Since this statement from the Board was sent out last week regarding a Title IX investigation(s) of MSAD #51, some questions have been raised that you may also be wondering about. Hopefully my responses below will provide more information and context as to the current status of the investigation(s) and potential next steps.
1. What is happening next with the Title IX investigations launched by the federal government?
There are two simultaneous investigations being conducted by the US Department of Education (USDOE) and the US Department of Health and Human Services (USDHHS) that name the Maine Department of Education (MDOE), Maine Principals' Association (MPA), and MSAD #51 as being in violation of current federal Title IX policies. The USDHHS set a 10-day deadline for compliance with the new Title IX regulations, which does not recognize gender identity, to which no resolution was reached by the deadline. The case has now been referred to the US Attorney General's Office for review. The USDOE is continuing their own investigation and has sent MSAD #51 a list of questions requiring a response within two weeks. Additionally, USDOE announced last week that it is investigating 57 Maine school districts for policies that allegedly fail to notify parents when their children are expressing a different gender identity at school. MSAD #51 has not been named in this investigation, as district policy and administrative guidelines require notification and involvement of parents in this process.
2. Why isn't the district following federal law? Doesn't federal law supersede state law?
As stated in my message to the school community on February 21, the MDOE continues to maintain that the Maine Human Rights Act must be followed by all Maine school districts, and the MPA has likewise continued applying this law to student athletics. Our district's legal counsel agrees with this conclusion, citing a lack of clarity around whether "gender identity" is included in the definition of "sex" as a protection at the federal level, despite the Trump Administration's executive order stating otherwise. The US Supreme Court in Bostock v. Clayton County (2020) recognized gender identity as a protected right, further complicating the legal argument that is in play between the state and federal governments. As I wrote previously, this is well outside of the district's sphere of control and will need to be resolved by the courts. Our obligation is to follow Maine law at this time.
3. How much money does MSAD 51 receive in federal funds and what would happen if we lost these funds?
MSAD #51 currently receives just over $900,000 annually in federal assistance for Title IA (reading/math), Local Entitlement (special education), and food subsidy for student meals. The impact of all this is unknown and is dependent upon the outcome of the legal process. It is likely that if federal funding was eliminated, it would occur for all school districts in Maine, not just ours. The federal government is more interested in Maine as a whole than they are with our district alone, given that we have been instructed to follow Maine law like all other districts. If federal funds were withheld down the road, the Board would have to decide whether to use emergency funds, eliminate some or all staff positions, or a combination of these options.