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RSU 40 board votes to rescind deletion of transgender policy after heated public comment

RSU 40 School Board · August 1, 2024
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Summary

After extended public testimony and internal debate over procedure and legal risk, the RSU 40 School Board voted in a roll-call to rescind its June 6 deletion of policy ACAAA (transgender and gender-expansive students), restoring the district’s prior guidance while leaving language edits for the policy committee.

The RSU 40 School Board voted to rescind its June 6 action that deleted policy ACAAA, the district’s guidance on transgender and gender-expansive students, after more than an hour of public comment and board debate.

Supporters of reinstatement—including students, parents, clergy and district staff—told the board that returning the policy before the school year would restore protections for transgender and nonbinary students. "If hugs know how we express love interpersonally, policy is how we express love publicly," one public commenter said in testimony urging immediate reinstatement. Another speaker, Allison Brzezinski, identified themself as nonbinary and told the board, "Reinstating this policy allows [students] to make that choice and share that identity in the way and at the time they want to." These comments were echoed by multiple parents who said removing the policy had left students and administrators without clear guidance.

Opponents and some board members urged procedural caution. Several speakers cited Robert’s Rules of Order (twelfth edition, sections 35.2 and 35.6) and the board’s own policy language to argue that the policy committee should review any revision before a full-board action. One caller warned that the board was not following the code of ethics by bringing the item back so soon after the June vote.

The debate turned on two questions: whether the board could legally rescind a previous board action and whether doing so tonight would short‑circuit the policy committee process. The chair ruled that rescinding a prior action was in order under Robert’s Rules and allowed discussion. Board members referenced consultations with legal counsel during the agenda-review process.

The board conducted a roll-call vote on the motion to rescind the deletion of ACAAA. Recorded votes in the transcript were: Naomi — No; Derek — Yes; Joshua — No; Noah — No; Julius — Yes; Randy — No; Leah — Yes; Brooke — Yes; Ben — Yes; Julie — Yes; Nicole — No; Emily — Yes; Rachel — Yes; Melvin — No. The chair declared the motion passed and asked that the policy committee be convened to review language and any necessary edits going forward.

The decision restores the district’s prior guidance in effect before June 6, and board members said they expect the policy committee to meet promptly to propose refinements. The chair additionally noted the next regular board meeting is scheduled for August 15 at 7 p.m. at the Central Office.