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Portland Public Schools is seeking to intervene in a Department of Justice lawsuit against the state over transgender athletes, filing a motion Wednesday to quash a federal subpoena for student records kept by the Maine Principals’ Association.

The school district’s motion to intervene in the lawsuit says that it is “directly affected” by the subpoena as it has an “interest in protecting the confidential education records of its students.”

The school department called for the U.S. District Court to quash the subpoena, citing the Family Educational Rights and Privacy Act, or FERPA, which protects such records from being distributed without a student’s or parent’s consent.

The Department of Justice sued the Maine Department of Education in April for allowing transgender athletes to compete in girls sports. They say it violates Title IX, a federal law protecting women from discrimination in education and other federally funded activities.

The MPA, a private nonprofit organization that oversees interscholastic sports in Maine, has asked a federal judge to void the subpoena issued by the Justice Department.

The department is seeking background information on the MPA, including who runs it, which schools are members, and athletic rosters and records of athletic competitions. The federal government is also seeking information on MPA policies, any “complaints, concerns, praise or reports” that they have received regarding transgender athlete participation, and more.

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The Department of Justice has argued that the information is “highly relevant” and is needed in its case against the Maine Department of Education.

The MPA has argued that the subpoena asks for documents containing sensitive personal information and accused the federal government of “fishing” for information.

The Portland school department believes it will see an impact if the information is released.

“The practical consequences of this include that students and families may be deterred from participating in sports for fear of having confidential education records transferred beyond the MPA,” the Portland school district’s motion states.

The district also fears it may lose the “trust and confidence of its students and families in its ability to protect the integrity” of those records if the subpoena is not quashed, the motion states.

The Justice Department’s suit, filed in April, came after months of back and forth between the state and the Trump administration over Maine’s policy on transgender athletes, which is based on protections in the Maine Human Rights Act that prohibit discrimination based on gender identity.

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State Rep. Laurel Libby, R-Auburn,  drew national attention to the issue in February when she posted on Facebook about a transgender girl winning a state championship track event.

The issue gained even more attention days later following an exchange between Democratic Gov. Janet Mills and President Donald Trump during a gathering of governors at the White House, where Mills told Trump, “See you in court.” The Trump administration subsequently put a freeze on U.S. Department of Agriculture funding for schools.

A settlement was reached in May in a separate lawsuit over the USDA funding. The federal agency agreed not to terminate or interfere with Maine school funding based on the alleged Title IX violations and without going through the proper legal process.

The Maine DOE and the DOJ have until Sept. 24 to file responses to Portland’s request to intervene. A judge will then decide whether the school department may intervene.

Drew is the night reporter for the Portland Press Herald. He previously covered South Portland, Scarborough and Cape Elizabeth for the Sentry, Leader and Southern Forecaster. Though he is from Massachusetts,...

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