TURNER — The Maine School Administrative District 52 board of directors voted last week to ask its attorney about the legal implications of recognizing only the gender a student is assigned at birth.

The board is seeking clarity on how changing the district’s policy to only recognize categories of “biological male” and “biological female,” instead of acknowledging a student’s perceived gender, might impact the district.

Moving forward with the policy could change which students are allowed to use certain bathrooms and locker rooms, and which sports teams students can join based on gender.

Directors voted May 29 to ask its attorney for a legal opinion. The district will also get a second opinion on the question from Brann & Isaacson, another law firm commonly contracted with school districts.

The issue was brought forward by Director Ashley Michaud of Turner. The motion passed 5-3.

Voting in favor were Vice Chairman Peter Ricker, Ashley Michaud and Alex Cutter of Turner, and Anthony Shostak and Kyle Purington of Greene.

Opposed were Crystal Barus of Leeds, Breanna Allard of Greene and Jenny Maheu of Turner.

Board Chairman Joseph McLean of Leeds was absent.

The question is as follows: “What are the legal implications of changing the MSAD 52 School Board policies to recognize only biological male or biological female students? Included in this is what the legal implications are for designated private spaces in schools and athletic teams as only for biological male or biological female students.”

Directors also want to know if the Maine Human Rights Act, which protects people from discrimination on the basis of gender identity, including transgender status, and the recently changed federal Title IX policy, which the Trump administration says enforces protection “on the basis of biological sex,” can be implemented together to not violate each other.

The board’s questions are only exploratory at this point, Michaud said. Residents in the district have been bringing up the questions themselves after a school district in Aroostook County adopted such language, she said, adding that she does not see the harm in simply posing the questions.

“I don’t think this was ever a conversation that was going to escape us or not come forward,” she said. “It’s being questioned by several school districts in the past, it’s continuing now and I know that a couple others are looking to bring it forward as well.”

Board member Shostak said many people at the school budget referendum the week before mentioned this issue to him and they are looking for the board to do something. “I think asking questions is a really good thing to do,” he said.

Vice Chairman Ricker said he was concerned about all students but specifically fairness in women’s sports. If the policy is changed, he said, he does not know where the district would stand with the Maine Principals’ Association, which regulates high school sports in Maine and allows students to play on sports teams that align with their perceived gender.

Barus, who is opposed to changing the policy, said she thinks it would violate state civil rights laws. She also is concerned about possible litigation in response to such a change.

“I don’t agree with this,” she said. “I think that we, as a board, should be following the state of Maine law and our human rights act and more importantly supporting our students and making sure that we are not making them feel less, inferior.”

Allard said the way the question was presented was too broad. She asked what “biological male” or “biological female” means in regard to education for all students. She asked, does it mean that transgender students cannot enter school buildings?

“It is literally shutting the door on free, public education to students, stops right there, because once they’re in the building, if you want to have other conversations about where they piss, I don’t care, but you need to let them in the building to begin with and that first question shuts the door,” she said.

During public comment, eight people, including several current and former Leavitt Area High School students, spoke against posing the question to the town attorney, two spoke in favor of it.