Latest news with #FreedomofAccessAct
Yahoo
10-04-2025
- Politics
- Yahoo
Maine Attorney General's Office pushed back on Title IX investigations, emails show
Entrance of the Maine Attorney General's office in the Cross Office Building in Augusta. (Photo by Jim Neuger/ Maine Morning Star) Last month, after receiving notice that Maine was in violation of federal law for allowing transgender girls to play on girls' sports teams, the Maine Attorney General's Office pushed back on federal findings, questioning both the process and the conclusion of the investigation. But according to records obtained through a Freedom of Access Act request, the office also pointed federal officials to two proposed bills — LD 233 and LD 868 — that would ban trans athletes. Whether these bills will alter the course of the investigation is unknown, but one thing is clear: the federal government is now paying attention to these proposals. 'We have reviewed the proposed legislation at LD 233 and LD 868 that your team sent on Wednesday,' wrote Daniel Shieh, Associate Deputy Director of the Department of Health and Human Services' Office for Civil Rights in an email on March 17. 'We are not prepared to stay the investigation at this time, but please let us know if those bills become law in Maine.' The two bills are among several proposals introduced this session by Republican lawmakers aimed at restricting transgender students' participation in school sports. Neither has had a public hearing yet. LD 233, sponsored by Rep. Katrina Smith of Palermo, would require student-athletes to participate in sports based on their 'biological sex' and would prohibit transgender girls from joining girls' teams in public schools. LD 868, introduced by Rep. David Haggan of Hampden, is similar in scope, reinforcing gender-based athletic categories and citing competitive fairness and safety. Republican lawmakers have urged Maine to comply with federal directives and walk back support of trans students' rights to athletics, locker rooms and bathrooms. 'This is not sustainable,' said Senate Minority Leader Trey Stewart (R-Aroostook) in a press conference on April 1. 'We're a poor state. We are heavily reliant on federal money. The governor needs to move on this.' In February, after an investigation that took a handful of days and concluded without any interviews, the U.S. Department of Health and Human Services' Office for Civil Rights determined that Maine had violated Title IX, the federal law banning sex-based discrimination, and infringed upon the rights of cisgender girls by allowing trans girls to participate in girls sports. It held the Maine Department of Education for the violations, demanding the state change its policies. HHS claimed that the state department of education, by way of its relationship to the Maine Principal's Association and its receipt of federal funds, had violated Title IX. But the Attorney General's Office rejected the claim, arguing in a letter sent on March 4 that the federal government had overstepped its authority and mischaracterized the facts. In the letter, Assistant Attorney Generals Sarah Forster and Kimberly Patwardhan wrote that the February 21 notice from HHS 'did not specify how OCR planned to conduct its compliance review,' or explain what legal framework it would be based on, nor did it include attempts to discuss findings with the department or attorney general's office, or to reach a cooperative agreement 'No one from OCR contacted MDOE or the Maine OAG for further information or to discuss cooperation or compliance,' the letter stated, calling the entire process 'accelerated' and legally questionable. The letter also rejected the federal government's core argument — that the state department of education is responsible for policies governing high school athletics, which is overseen by the Maine Principal's Association. The attorneys stressed that the organization is a private, nonprofit corporation, not a state agency, and is neither created nor operated by the department. 'MDOE does not agree that it is in violation of Title IX, nor does it agree that OCR has laid out a sufficient factual or legal basis for such a determination,' Forster and Patwardhan wrote. Further undermining the federal claims, the letter pointed out factual inaccuracies in HHS's findings. One of the core justifications for the compliance review was that MDOE allegedly received more than $500,000 in federal assistance from the Administration for Community Living in 2024. However, that funding had already been transferred to the University of Maine at Augusta with approval from the federal agency in March 2024 — nearly a year before the review. 'There is a significant inaccuracy,' the attorneys wrote, attaching documentation to prove the transfer of funding. Shieh wrote back the next day with an amended compliance review notice, this time including the Principal's Association and Greely High School, where a trans athlete who competed on a girls team attends school. 'Although Maine claims 'MDOE is not responsible for interscholastic youth sports or athletic programs in Maine,' it distributes funds for staff salaries, school facilities, and transportation, which in turn support athletics and interscholastic competition,' the letter said. 'The fact that MDOE has ceded control over its activities to MPA does not limit its obligations under Title IX.' On March 12, HHS appears to have met with all three organizations based on the emails, and five days later, the agency sent the attorney general's office an amended determination, holding the department, the high school and the association in violation of Title IX, because they uphold the Maine Human Rights Act, which protects trans students by including gender identity among the list of protected classes. 'When a state law, such as Section 4601 of Maine's Human Rights Act, frustrates Congress's purpose and poses an obstacle to the accomplishment of those purposes, that state law is preempted,' the letter said. Rep. Michael Soboleski (R- Phillips) said he is introducing a bill to remove consideration of gender identity from the act, and asked Democrats and Mills to support the legislation in order to avoid the risk of losing federal funding. 'The problem is that the term gender identity and the Human Rights Act is being interpreted way too broadly by the left,' Stewart said in the press conference. 'And what it's saying is there's no boundary between men's and women's spaces.' SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
26-03-2025
- Business
- Yahoo
RSU 21 School Board weighs options for interim superintendent search
KENNEBUNK, Maine — The RSU 21 School Board is considering hiring the Maine School Management Association to guide efforts to find the district's next interim superintendent. School Board members appeared to be ready to vote to hire the association during a meeting on Monday, with a motion to that effect made and seconded. When concerns and other options surfaced during a discussion, however, the motion and its second were withdrawn and the board chose an alternate path. Following a suggestion by School Board member Mandy Cummings, the board voted to have the district's Human Resources Committee meet soon to put together a proposal for how best to search for an interim superintendent. The committee will take into consideration what the district might be able to do for itself, given its own Human Resources Department, and to what extent it might need the MSMA or perhaps another organization for additional support. The committee is expected to have that proposal ready for the School Board's next regular business meeting on April 7. More: Kennebunk boy, now a cancer survivor, becomes 'real-life superhero,' helping others Earlier this month, Superintendent Terri Cooper announced that she would be stepping down at the end of this summer after five years at the district's helm. The School Board approved a separation agreement with her following an executive session at a special meeting on March 12. The York County Coast Star has requested a copy of the agreement through the state's Freedom of Access Act. Cooper's last day will be Aug. 31. In a recent statement to the community, she said serving RSU 21 has been a 'great honor.' 'Together, we have raised academic achievement, expanded programs, and successfully navigated numerous challenges,' Cooper said. 'I am immensely proud of our collective work to provide students with an exceptional education.' Cooper expressed gratitude to the district's teachers, staff members, and administrators, as well as to School Board members, families, and community partners for their 'trust and support.' She also said that watching students thrive 'has been my greatest joy.' More: Red Barn Inn kennel expansion approval stands in Kennebunk despite noise concerns The School Board held its discussion on Monday after emerging from an executive session that had been added to the agenda by a unanimous vote. School Board member Megan Michaud, who made the motion for the executive session, said she had an agenda-related question she needed to ask that could not be done so in public. During the discussion, with a seconded motion to approve the hiring of the MSMA on the table, School Board members raised concerns about the timeline for the superintendent search, the expense of hiring external assistance, the division of responsibilities between the district and the selected firm, and whether other firms, beyond the MSMA, should also be considered. Board member Gayle Spofford said she did not have enough information about expenses, job descriptions, and assigned responsibilities for the search to vote in favor of the motion to hire the MSMA. 'We don't need to do this now,' Spofford said. 'We still have a superintendent ... I'm concerned that we're moving into this a little more quickly than we need to.' School Board Chair Matthew Stratford said he thought it was important to start the search as soon as possible to provide the time needed for an effective search. 'Hiring great people takes a long time,' he said. 'We're looking to fill this position, obviously, as close to July 1 as possible.' July 1 is the official start of the school district's new fiscal year. Spofford disagreed, stating that the district only needed a new superintendent by Sept. 1, exactly one day after Cooper officially steps down. 'I think you have adequate time to do a thorough job,' she said. Similarly to Stratford, Vice Chair Britney Gerth said she was in favor of not waiting and starting the search early. She noted that the district's legal partners put forth the MSMA as 'the best choice.' 'It can only be a bonus if there's overlap between Dr. Cooper's end date and a potential interim coming in,' Gerth said. 'I'm pessimistic that we're going to have anything final as far as a full-time replacement superintendent by the summer. I'm thinking only at this point of an interim.' Gerth praised the MSMA, saying its proposal for a search made sense to her and noting that the district has worked successfully with the association before. 'They are our gold standard in many other areas of the board, including policy,' she said. 'It seems like a natural partnership for this type of item.' School Board member Kirstan Watson emphasized the need for the district to have an interim superintendent in place during the duration of the search for Cooper's successor. 'We don't know how long it is going to take,' Watson said. 'We could need an interim superintendent for an extended period of time.' Watson did not refer to the district's previous search for a superintendent when making her point, but she could have. Phillip Potenziano served as the district's interim superintendent for pretty much the entire 2019-2020 school year while the board conducted a lengthy and complicated search that ultimately led to the hiring of Cooper. Three members of the School Board – Michaud, Abigail Spadone, and Claudia Sayre – suggested looking at other firms, in addition to the MSMA, to see what their prices for conducting a search would be. Cooper agreed. 'It's always great to look at a variety to make sure you're picking the one that's best for you,' she said. This article originally appeared on Portsmouth Herald: RSU 21 School Board weighs options for interim superintendent search
Yahoo
09-02-2025
- Politics
- Yahoo
EDITORIAL: It's a 'yes' for Sen. Bennett's light-bulb moment
Feb. 9—Let there be light! A refreshing bit of legislative work came to light last week, a state-level bill that would open private intraparty meetings of lawmakers to interested members of the public. This push for greater transparency deserves Mainers' support. The access will work in their best interest. L.D. 12, put forward by Republican Rep. Rick Bennett of Oxford, would apply to meetings of three or more lawmakers of the same party. The bill would add so-called "legislative caucuses" to the types of meetings covered by the state's Freedom of Access Act. The last time we wrote about the legislative caucus was in March of last year ("Closed-door meeting on gun policy was ill-advised"), reacting with disappointment to the news that a group of Maine Democrats conducted a private or "closed-door" meeting with a representative from the federal Bureau of Alcohol, Tobacco, Firearms and Explosives. The decision to conduct that meeting in that manner, as we wrote then, may not have broken any rules but assuredly "sent the wrong message at an already tense time." Let's remove the opportunity to make such decisions; let's break Augusta's habit of breaking into caucuses; let's throw open the doors. Editor's note: The Maine Press Association, of which the Maine Trust for Local News is a member, has submitted written testimony in support of Bennett's bill. (Is the Pope a Catholic?) Copy the Story Link
Yahoo
06-02-2025
- Politics
- Yahoo
Maine lawmaker wants to open intraparty meetings to public
Feb. 6—A bill before the Maine Legislature would make private intraparty meetings of lawmakers open to the public, which its sponsor says will increase transparency and provide more insight into how lawmakers arrive at decisions. The proposal would give the public access to gatherings of three or more lawmakers of the same party by adding legislative caucuses to the list of meetings subject to Maine's Freedom of Access Act. The act already protects public access to meetings of the full Legislature and its bipartisan committees, as well as to local school board and city council meetings. The same law also mandates that records belonging to public agencies and officials are public. "LD 12 will add a new level of transparency to the legislative process," Sen. Rick Bennett, R-Oxford, the bill's sponsor, said during a public hearing Wednesday. "It will ensure the public can see how decisions are made, who is influencing those decisions and the reasoning behind our policies or laws." It's common for lawmakers to meet in closed-door caucuses to discuss strategy or hold negotiations, but such meetings also have been criticized as a tool for subverting public access laws to conduct legislative business. In one instance last year, Democrats came under fire for a private caucus in which committee members were briefed by an official from the federal Bureau of Alcohol, Tobacco, Firearms and Explosives while considering several firearms measures. Republicans criticized the move, saying the meeting shouldn't have been held in private. The Maine Press Association submitted written testimony in support of Bennett's bill, and no one testified against it. But changing the law could be complicated, and it's unclear how much support the proposal will have among lawmakers. The bill does not list any co-sponsors. Lawmakers on the Judiciary Committee asked Bennett how the bill could affect legislative working papers that are now confidential under state law, and whether discussions around a party's political strategy would be open to the public. Bennett said his intent is not to disturb the ability of lawmakers to solicit input under the working papers exemption as they develop a bill, but he said that legislative decisions should not be made in private. "People making real decisions behind closed doors, that ought not to be done and there doesn't seem to be a means of addressing that through social or cultural change," he said. Bennett said he understands that political strategy is "not, strictly speaking, the public's business." "(But) if we're doing policy work and making decisions, sharing information like three selectmen sitting around a diner table having a conversation about a public matter, which is against the law, I'd like to see those kinds of conversations not rendered unless there is public access," he said. The Maine Press Association, which includes 44 newspapers and digital news sites across the state, said negotiations and conversations that take place behind closed doors violate the principles of transparency. "Private caucus meetings prevent freedom of access, and constituents are left out of the process," the association said in its written testimony. "That subverts the very nature of our participatory democracy." Bennett, who has served on and off in either the Senate or House of Representatives since 1990, said he sees more and more work and decision-making being done in caucuses. "I know there are reasons for that and we all can surmise what they are with growing levels of partisanship and toxicity," he said. "I believe we need an antidote to this." The committee on Wednesday also heard a proposal from Rep. Laurel Libby, R-Auburn, that would require agencies and officials to fulfill Freedom of Access Act requests for public records within 30 days. The bill, LD 152, would update current law, which requires agencies to fulfill requests "within a reasonable time." Libby has two Democratic co-sponsors on the bill, but it has also been met with opposition from numerous municipalities, schools and state agencies that say they don't have the resources to work within a 30-day time constraint when fulfilling records requests, many of which can be broad and complicated. Libby, meanwhile, said she has heard from constituents who are frustrated by the amount of time it can take to fulfill a request. In one example, the Maine Prisoner Advocacy Coalition said in written testimony that it is still waiting for data requested from the state medical examiner's office in 2023 to better understand a rise in deaths among people on probation. "This bill is essential," said Jan Collins, the coalition's assistant director. "Lifesaving public policy decisions are wholly dependent on information government offices collect. We should be able to access it in a timely manner." Copy the Story Link
