Winthrop school officials say they made a mistake in voting to direct the superintendent to rewrite the schools’ policy on transgender students by not providing advance notice to residents, other board members or the superintendent that the controversial topic would be voted on.
And they said the issue may be placed on a future board agenda for reconsideration with proper advance public notice.
School Board Chairperson Alicia Lawson said she made a last-minute decision at the March 4 meeting to allow the proposal to be added to that night’s meeting agenda without prior public notice. The motion directed the superintendent to revise the schools’ policy to prohibit transgender students from playing sports and using facilities that align with their gender identity.
The motion was unanimously adopted by school board members that night.
Lawson now acknowledges she should not have done so and instead should have placed that item on a future agenda, so everyone would know the issue would be discussed and could be voted on.
“I feel I fell short of the standard I set for myself in keeping this board fully informed, and for that I take full responsibility,” Lawson said Wednesday when the school board met. “I recognize my delay in sharing information created an unnecessary hurdle for the group. I’ve already adjusted my process to ensure that moving forward updates are shared immediately and transparently. I value the work we do together and hope this one lapse in communication does not slow down our progress.”
Superintendent Becky Foley said she and Lawson had a productive two-hour conversation after the vote about the need to adhere to what she calls the “no surprises” rule, by not surprising the board, school administrators, or the community by taking up items with no advance notice. She said that rule is essential to maintaining transparency, especially in the wake of prior issues between the former superintendent and board.
“Over the last year and a half we’ve really worked diligently, the board and I, to collaborate, remain transparent, and strengthen trust that I believe maybe had eroded previously between the board, superintendent and community,” Foley said. “At last meeting a mistake was made and as a team we take responsibility for that to the community. We are, though, all human. And it’s important to me we extend grace to one another and move forward.”
School board member Libby Wright said she wanted, before any action is taken on the motion to rewrite the transgender policy, the board to revisit that decision at a future meeting and seek input from school administrators and take into account the comments of many members of the community urging the board to reconsider.
Lawson said she and Foley would discuss adding further discussion of the transgender policy and likely draft an agenda item for that to be considered.
Several parents and residents asked Wednesday that the board reconsider the vote, which some said contradicts the schools’ obligation to not discriminate against students.
Especially now, they said, because a citizen initiative to ban transgender students in Maine schools from sports teams, bathrooms and locker rooms that align with their gender identity is expected to go to a statewide referendum vote in November.
They also said Winthrop could be sued by the Maine Human Rights Commission, as several other Maine school districts have been already, if it revises its transgender students policy so that it conflicts with state anti-discrimination rules.
Resident Kat Hoy said the schools’ current policy complies with the Maine Human Rights Act. Rewriting the policy so it does not would be irresponsible. She said school administrators have reported no issues regarding bathroom or changing room policies in the town’s schools.
Resident and parent Julie McFarland said letting the citizen’s initiative play out at the state level is in everyone’s best interest; the district would not spend money and potentially get sued by changing the local policy now.
Timothy Wess, the school board member who made the motion to revise the transgender student policy, said previously that allowing biological boys in a biological girl’s class bathroom or locker rooms was unsafe and allowing them to compete in sports that don’t align with their sex was unfair.
Wess said Wednesday that instead of bringing the transgender policy up for action March 4, he should have made a motion for it to be on the next school board agenda.
Wess also noted two Maine school districts are under investigation by the federal government for not complying with President Donald Trump’s interpretation of the federal anti-discrimination law known as Title IX. Trump issued an executive order last year and argued that allowing transgender students to compete in girls sports contradicts Title IX because it deprives girls of fair athletic opportunities.
Town Council Vice Chair Aaron White expressed concern over the board’s handling of the matter in a social media post following the board’s vote.
“The manner in which this motion was introduced — without prior notice on the agenda, without preparation from the superintendent, and contrary to legal advice — undermines public trust and bypasses the transparent processes designed to guide district policy development,” White said in his post. “It also potentially jeopardizes state funding and exposes the district to unnecessary litigation risk.”
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