The Hawaiʻi Department of Education is one of 18 school districts and educational institutions across the country being investigated for allowing transgender athletes to participate in school sports, according to an announcement from the U.S. Department of Education on Wednesday. 

The department’s Office of Civil Rights opened Title IX investigations into the institutions — all located in states with a Democratic majority — alleging that they “discriminate on the basis of sex by permitting students to participate in sports based on their ‘gender identity,’ not biological sex.”

Hawaiʻi’s education department allows transgender student athletes to join the high school sports teams of their choice. And Hawaiʻi law prohibits schools from discriminating against students based on gender identity.

But last February, the administration of President Donald Trump issued an executive order barring schools from allowing transgender athletes to participate in women’s sports.

Nanea Ching, spokeswoman for the DOE, said in an emailed statement that the agency is reviewing the matter. 

“We will reserve further comment pending completion of that review,” the statement says. 

The U.S. Supreme Court this week is hearing oral arguments on bans against transgender athletes participating in school sports in Idaho and West Virginia and whether they violate the athletes’ rights.  

Maui Preparatory Academy, a private school, is facing two lawsuits over a policy its officials approved in 2024 requiring transgender students to participate on sports teams and use bathrooms that correspond with their birth gender. Both lawsuits are pending in 2nd Circuit Court.

Fewer than 10 transgender students compete in Hawaiʻi high school sports every year, Christopher Chun, who runs the Hawaiʻi High School Athletic Association, told Civil Beat in March.

Civil Beat reporter Megan Tagami contributed to this report.

Civil Beat’s education reporting is supported by a grant from Chamberlin Family Philanthropy.