RSU 40 Board Takes First Vote on Transgender and Gender Expansive Students Policy Deletion

At a nearly five-hour meeting on the evening of Thursday, May 16, the RSU 40 Board of Directors passed a motion to delete the district’s transgender and gender expansive students policy, the first of two votes that would be needed to remove the policy.

The vote was 505-422, with 15 of 16 total board members in attendance. The board will vote for the second and final time on whether to delete the policy during its Thursday, June 6 meeting.

The five-page policy draws on the Maine Human Rights Act, defining key terms, including “gender expression,” “transgender,” and “gender expansive,” and outlining a procedure for school administrators to follow in the event that a student wants to assert their identity as transgender or gender expansive at school.

The district’s policy stipulates how and with whom information about students’ gender identity and expression can be shared; calls for students and staff to use a student’s preferred name and pronouns; describes how transgender and gender expansive students will be accommodated in gender-segregated facilities and activities, such as bathrooms and sports; and outlines safety and support procedures for such students, recognizing that transgender and gender expansive students “can be at higher risk for being bullied or harassed.”

Fifty-three residents addressed the board during public comment, with 44 speaking in favor of keeping the policy and nine advocating for its deletion.

Proponents of the policy said on May 16 that the policy provides them with the guidance they need in order to remain in compliance with state law. Opponents raised concerns about parents’ rights and bathroom and locker room use.

Throughout the public comment period and board discussion, Chair Danny Jackson asked repeatedly, to little effect, that audience members “on both sides” hold their applause and refrain from heckling or booing speakers.

“To say that I’m terrified is an understatement,” said Wren Davis, a student at Medomak Valley High School who said that the district policy had helped him navigate school as a transgender student. “This policy saved my life. It saved many lives.”

“What this policy does provide is clear guidance for administrators and other school personnel, as well as transparency for families and the public, about the procedures to be followed to address the needs of transgender and gender expansive students,” said Julia Levensaler, principal of Miller School and a resident of Waldoboro. “Even at the elementary school, I have needed to use this policy, and I was very glad that I didn’t have to try to make it up on my own.”

The Maine Human Rights Act prohibits discrimination in education against individuals who fall within protected classes, including those who are, or are perceived to be, transgender or gender expansive.

Barbara Archer Hirsch, counsel for the Maine Human Rights Commission, addressed the board during public comment.

“Removing this policy does not relieve your obligations under the law. It will not change what the Maine Human Rights Act requires you to do but it does send a message — and the message is not one of inclusion, like it says on your wall over there,” Archer Hirsch said, looking towards a mural painted on the wall of Union Elementary School with words including “inclusion,” “flexibility,” and “risk”.

Archer Hirsch said removing the policy “could be considered or perceived to create a hostile educational environment” for transgender and gender expansive kids.

“As a nonbinary staff member, this policy makes me proud of my workplace and safe within it. It is a part of the reason why I chose this district. It gives me hope and comfort knowing that my students are allowed to feel safe and confident at school and when that wasn’t available to me,” said Amelia Winters, a teacher at Medomak Middle School.

Amber Lavigne, of Newcastle, spoke about her experience at Great Salt Bay Community School in Damariscotta, where she said her child was given a chest binder and used a different name and pronouns without her knowledge, prompting Lavigne to sue the school. Lavigne’s case was recently dismissed by a federal judge.

“We will be appealing,” Lavigne said, adding that she would help other families bring lawsuits against the RSU 40 Board of Directors if similar circumstances arise.

The transgender and gender expansive student policy stipulates that in the event a student who has not yet informed their parent(s)/guardian(s), the administrator should first discuss parent/guardian involvement with the student to avoid inadvertently putting the student at risk by contacting their parent(s)/guardian(s).

The policy also adds “parents/guardians have a right to access all education records of their child and therefore the school cannot keep the change in name and/or gender a secret.”

Other speakers raised concerns about bathroom use, including Vanessa Humes, of Warren, who said she was afraid young women would be “victimized” in restrooms by “people of the opposite gender coming into their locker rooms and bathrooms.” Per the policy, students are permitted to use the restrooms that most closely match their gender identity.

“If the school board’s concerned the boys of our district will use this policy as an excuse to sexually assault girls at school, we have a bigger problem than the gender expansive policy,” said Torry Verril, of Warren.

Amy Smith, a Waldoboro parent and midwife, said that her experience delivering babies had opened her eyes to the diversity of sex presentation, using intersex people and those with chromosomal abnormalities as an example.

“Trans people are a part of our human history,” she said.

During the board’s discussion of the policy, board member Julie Swindler, of Warren, said that she felt the policy enhanced transparency in the district and was an important guide for administrators.

“If your problem is with a law, this is not the correct venue to initiate that change,” she said.

“Let’s not complicate it,” said board member Sandra O’Farrell, of Waldoboro, who said she did not believe the policy should be deleted.

“My concern about this policy has nothing to do with being disrespectful or hateful or anything like that,” said board member Naomi Aho, of Warren. Aho said she was in favor of deleting the policy because she felt that, by creating a policy for one protected class in particular, “it, by default, becomes discriminatory.”

Joshua Blackman, of Warren, said that his concerns about the policy revolved around locker room access, bathroom access, and an “opportunity for a lack of parental involvement.”

During public comment and in the board discussion, multiple speakers made reference to God and the Scriptures. Blackman kept a large volume on the table in front of him throughout the board meeting that he confirmed in a phone call on Tuesday, May 21 was a Bible.

Blackman said that he saw many of the questions faced by the RSU 40 Board of Directors as “moral questions,” including the community discussion around the “transgender and gender expansive students” policy.

Eight board members —Aho, Blackman, Noah Botley, of Washington; Joseph Henry, of Friendship; Randy Kassa, of Warren; Nichole Taylor, of Union; Jeanette Wheeler,

of Waldoboro; and Melvin Williams, of Waldoboro — voted in favor of deleting the policy.

Jackson, O’Farrell, Swindler, Brooke Simmons, of Friendship; Matthew Speno, of Union; Julia Abernathy, of Washington; and Erik Amundsen, of Union; voted to keep the policy in place, totaling 7 votes.

Emily Trask-Eaton, of Waldoboro, was absent due to a death in her family, Jackson said. There were no abstentions.

The final count, using the district’s weighted formula, was 505-422. After the results were announced, the crowd rose to their feet, with some audience members visibly upset.

The next meeting of the RSU 40 Board of Directors will be held at 7 p.m. on Thursday, June 6, at the RSU 40 central office at 1070 Heald Highway in Union. For more information or to read the full text of policy, go to rsu40.org or call 785-2277.