MSHSL Directed Investigation Letter
UNITED STATES DEPARTMENT OF EDUCATION
OFFICE FOR CIVIL RIGHTS
February 12, 2025
Don Peschel, Board President
Minnesota State High School League
sent via E-mail
OCR Case Number 05258901
Dear Mr. Peschel:
The United States Department of Education’s (Department) Office for Civil Rights
(OCR) writes to inform you that it is initiating a directed investigation of the
Minnesota State High School League (MSHSL). Under President Trump’s February
5, 2025, Executive Order, Keeping Men Out of 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,” and to take “all appropriate action to
affirmatively protect all-female athletic opportunities and all-female locker rooms
and thereby provide the equal opportunity guaranteed by Title IX of the Education
Amendments Act of 1972.” This directed investigation is in furtherance of President
Trump’s policy directive and OCR’s mandate to enforce federal civil rights laws.
Pursuant to its regulatory authority set forth in 34 C.F.R. § 106.81, OCR will initiate
an investigation whenever a report, complaint, or other information indicates a
possible failure to comply with the laws and regulations that OCR enforces. In a
public statement released after President Trump’s signed his Women’s Sport
Executive Order, MSHSL announced its intention to violate federal
antidiscrimination laws and, instead, operate only under Minnesota state law as it
relates to girls’ and women’s sports. Minnesota state law, however, does not preempt
or otherwise nullify federal antidiscrimination laws, and the Minnesota State High
School League and its League Member Schools remain subject to Title IX and its
implementing regulations.
OCR enforces Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681, and
its implementing regulation, 34 C.F.R. Part 106, which prohibit discrimination on
the basis of sex in any education program or activity operated by a recipient of
Federal financial assistance.
400 MARYLAND AVE. SW, WASHINGTON, D.C. 20202-1100
www.ed.gov
Mr. Don Peschel
February 12, 2025
Page 2
OCR’s directed investigation will examine whether MSHSL denies equal athletic
benefits and opportunities to female athletes through an athletic participation policy
that permits biological males to participate in girls interscholastic athletics. OCR’s
initiation of a directed investigation is not itself evidence of a violation of federal civil
rights laws and regulations.
OCR’s Chicago regional office will conduct this directed investigation. OCR will
contact MSHSL officials within a week of the date of this letter to arrange for the
next steps in the investigation, including requesting access to data and personnel.
Sincerely,
/s/
Craig Trainor
Acting Assistant Secretary for Civil Rights
United States Department of Education
400 MARYLAND AVE. SW, WASHINGTON, D.C. 20202-1100
www.ed.gov
