MINNEAPOLIS — The federal government says that Minnesota must change its rule governing transgender athlete participation in girls high school sports within 10 days or it will “risk imminent enforcement action.”

The U.S. Department of Education, in a press release issued late Monday, said that the state is in violation of Title IX by allowing athletes assigned male at birth to compete in female sports. That refers to the federal law prohibiting sex-based discrimination in high school activities.

Minnesota’s Department of Education and the Minnesota State High School League (MSHSL), a nonprofit group that oversees the state’s high school athletics, are identified in the federal press release as in violation of Title IX. The press release does not specify what consequences the state might face, but a Republican state senator said Tuesday that failure by the state to change its bylaw could result in loss of federal education dollars.

“Once an education program or entity takes federal funds, Title IX compliance becomes mandatory. And the federal government will hold Minnesota accountable until it recognizes that fact,” Craig Trainor, the U.S. Education Department’s acting assistant secretary for civil rights, said in the press release.

The administration of President Donald Trump has pushed in Minnesota and nationwide since he took office at the beginning of the year to prohibit participation by transgender athletes in girls high school sports. The state’s Democratic leaders, including Gov. Tim Walz and Attorney General Keith Ellison, have defended the state’s policy.

Minnesota’s Department of Education said in a statement said it is “reviewing the letter and remains committed to ensuring every child has the opportunity to thrive in a safe and supportive school community.” Erich Martens, the executive director of the MSHSL, declined to comment.

The MSHSL’s board of directors in 2015 voted to open girls sports to transgender student-athletes. The decision took effect for the 2015-16 school year. The ruling made Minnesota the 33rd state to adopt a formal transgender student policy.

An inquiry by the civil rights office of two federal agencies determined that over the course of several years, male-at-birth athletes were allowed to compete in girls Alpine skiing and Nordic skiing, girls lacrosse, girls track and field, girls volleyball and girls fast-pitch softball.

The MSHSL’s current bylaw allows participation for all students “consistent with their gender identity or expression in an environment free from discrimination with an equal opportunity for participation in athletics and fine arts.” Citing the Data Privacy Act, the MSHSL does not require, nor does it keep, records of transgender athletes in Minnesota.

The U.S. Department of Education initiated an investigation into the MSHSL in February under the belief it planned to violate an executive order signed in January by Trump that declared transgender athletes ineligible to play girls sports.

“Today’s decision by the U.S. Department of Education is an important step in protecting the promise of Title IX,” state Sen. Carla Nelson, R-Rochester, said in a statement. “Title IX was created to open doors for girls, and we must keep those doors wide open for generations to come.”

Title IX prohibits sex discrimination in any school or education program that receives federal funds, dating to a 1972 decision and intended to ensure equity between boys and girls and men and women in education. It applies to athletes, the classroom, campus safety, employment, discrimination, admissions and more.

Officials at the MSHSL have stated Trump’s executive order appears to conflict with the Minnesota Constitution.

At the national high school sports level, leaders tout interscholastic activities as a place of belonging for all students.

“By design, we do not have accountability over states regarding their transgender policies,” said Dr. Karissa Niehoff, chief executive of the National Federation of State High School Associations (NFHS), which writes the rules of competition for high school sports in the United States. “But we also say that the most important thing we can do is give every student a place to belong.”

It’s unclear how the federal government’s finding may affect a pending federal lawsuit filed by high school softball players against Ellison and other state leaders that aims to remove transgender athletes from their sport.

Attorneys on behalf of Female Athletes United, the organization representing the players, declined to say how the federal ruling may impact the civil lawsuit, citing a court order.

“We hope the MSHSL and the Minnesota Department of Education will take these findings seriously and rescind their discriminatory policy so that Minnesota girls can compete on the level playing field that Title IX guarantees,” said Renee Carlson, general counsel for True North Legal.

The suit, filed in May, was brought on behalf of metro-area high school softball players who allege Minnesota’s policies allowing transgender athletes in their sport violates Title IX and creates an unfair environment.

U.S. District Judge Eric Tostrud on Sept. 19 denied Female Athletes United’s request to issue a preliminary injunction against Minnesota’s bylaw ahead of the softball season while the civil suit continues to be litigated. Tostrud in his order said Female Athletes United is unlikely to succeed in their argument that Minnesota’s policy creates an uneven playing field.

Female Athletes United appealed the order, bringing the decision to the U.S. Court of Appeals for the Eighth Circuit.

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(Sarah Nelson, Mara Klecker, Cassidy Hettesheimer and Joe Christensen of the Minnesota Star Tribune contributed to this story.)

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