"Next Monday, the Maine Human Rights Commission may advise schools to allow transgender students to dress, play sports and choose bathrooms based on the gender with which they identify, rather than their birth gender.

The commission said the proposed guidance is its interpretation of the Maine Human Rights Act and reflects several rulings it has made in discrimination cases since 2005. It said the advice does not have the force of law and schools cannot be sued for not following it.

But some schools, the Maine School Management Association and the Maine Principals' Association say they take the commission's guidance seriously and worry about lawsuits if they don't follow it. They're also concerned about maintaining student safety in schools and fairness in sports if they follow it.

"We think these are problems just waiting to happen," said Richard Durost, executive director of the Maine Principals' Association. "I think it's setting everybody up to go to court."

The proposal defines transgender students as those who identify with a gender other than the one with which they were born, even if they have not had a medical diagnosis, surgery or hormone replacement therapy.

It says schools can ask for information showing a student is sincere in identifying as a particular gender if that student has requested accommodations and the school has reason to believe the student's gender identity isn't genuine. It says schools should not otherwise ask about a student's gender identity or sexual orientation.

It also says students should be allowed to choose bathrooms based on their gender identity or use an existing single-stall bathroom if they prefer."


..... "Lewiston Superintendent Leon Levesque said he's always worked to accommodate students' needs. He feels the commission's guidance goes too far and could force him to make a decision that's not in the best interest of either transgender students or the students around them.

"I guess I'm caught by surprise because I think most schools have always accommodated the specific needs of an individual," Levesque said. "But now there may be a lot of young ladies who are offended by this, who don't feel comfortable using a bathroom (with a biological boy). So what do we do with them now? What about accommodating their needs now? Or they don't matter?"

Although some school leaders believe the proposed guidance goes too far, they feel they may have no choice but to make it policy. Otherwise, they fear, they could be vulnerable to lawsuits."