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Teachers and residents tell Winthrop School Board a proposed transgender sports policy could violate state and federal law and raise legal costs
Summary
Multiple teachers, parents and residents urged the Winthrop School Board to pause or rescind a recently advanced policy that would bar transgender females from girls sports, saying it risks violating Title IX and the Maine Human Rights Act and could generate uninsured legal costs for the district.
Elizabeth Peters, building representative for the Winthrop Education Association and an ELA teacher at Winthrop Middle School, told the Winthrop School Board that the district’s recent move to restrict participation by transgender females in girls sports was discriminatory and legally risky. "You are choosing a tiny population of people to discriminate against," Peters said during the public-comment period, and she warned the board that the policy could prompt lawsuits and drive staff away from the district.
Whitney Khan, a Winthrop resident, pressed the board for a fiscal analysis required by Policy BGR before changing Policy JB, saying town council members had expressed concern that the board’s litigation posture could affect the council’s upcoming school-appropriation vote. Khan noted the district’s legal-insurance collective cap of $250,000 and asked whether the carrier (XL Indian Harbor) had been consulted about coverage for alleged intentional-discrimination claims. "What is your estimate of the cost to defend an MHRC lawsuit and what line item in the budget currently covers it?" Khan asked.
Nicholas D. Roer read a statement on behalf of Cat Hoy urging transparency about which district policies are being created or revised, what outside consultants or firms the board has contacted, and how much the district has paid so far related to policy changes. Roer’s read also flagged contact by outside organizations offering to cover litigation costs, citing Alliance Defending Freedom as an example.
The public comments referenced federal and state authorities. Speakers cited Title IX and the Maine Human Rights Act as legal frameworks they believe the proposed policy would violate; Khan also cited a 2014 Maine Supreme Judicial Court decision involving RSU26 that resulted in a $75,000 penalty. Superintendent Dr. Foley earlier told the board that the district shares a $250,000 defense fund across districts named in Maine Human Rights Commission matters and that additional costs or penalties could fall to the district once that fund is exhausted.
Board members did not vote on policy changes during tonight’s meeting. The policy committee is scheduled to meet next Tuesday at 5:00 p.m. at the central office to continue reviewing policies related to transgender students, and several public commenters asked the board to delay policy action until after the November elections to avoid potential legal and reputational costs.
The district did not provide a districtwide fiscal estimate for litigation exposure on the record at this meeting; community speakers requested specific line-item budgeting and confirmation from the insurance carrier about coverage of intentional-discrimination claims.
