Minnesota’s Department of Education and the organization operating the state’s high school athletics have 10 days to resolve a bylaw allowing transgender athletes to compete in girls sports.

The U.S. Department of Education and Department of Health and Human Services on Tuesday ruled the Minnesota Department of Education and the Minnesota State High School League, the nonprofit organization that oversees high school athletics in Minnesota, are both in violation of Title IX for allowing athletes assigned male at birth to compete in female sports.

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.

The federal government determined the state’s Department of Education and MSHSL, over the course of several years, allowed male athletes to compete in girls Alpine skiing and Nordic skiing, girls lacrosse, girls track and field, girls volleyball and girls fastpitch softball.

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

A resolution agreement was proposed to the state and MSHSL from the federal government to “voluntarily resolve their Title IX violations within 10 days or risk imminent enforcement action,” which would include losing federal funding.

“For too many years, Minnesota’s political leadership has found itself on the wrong side of justice, common sense, and the American people. Now the Minnesota Department of Education and the Minnesota State High School League find themselves on the wrong side of Title IX by allowing males to compete in women’s sports,” Craig Trainor, the U.S. Education Department’s acting assistant secretary for civil rights, said in a statement. “The Trump Administration will not allow Minnesota or any other state to sacrifice the safety, fair treatment, and dignity of its female students to appease the false idols of radical gender ideology. 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.”

Minnesota’s DOE 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.” MSHSL Executive Director Erich Martens declined to comment.

One state senator said allowing transgender athletes in female sports could jeopardize the state’s federal financial support.

“Today’s decision by the U.S. Department of Education is an important step in protecting the promise of Title IX,” 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.”

Officials at the MSHSL have stated Trump’s executive order appears to conflict with the Minnesota Constitution. In April, Minnesota Attorney General Keith Ellison sued the Trump administration over the executive orders that Ellison said amount to “bullying” of trans children.

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.

“Due to a court order, we cannot talk about the specific details of the case. But we know that women and girls in Minnesota are being sidelined and losing opportunities as a result of the MSHSL’s policy allowing males to play girls’ sports. 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.

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

This is a developing story. Check back for updates.