidance and pushing back against the Trump administration enforcing federal immigration laws. When discussing the possibility of creating guidance for schools, she accused the Trump administration of purposefully causing “confusion” through executive orders. She stated:
[Redacted] – would you please share these examples with [redacted] to see if we might receive permission to issue some sort of statement to the field (no need to call it “guidance” if that feels out of line to the AG office… but just maybe “clarifications” or “FAQs”?? Multiple DOE team members have received outreach and the Portland newspaper features some confusing examples of what schools are doing or have been doing… Confusion is likely the goal of these EOs and if we can even clarify a few specific things, it will go a long way toward supporting schools.
In another email from that same day, Makin discussed providing guidance to the state’s school districts to help them push back against U.S. Immigration and Customs Enforcement (ICE). She appeard to explain that a school board policy can be enough to prevent law enforcement from entering a school:
My current hypothesis is that if a school has a local policy limiting law enforcement access within the schools in order to preserve the educational environment, they can enforce that if ICE shows up with no warrant or with an administrative warrant. A judicial warrant might be another story, but not sure.
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