JAY  — After weeks of public buildup and emotional testimony, the Regional School Unit 73 board Thursday directed the superintendent to revise district policies to recognize only two sexes — male and female — under Title IX.

The decision, which passed with three dissenting votes, followed a closed-door legal session and drew both loud applause and pointed criticism from attendees at Spruce Mountain High School.

The board entered executive session early in the meeting to receive legal advice from Drummond Woodsum attorneys regarding Title IX. By the time they returned, the room was full. Members of the public from both sides of the issue had signed up to speak during a three-minute public comment period.

Superintendent Scott Albert urged caution.

“My position is that the school board should not be voting on this at this time,” he said. “We need to have patience and let it play out in the courts. That is what Drummond Woodsum shared with us.” His remarks were met with applause.

However, Director Tanya DeMillo introduced a motion instructing the superintendent to:
1. Amend all district policies to align with Title IX as reinforced by Executive Order 14201, recognizing only two sexes;
2. Ensure that all private spaces — such as bathrooms, locker rooms and field trip accommodations — are designated by sex;
3. Require all applicable extracurricular activities and athletic teams to be separated by sex;
4. Provide written notice to the public to ensure transparency and compliance;
5. Review and revise all gender-applicable policies through the policy committee for board review.

After a second was offered, a brief discussion followed. Director Don Emery asked for clarification about whether the vote would implement the changes immediately or refer them to the policy committee.

“We are passing the motion that (DeMillo) said, which says there are only two genders,” Chair Shari Ouellette said. “Then it will go to the policy committee to weed out all those policies that apply to that. And those will come back for first and second reading, as per board policy.”

Emery said this has been an emotionally charged issue and they need to make sure to do everything correctly.

When asked about the timeline, Ouellette said the process might begin at a July meeting or be delayed until August. She confirmed that all policy revisions would be reviewed by Drummond Woodsum before coming back to the board.

A DIVIDED PUBLIC

Public comment reflected sharp divisions within the community.

Adam Gettle, a Jay resident, Spruce Mountain graduate, and former boys’ soccer coach, shared his concerns about the district’s current policy. “I rebuilt the team on integrity and commitment,” he said. “In 2021, we had the best record in school history.” However, he said his own daughters won’t participate in RSU 73 athletics if the policy isn’t changed.

Others offered a more moderate tone. “You face tough decisions,” said Sheila Lyman of Jay. “Based on the testimony tonight, there are limited voices here … I honor and respect your work.”

Linda Dean of Livermore took a strong stance against the proposed change.

“I want to begin by saying what many have been thinking, that students no longer feel supported by this board,” she said. Dean cited student concerns over recent meetings that have “become filled with arguments, violations of code of conduct and discussions that do nothing to support education.”

“I learned that this board will vote to reject state Title IX protections and instead align with a version that directly contradicts Maine state law,” Dean continued. “School boards swear an oath to uphold state law, and in Maine that includes clear protections for LGBTQ+ students.” Her remarks concluded with a call for the board to lead “with integrity, compassion, and courage,” which was met with applause.

Madeline Labonte of Livermore warned that the board’s action could have legal consequences.

“I want to talk about how the board is putting the students and the district as a whole in a dangerous position,” she said. “Title IX protects students’ rights against discrimination, and it is very important to recognize that by rolling this back, you are committing a civil rights violation.”

Labonte noted that Maine law permits transgender students to use bathrooms aligned with their gender identity. “For the time being, Maine schools are obligated to follow Maine state law,” she said. “Can the school afford a potential lawsuit?”

Letters submitted ahead of the meeting showed continued tension around the issue. Livermore resident Josiah Knights wrote, “I am urging you to mandate all policies to align with Title IX, ensuring all competitive sports and private spaces are separated by sex given and assigned at birth. I am a dad of four and have two girls — it is my job to protect them. … Please protect our girls in our schools.” He cited Genesis 1:27: “So God created man in His own image … male and female He created them.”

Dr. Alan C. Bean, a physician with 38 years of experience, framed the issue in scientific terms.

“This is strictly an issue to be determined by accepted science and should never be a partisan issue,” he wrote. “By the time males are born, they already have an irreversible athletic strength advantage over females.” He cited National Institutes of Health studies showing women have 40-50% less leg strength and 55-70% less arm strength than men of similar build and training.

Not all board members supported the vote. Director Elaine Fitzgerald said, “My personal opinion doesn’t matter. I stand with Maine law … for the policy to sit in the place where it is now. I stand firmly on that and stand with (Albert).”

The vote passed with three members in opposition: Fitzgerald, Andrew Sylvester and Sara Jamison. As the result was announced, someone in the audience shouted, “Shame on you,” while loud applause erupted from supporters.

OTHER BUSINESS

The meeting began with a moment of silence for Pam Harnden, a longtime reporter for the Livermore Falls Advertiser and the Franklin Journal, who passed away earlier this month.

“Pam was an amazing woman,” Director Roger Moulton said. “She was wonderful and did so much for our communities.”

“Pam made me a better board member,” Sylvester said. “She always made sure things were reported accurately. She spent countless hours attending civic meetings just like this one, and she always used good judgment. I will certainly miss her.”