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Winthrop School Board delays formal vote on proposed AC/DC policy after weeks of public opposition
Summary
Community members urged the board to delay action on a draft policy labeled AC/DC—designed to govern access to bathrooms, athletics, and other sex-separated spaces—warning it is discriminatory and could prompt litigation; the policy committee recommended waiting for legal rulings or a local need before a first reading.
The Winthrop School Board on Tuesday declined to hold a first reading or vote on a contentious draft policy known as AC/DC after hours of public comment in which residents said the item had been added to the agenda on short notice and could subject the district to lawsuits.
The discussion followed repeated public appeals to postpone substantive action so community members could have adequate notice. “I am asking this board to not engage in discussion on policy AC/DC beyond an update from the policy committee and ... to table any action on policy AC/DC tonight,” said Whitney Khan, a Winthrop parent, urging the board to place the item on a future agenda with proper public notice.
Why it matters: The draft policy would formalize rules about access to sex-separated facilities and participation on athletic teams; opponents told the board it would discriminate against transgender students and expose the district to legal risk under state and federal law. Several speakers told the board they believed the district should wait for court and regulatory guidance before moving forward.
Administrators and the policy committee described a different approach. Policy committee members reported they have prepared a draft but recommended waiting until either a local need arises in Winthrop or higher-level rulings (pending litigation and federal guidance) provide direction. “The committee’s recommendation is to wait until there is a need to enact this policy—either because a problem exists in Winthrop or because litigation gives us direction,” a policy committee representative said.
Superintendent Dr. Foley told the board the late agenda posting was an administrative oversight and emphasized there was no intention to hold a binding vote at the meeting. “As soon as I realized my mistake ... we have no intention of doing a vote tonight. It will just be a further discussion as we’ve been doing at previous board meetings around this topic,” Dr. Foley said, adding that the administration and policy committee have been working on draft language since March.
Public commenters pressed for additional information the board has not published, including a fiscal impact analysis and a written legal recommendation. Dr. Foley said no fiscal impact study is planned and that board members received legal counsel input during executive session; he added that the district has had verbal communications with the Maine Principals Association (MPA) indicating Winthrop students would continue to be permitted to compete while litigation continues.
Board dynamics: Board members were split on next steps. Some urged following the procedural path already set—first read, second read, vote—arguing the board previously directed policy work and should continue. Others favored waiting for court rulings or for a clear local need before proceeding. One board member described the item as one of the most controversial topics the board has faced in recent memory.
What’s next: The policy committee recommended the board postpone a first reading and monitor ongoing litigation and any state or federal rulings expected this summer; the board did not enact AC/DC at the meeting. The committee plans to reconvene and bring recommendations back to the full board at a future meeting with sufficient public notice so the community can participate.
