Over the last few weeks, I have been asked a few times about the potential impact of federal executive orders on schools. We keep in touch with our district's law firm, along with receiving regular updates from the Maine Department of Education, Maine School Management Association, and Maine Superintendents' Association, among others. Though there are ongoing legal questions about how federal activity intersects with state and local laws, policies, procedures, or practices, there has been (some) clarity on a few topics so far, as noted below. Please note that this update is intended for informational purposes only.
- ICE Visits to Schools: Board Policy KLG-AR Relations with Law Enforcement Authorities – Administrative Procedure is what we follow when law enforcement agencies arrive at the schools. Though it is unlikely that ICE would visit MSAD #51 schools, I have provided guidance to administrators about how to handle such situations, including which documents we have been advised to accept. Additionally, I have requested support from the Cumberland Police to help with inter-agency communication in these situations, as needed.
- Title IX: On January 31, the US Dept. of Education issued a compliance letter to all school districts in the country stating that “effective immediately, the US Department of Education will enforce Title IX under the provisions of the 2020 Title IX Rule." The 2020 Title IX Rules were issued during the first Trump administration and then revised in 2024 under the Biden administration. The Biden rules went into effect this past August, and contained a provision that added gender identity and sexual orientation in the definition of “sex” under Title IX. Legal questions prompted lawsuits nationally as to whether the Department of Education had the authority to expand the definition of sex. After a federal court vacated the 2024 rules last month, the new federal guidance reinforces compliance with the 2020 rules, which we are re-adopting.
- Transgender Policies: The Maine Dept. of Education sent out a memo to districts stating, "The Executive Order Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government applies to the federal government/federal government agencies only and does not inhibit the force of Maine law or locally-adopted school board policies. Maine schools are expected to abide by the Maine Human Rights Act (MHRA)." At this time, we are following state law as directed by the MDOE. In the case of athletics, the Maine Principals' Association (which oversees high school athletic rules statewide) has adopted the Department of Education's position in following state law. There are continued legalities around how this executive order could affect federal funding to school districts, but this issue rests with the state and not local districts.
A final note that this is a fluid landscape right now. There may continue to be changes as time goes on, both in the areas referenced above and in other policies, procedures, and practices. We will continue to monitor changes as they develop and keep you informed as much as possible.