Members of the Jefferson School Committee approves changes to the nondiscrimination equal opportunity and affirmative action policy in a split vote during their meeting on Tuesday, Feb. 10. The vote took place following numerous public comments asking for clarification as to the origins of the policy and urging members not to approve. (Claire Taylor photo)
In a split vote following public comment against the policies, the Jefferson School Committee voted 3-2 to approve updates to policies related to gender during its meeting Tuesday, Feb. 10.
The vote to approve changes to the nondiscrimination/equal opportunity and affirmative action policy and the student records policy took place following numerous public comments asking for clarification as to the origins of the policy and urging members not to approve.
“We are looking to clarify, because right now, no matter which way you go, the federal government and the state of Maine are at complete odds with each other,” said school committee member Maria Solorzano.
The school committee originally conducted first readings of the policies during its Jan. 14 meeting.
The edits to the nondiscrimination/equal opportunity and affirmative action policy add a caveat that provides the school impunity from any of their policies being interpreted as “compelling the speech” of staff and students, or preventing the separation of bathrooms, locker rooms, athletic teams, or other sensitive spaces solely according to “biological sex.”
The edits to the student records policy restrict staff to referring to students only by the name and pronouns reflected in their official student record, with the possibility but not requirement, to use alternate names or pronouns if the student’s parents have submitted an official request.
Members did not take action on the policies at the Jan. 14 meeting. When asked by a resident about the impact the proposed gender-centric policies could have on students, school committee Chair Danielle Bernier said discussion would need to take place during the meeting of the policy subcommittee, which includes school committee member Daryl Leeman and Solorzano.
Prior to the school committee’s Feb. 10 meeting, the policy subcommittee met to discuss a request for a change to the proposed nondiscrimination/equal opportunity and affirmative action policy. However, the bulk of the meeting was devoted to a discussion of the policies as members of the public engaged in a conversation.
Some concerns brought up include negative effects on students’ well-being and ability to learn, the targeting of vulnerable students, and questions about how the policies would be enforced.
“Does that not then also identify these students for potential harm and bullying?” asked resident Rachel Bethea.
Solorzano said she disagreed with the idea that refusing to refer to a student by their preferred name and pronouns was harassment.
“Our line is just drawn in that we are not going to do compelled speech,” said Solorzano.
Bethea asked who would determine what bathroom an individual could use. Solorzano said if a student indentifies themselves as being transgender, a meeting could be set up to discuss the potential use of an alternative bathroom.
In response to questions from the audience as to the origins of the amended policies, Solorzano said the documents were generated by the Maine Education Initiative, a project of Maine Policy Institute, a nonprofit organization that works to expand individual liberty and economic freedom. The Maine Policy Institute also runs The Maine Wire, a statewide media outlet.
“Tell me what has happened in the last 10 years that has made it clear that Jefferson Village School needs to put these policies in place,” resident Abi Iverson asked.
Resident Ezra Hickey said that having policies in place could prevent the school from having to face court cases like those currently appearing on the federal level.
“Exactly,” said Solorzano.
Ultimately, the policy committee decided not to recommend a second reading of a proposed sex-separated facilities and programs policy, which would have segregated bathrooms, locker rooms, and athletics by sex. The policy stated that single occupancy gender neutral options for sensitive spaces may be provided if feasible, which several residents said violated student’s right to access a gender neutral bathroom.
“I’m willing to listen, so I’m not set in stone. So, on that particular subject, we can, we may, change things,” Leeman said.
During the school committee meeting that followed, members of the public continued to ask questions regarding the intent of the policies.
“Children cannot learn, grow, or thrive if they do not feel safe being who they are, and I am afraid that if there are policies that that give a statement that they aren’t, that students aren’t able to be who they are, that that will affect everything … Public schools are meant to serve all children. We don’t get to decide which children deserve dignity and which don’t,” said resident Katherine Frost.
Annie Kiermaier, of Rockport, raised concerns the policy would be in violation of the Maine Human Rights Act and could lead to an environment of fear and bullying in the school.
The Maine Human Rights Act prohibits discrimination on the basis of protected class in employment, housing, places of public accommodation, education, and extension of credit. Protected classes include race, sex, sexual orientation, gender identity, disability, religion, age, and more.
“A nondiscrimination policy with any exceptions is, by definition, discrimination,” said Stephanie Nelson, of Newcastle, a former AOS 93 Board member and past chair of Great Salt Bay School Committee.
Before the vote, Bernier said she disagreed with the policies and worried they would open the school up to the possibility of a lawsuit.
“I am not for adding this as policy to the school, at all. I don’t know what else to say besides that I took an oath when I ran for school board to support all children, and I don’t believe this does that,” she said.
Ultimately, the committee approved the nondiscrimination/equal opportunity and affirmative action and student records policies in separate 3-2 votes with Leeman, Solorzano, and Wayne Parlin voting in favor and Danielle Bernier and Andy Bernier voting against.
Jefferson School Committee next meets at 6 p.m. on Tuesday, March 10. For more information, go to aos93.org/o/jvs or call 549-7491.
