School Superintendent Briefs AOS 91 Board on Immigration Enforcement, Executive Order Impacts
Draft School Calendar Approved
BAR HARBOR—Presidential orders and their potential impact on the schools on Mount Desert Island were a focus of public comment at the AOS 91 School Board meeting, Monday, February 3.
“It’s full of nonsense, particularly as it pertains to how you run our schools here and we have always run the schools here. And I want to say that as the school board it will be your responsibility to communicate with the community about what’s being demanded and what your response is to that. It’s your responsibility to run these schools, not somebody in Washington,” said Gail Marshall while addressing the AOS 91 School Board.
As the first public commenter at the school board meeting on Monday, Marshall, who lives in Mount Desert, explained that she wrote a letter to the AOS 91 School Board and also submitted it to the Mount Desert Islander and wanted to amplify some of the things she wrote about in the letter in person. The letter pertains to the executive order regarding K-12 education, “Ending Radical Indoctrination in K-12 Schooling.”
“You get to decide what the policies are rather than these articles we are seeing in the paper about schools wondering if they are going to have to trash all sorts of policies that they have as a result of this. No, you don’t!” Marshall continued.
Marshall then spoke about the example of the local school system running the area schools the way it wants to when it defied then Maine Governor John Baldacci’s (D) desire that all of the schools in Hancock County be run under one district. For two years, the MDI school system fought Baldacci in the legislature, according to Marshall, and they prevailed.
“You can defend these schools, and I would urge you, and that is part of your responsibility. I would urge you to do that,” Marshall said in closing.
Speaking after public comments were given, Superintendent Mike Zboray spoke about concerns expressed by community members and school staff regarding the executive order, “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” Some parts of this order, including definitions, are used in “Ending Radical Indoctrination in K-12 Schooling.”
“Please know that MDIRSS schools will continue to abide by the protections provided by our school policy, Maine law, and the Maine Human Rights Act,” Zboray said, “The Maine Human Rights Act prohibits discrimination in employment, housing, places of public accommodation, education, and the extension of credit. The Maine Human Rights Act prohibits retaliation for asserting these rights.”
Zboray addressed the executive order, “Ending Radical Indoctrination in K-12 Schooling” by saying, “The ‘Ending Radical Indoctrination (in K-12 Schooling),’ this is the one that speaks to curriculum, this came out on Friday. This recent executive order does not alter our obligation under state law and the Maine learning results, which includes pieces of the Maine Human Rights Act, and requires no change locally to our adopted policies.”
IMMIGRATION ENFORCEMENT
Lyn Gatz and Renee Laber (both Spanish teachers at the high school) gave a joint public comment, which Gatz started by acknowledging the work that the AOS board members put in and how much the board supports staff, families, and communities while prioritizing students.
“We come this evening with a couple of requests and in light of the dynamic changes that are happening in D.C. and the United States Department of Education, we ask that the AOS 91 Board of Mount Desert Island Regional School System issues a public statement that reiterates that our schools are safe, supportive, and welcoming places of learning for all of our students,” said Gatz.
Laber then took over the reading of the statement as follows.
“That MDIRSS AOS 91 reaffirms its commitment to diversity, equity, and inclusion.
“That MDIRSS AOS 91 continues to advocate for antiracism initiatives and task forces in our schools.
“That MDIRSS AOS 91 stands firm in its commitment to our LGBTQIA+ students that they feel safe and valued in our schools.
“That MDIRSS AOS 91 will uphold its policy for transgender and gender expansive students.
“That MDIRSS AOS 91 will protect immigrant students to the fullest extent permitted by law.”
Gatz then said that the public statement makes up one request and the second would be more about policy. Gatz said that she was unable to find any policy concerning immigration. Gatz also stated that she felt that the transgender and gender-expansive policy was so well written that they were asking that the school board create “policies to ensure that our schools safeguard our students in regard to immigrant enforcement and we ask that the board outlines policies for school personnel in regard to requests from immigration, customs, and enforcement ICE agents. That personnel will not disclose student information to ICE nor permit them on campus without any required paperwork nor prior notice to the superintendent.”
During the meeting, Zboray spoke about what he has done since potential immigration enforcement became a concern recently. “What I did was I met with the administrative team, spoke to our lawyers and the guidance that Drummond Woodsum sent out to all schools to sort of help define what are some of the guardrails that schools have. For school staff, there is also a section on procedures that the office staff will have because they are the ones who are going to be the first person to see anyone who comes. It’s the same like if a DHHS person comes to school there are procedures that we follow. Administrators have worked with their office staff and they have the procedures so that they know what they need to do.”
The Supreme Court has stated that students have the right to education regardless of immigration status in Plyler v. Doe, and it is protected right said Zboray.
Zboray said that another issue that has been brought up has been the role of the local police or the school’s school resource officer (SRO). Zboray said that school board policies KLG and KLG-R help define the role of police in the schools.
“Our board strongly discourages law enforcement authorities from using the schools as a venue to arrest students or staff on school grounds,” Zboray said.
According to Zboray, within those policies, the superintendent maintains the authority to deny law enforcement access to students for non-school related investigations.
The school’s MOU with the Bar Harbor and Mount Desert Police Department “specifically prohibits the SRO from acting outside of their role and prohibits them from arresting students unless they pose a real and imminent threat to students,” Zboray added.
The jurisdictions and laws that local police departments are responsible for enforcing are state and municipal and not federal which they have no authorization to enforce. Zboray reminded the AOS board of this at the meeting and it has been previously stated by Bar Harbor and Mount Desert Chief David Kerns.
“If agents were to show up here, it is important for those front facing staff to know that ICE agents cannot remove individuals from schools without a federal court warrant signed by a federal judge or magistrate judge of the United States District Court,” Zboray said.
Zboray explained that if an ICE agent arrived at school, the agent is not allowed within the schools and communication would take place in the reception vestibule where all visitors are received. He also explained that due to the Family Education Rights and Privacy Act, personally identifiable information is not allowed to be shared unless a parent consents or under certain expectations such as a lawful warrant or subpoena and schools do not have to respond to any request for records for 10 days.
BOARD COMMENTS
When Zboray was finished with his comments, member Keri Hayes said that she was wondering how other board members felt about the request made by Gatz and Laber that the school board issue “a public statement that reiterates that our schools are safe, supportive, and welcoming places of learning for all of our students.”
Hayes said since the school system does have strong policies in place she was wondering if a statement as requested was “likely to inflame people who don’t like the idea of protecting our students or is it something that we want to do?”
Board Chair Jessica Stewart recommended that it be placed as an item on a future agenda.
PUBLIC COMMENT AT MOUNT DESERT ELEMENTARY SCHOOL
At the February 5, 2025, Mount Desert Elementary School School Committee meeting Karen Sharpe, who is a grades 4 and 5 teacher at MDES made the following public comment at the beginning of the meeting. Sharpe’s statement indicated she would like the school to support the LGBTQIA+ community.
“In making the following statement, I want to be clear that I am speaking only on my own behalf.
“I'm responding to a comment made at an AOS 91 school board meeting on Monday, February 3rd. I attended the beginning part of this meeting virtually. During a discussion of how we will offer support to LGBTQIA+ students in our schools, one suggestion was that a statement of support be written and shared. This was countered by a comment that maybe a statement of support shouldn't be written and shared because what about the people who don't agree? (I'm paraphrasing here.) I stand behind the suggested letter of support. More important than not offending those who ‘disagree’ with the statement is supporting in clear language those who need to feel that their teachers, administrators and school board are behind them.
“In situations like this, I like to consider things from a ‘flipped perspective.’ Being straight and/or cisgender have long been accepted as the ‘norm.’ Would we ever consider withdrawing our support from these groups because we don't ‘agree?’ That would never occur to us. Gender and sexuality exist on a continuum, and all of our students' lived experiences are real, including those who are LGBTQIA+. Just as real as the experience of being straight and/or cisgender is for others. Now is the time—it has always been the time—to stand clearly and publicly in support of our LGBTQIA+ students.”
SCHOOL CALENDAR FOR THE 2025/26 SCHOOL YEAR
After very little discussion and a few comments, the AOS board unanimously approved the draft school calendar for the 2025/26 school year.
The board then entered an executive session for contract negotiations.
The next meeting of the AOS 91 School Board is scheduled for Monday, March 10, at 6 p.m., in the high school library.
The Bar Harbor Story is generously sponsored by Rick Osann Art.
LINKS TO LEARN MORE
February 3 AOS 91 Meeting Video
If you’d like to donate to help support us, you can, but no pressure! Just click here (about how you can give) or here (a direct link), which is the same as the button below.
If you’d like to sponsor the Bar Harbor Story, you can! Learn more here.
I would like to clarify the intent of my comment at the most recent AOS meeting. My intention was to express relief that we have strong policies in place and to commend the people who work hard on crafting those policies. I hoped to start a conversation and get other board members talking about what we can do to protect our most vulnerable students and the teachers and administrators who may be placed in the difficult situation of standing up for them. Our board chair correctly tabled any conversation because it wasn’t on the agenda. Given the opportunity, I would gladly walk that comment back. I am 100% behind our LGBTQ+ students, our students in need of special services, our students of color or from different ethnic backgrounds, etc. I will do whatever I can to protect them and stand up for them as a school board member and as a citizen. I regret suggesting that our policies are enough, and fully intend to stand behind any statement of support that is put out by our school board. I have found this time post-election to be overwhelming (as is the intention of those who are hitting us with a barrage of unconstitutional acts). My statement was not well thought out but please know that my intent is to fully support our students and staff.