JAY — Public comment dominated the Regional School Unit 73 board of directors meeting Thursday as residents spoke out about the district’s recent resolution effectively banning transgender student participation in sports.

“We are all here because we care about our kids, their education, their safety, and the American values of equality, freedom and fairness,” Linda Dean of Livermore said, urging the board to rescind the resolution.

The board on June 26 directed the superintendent to revise district policies to recognize only two sexes — male and female — under Title IX, making the Spruce Mountain district just the second in Maine to take such a step.

At Thursday’s meeting, the board held a first reading of the proposed policy to recognize only two sexes and coordination of federal and state law under Title IX.

According to Superintendent Scott Albert and the district’s attorneys at Drummond Woodsum, adoption of the policy would put the district at odds with the Maine Human Rights Act and also raises the possibility of lawsuits from students or families affected.

Dean argued that concerns about fairness in girls athletics were misplaced, citing statistics showing only two transgender girls among nearly 45,000 high school athletes in Maine last year.

“Our daughters are far more likely to face a tall or strong biological girl than a transgender girl, and coaches already manage those differences to keep players safe,” Dean said. She added that the resolution “has divided our community, caused anxiety for students and teachers, violated state law and opened the district to lawsuits.”

Another speaker told the board, “It’s not too late. You can wait and see, be cautious, and consider the implications of your decision to end recognition of transgender youth in school policy.”

Others warned that moving forward would invite lawsuits under Maine’s human rights law and accused the board of “manufacturing a crisis where none exists.”

One Jay resident said, “There are values we can all agree on. We want students to be safe and participate fully in the life of school.”

Board members also heard from residents supporting the resolution.

“I think it’s a step in the right direction,” said Peter Labbe of Jay. “These statistics saying 30% don’t know their gender, that wasn’t a thing in 1985. But it’s a thing today, and I don’t understand it.”

Albert reported he met with the Maine Education Association to consult on the policy, as required. He said the MEA expressed concerns that the measure could extend beyond athletics and private spaces and leave staff vulnerable to disciplinary action when teaching coursework involving sex and gender. The association also raised concerns about taxpayer costs if litigation arises and about the continued use of gender-neutral bathrooms in district schools.

It was also noted that while the Maine Human Rights Commission does not initiate complaints, it does respond to those filed by individuals, which could leave the district exposed to legal challenges.

Albert said following the board’s June 26 vote, he forwarded the issue to the attorneys at Drummond Woodsum, who drafted the policy language. At the first reading, one board member asked that the draft be sent back to committee with proposed changes for further review.

The policy will require three readings before a vote to adopt or reject it.

Among the instructions given to the superintendent for drafting the policy:

• Amend all district policies to align with Title IX as reinforced by Executive Order 14201, recognizing only two sexes.

• Ensure that all private spaces — such as bathrooms, locker rooms and field trip accommodations — are designated by sex.

• Require all applicable extracurricular activities and athletic teams to be separated by sex.

• Provide written notice to the public to ensure transparency and compliance.

• Review and revise all gender-applicable policies through the policy committee for board review.

At the June 26 meeting, people spoke for and against the proposed changes.

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,” Gettle 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.

Madeline Labonte of Livermore warned 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,” Labonte 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.”

The LGBTQ+ community in Farmington spoke out last month after the board of directors passed the resolution.

Franklin County Pride ME members also raised legal concerns about the proposed policy change, citing the Maine Human Rights Act and the 2013 Maine Supreme Judicial Court case Doe v. Regional School Unit 26, which affirmed the right of transgender students to use bathrooms that match their gender identity.

“This is a clear disregard for precedent,” Bea Haines said. “This board is toying with the future of all their students, not only the ones they despise.”