RSU 73 board approves first reading of ACDC policy amid debate over sex-designation language and legal risk

The RSU 73 school board approved the first reading of policy ACDC, titled “Coordination of federal and state law,” after public comment and an extended discussion about the proposal’s language on sex designation, bathroom access and athletics.

Why it matters: The proposed policy instructs the district to follow federal executive guidance and interprets Title IX as requiring schools to "recognize only 2 sexes, biological male and biological female," language critics say could constrain classroom instruction, single-occupancy restroom practices and how teams compete against other schools.

Public comment and concerns Michelle Brann, identifying herself as “president of the association,” told the board she and association members had concerns about the policy’s wording. She urged trustees to focus on exact language, saying the clause recognizing “only 2 sexes, biological male and biological female” could create conflicts for teachers in life-sciences, health and AP U.S. history courses and might put staff at risk of discipline for teaching standard curricular material. “If we’re just talking about the language itself ... it places them in a difficult situation,” Brann said.

Resident Ellen Gruenblatt said rigid policy language can amplify shame and isolation among teens, and urged the board to prioritize inclusive supports rather than what she called “culture war” measures. Linda Dean, another public commenter, alleged a prior June board vote was orchestrated by outside lobbyists and said the record showed noncompliance with Maine law and district policy; she asked the board to rescind that earlier action.

Board debate Board members split on legal exposure and the policy’s purpose. A board member opposing the change argued the measure "violates the Maine Human Rights Act" and warned the district could face costly litigation and penalties if the policy were enforced, citing recent out-of-state fines in similar disputes. The member said courts, not executive orders, determine the meaning of federal law and urged patience and broader stakeholder engagement, including outreach to transgender students who would be affected.

Proponents said the language was drafted with legal input and intended to protect female athletes and private spaces. One trustee said outside counsel had prepared the wording and expressed confidence in its legal footing; another noted the Maine Principals Association (MPA) currently follows state human-rights guidance but that forfeits could be required if teams decline to play opponents with transgender athletes.

Exchange on practical implementation focused on how athletic directors or coaches would ascertain whether an opposing team includes a transgender athlete and whether forfeits could affect students’ competitive eligibility. A trustee who spoke with the MPA said the association was following Maine law at the moment and would not be pursuing local teams for choices those teams make, but acknowledged a forfeit would stand if the district refused to play.

Vote and next steps The board put the item to a roll-call vote on the motion to approve the first reading of policy ACDC. The roll call recorded the following votes (by name as read during roll call): Tanya — yes; John — yes; Elaine — no; Sarah — no; Ava — yes; Michelle — yes; Holly — yes; Sherry — yes; Tina — no; Andrew — yes. The chair declared the motion carried.

This action approved the policy’s first reading; the measure will return to the board for subsequent procedural steps before any final adoption.

What was not decided or clarified The board approved only a first reading; the transcript records no final adoption or ordinance-style effective date. Several members asked whether transgender students had been consulted; the record shows proponents said they had offered opportunities to speak but that those offers were declined. The board did not adopt a finalized enforcement protocol for athletics or restroom assignment in the meeting’s discussion.

Context and related matters Speakers also raised budget and operational items during the meeting: the superintendent reported on Foster Tech participation and upcoming contracts; food-service staff discussed nutrition-standard adjustments and a hydroponics program; special-education staff reported counts for 504 plans and IEP activity.

Ending The meeting included personnel announcements and concluded with the chair scheduling the next board meeting and adjourning. The ACDC policy will return to the board for further consideration under the district’s policy-adoption process.