JAY — Regional School Unit 73 directors voted 8-5 on May 22 to obtain a second legal opinion regarding the district’s Title IX policies.

Title IX of the U.S. Department of Education’s Office for Civil Rights protects people from discrimination based on sex in education programs or activities that receive federal financial assistance.

Directors in support were Tanya DeMillo, Chairwoman Shari Ouellette and Dawn Strout, all of Jay; Don Emery, Ava Moffett, Michelle Moffett and Roger Moulton, all of Livermore Falls; and Holly Morris of Livermore. Directors opposed were Elaine Fitzgerald, Bryan Riley and Tina Riley, all of Jay; and Sarah Jamison and Andrew Sylvester, both of Livermore.

“I would like the board’s permission to get a second opinion regarding our Title IX policies,” Ouellette said. “Right now we have (Drummond Woodsum in Portland) and as with any good policies, I think a second opinion is important by a different law firm.”

Moulton said he was not impressed with the district’s attorney’s recommendation and doesn’t have a lot of confidence in it.

“We went through this a lot and I thought we had some really robust discussions about it, and it’s pretty clear to me that the legal advice that we got tracks perfectly well with everything else that I have dug up about the current situation with the Maine Human Rights Act and the federal Title IX law,” Tina Riley, Policy Committee chairman, said. It’s clear the Supreme Court ruled the 2023-2024 interpretation of Title IX wouldn’t stand, she said. Policies were rolled back to what they had been in 2020, but references to gender identity and sexual orientation were not removed because doing so would place the district in violation of the Maine Human Rights Act, she said.

Making decisions before that ruling will spend taxpayers’ money and open them up to greater liability, Tina Riley said. “If we are sued because we have put a policy in place that violates the Maine Human Rights Act then our insurance probably won’t cover it,” she said. “If there is a lawsuit it will come out of taxpayers’ pockets.”

Tina Riley suggested concentrating instead on other issues being put forth by teachers, administrators and community members and “not digging into a mess that we don’t need to involve ourselves in.” Once the courts have ruled, the district at that time can change policies to whatever they need to be to stay in line with the law, she said.

Sylvester asked if there was an estimate on how much the second opinion would cost.

Ouellette said she had spoken with Steve Smith Trial Lawyers of Augusta and was told it would cost $300 for an initial hourlong consultation.  She said she has only spoken with a paralegal and wasn’t sure how much time would be needed. “I just want a ruling on how they think Title IX would fall if we leave our policies the way they are,” she added.

“I am 100% OK with bucking the Maine Human Rights Act,” Moulton said. “I am rooted in facts and reality.”

He said he did not want to be behind the eight-ball when an answer does come from the Supreme Court.

“We have already hashed through this,” Fitzgerald said. “This whole board passed the current policy that goes back to 2020 … with the idea that when Maine state law and/or Supreme Court changes, we will change and that won’t happen overnight.” There will be time given to change to new wording, she said. She did not know the background of Steve Smith Trial Lawyers in educational law, and said Drummond Woodsum is the most rooted in educational law in the state.

Ouellette expressed concern that a girl “not protected” (by allowing transgender students to compete on girls’ sports teams) could decide to sue the district.

Emery asked if Drummond Woodsum would represent the district if it decided to “buck the state of Maine.”

“They would represent us no matter what we decided,” Superintendent Scott Albert replied. “They’d rather have it be easier for us to win a lawsuit than for us to get caught up in something that is not necessarily a good thing.”

Strout wanted an opinion on whether federal law took precedence over state law. “If it does, then we are going against federal law by following state law,” she noted.

In March, directors voted 7-5 to revert to policies as written in 2020. Drummond Woodsum at that time advised adhering to the Maine Human Rights Act, which is in opposition of President Donald Trump’s executive order to defend women’s sports.

In February, some directors wanted the Policy Committee to meet earlier than planned to review the implications of the executive order. No action was taken after an amendment did not obtain the required two-thirds majority necessary for an item not on the agenda.