Non-discrimination policies

Dear M. Raih,

Thank you for your email we received on April 11, 2017, in which you request certain documents under 1 M.R.S.A. § 408-A, Maine’s Freedom of Access Act (“FOAA”). This letter constitutes official acknowledgement and response to your request.

You request a copy of the following documents:

· Any and all written documents in effect now and/or generated over the last two years that include, but are not limited to, policies, procedures, training manuals, talking points and slideshows that include the topic of non-discrimination or anti-bullying policies regarding LGBT identified students, including but not limited to policies on the use of restroom and locker room facilities.

· Any and all communications or questions requested from education institutions regarding the Department of Justice’ 2016 Joint Guidance on Transgender Students (“Dear Colleague Letter”) or Trump’s 2017 “Dear Colleague Letter,” referenced at: https://www2.ed.gov/about/offices/list/ocr/letters/colleague-201605-title-ix-transgender.pdf and https://www.justice.gov/opa/press-release/file/941551/download.

· Any and all records, reports or documents sent to districts that regard student sexual health education.

· All memos, letters, policies and guidelines sent to schools in the last five years that outline policies regarding transgender or gender non-conforming students, including but not limited to the use of restroom and locker room facilities.

We will begin reviewing our files for records that are responsive to your request. We will withhold any records that are not subject to FOAA, including but not limited to personnel matters, student privacy, other confidential matters, and records unrelated to the transaction of state business. We will provide statutory references as a basis for any redactions or denials of records when a final decision is made.

We do require a reasonable period to go through our records to determine when we may be able to provide any responsive documents. Once we make this determination, we will provide you with a good faith, non-binding estimate of the time and cost of complying with your request. Please note that with the current legislative session the normal operation of our office will require significant time dedicated to legislative and policy matters. Your request will be processed in the ordinary course of business.

Pamela Ford-Taylor, M.S.
School Enrollment Specialist
FOAA Contact
Maine Department of Education
23 State House Station
Augusta, ME 04333-0023
207-624-6617
Pamela.Ford-Taylor@maine.gov
-------------------------------------------------------------------------

Sign up to receive notices about upcoming reporting due dates and other Maine Education related news through the Commissioner’s Update<http://eepurl.com/cTM8w>

Subscribe to the Commissioner’s Update<http://eepurl.com/cTM8w>

Dear M. Raih,

We have begun compiling documents responsive to your request for certain documents under 1 M.R.S.A. § 408-A, Maine’s Freedom of Access Act (“FOAA”). Per your request, we are limiting our search for documents in the first paragraph of your request to two years.

We are seeking clarification about the time frames requested for your request in the third and fourth paragraphs: “Any and all records, reports or documents sent to districts that regard student sexual health education” and “any and all memos, letters, policies and guidelines sent to schools in the last five years that outline policies regarding transgender or gender non-conforming students.” If not limited to two years, these will be very time-consuming and voluminous searches, taking 3 months or more to complete. We charge $15.00 per hour of staff time necessary to respond to your request beyond the first hour as permitted by law. If you would like copies of the documents, we will charge $0.10 per page. If you would like the electronic copies of the records mailed, we will require payment of the actual cost of mailing only but the electronic records contained on CD will be free of charge pursuant to FOAA law. As long as the file size is not too large we can send you the records via email.

Please let me know if you would like to alter the scope of your request, and how you would like to proceed.

Regards,

Pamela Ford-Taylor, M.S.
School Enrollment Specialist
Maine Department of Education
23 State House Station
Augusta, ME 04333-0023
207-624-6617
Pamela.Ford-Taylor@maine.gov
-------------------------------------------------------------------------

Sign up to receive notices about upcoming reporting due dates and other Maine Education related news through the Commissioner’s Update<http://eepurl.com/cTM8w>

Subscribe to the Commissioner’s Update<http://eepurl.com/cTM8w>

Dear M. Raih,

We have begun compiling records responsive to your FOAA request. Our good-faith, non-binding time estimate is June 19.

In regards to cost, we charge $15.00 per hour of staff time necessary to respond to your request beyond the first hour as permitted by law. If you would like copies of the documents, we will charge $0.10 per page. If you would like electronic copies of the records mailed, we will require payment of the actual cost of mailing only but the electronic records contained on CD will be free of charge pursuant to FOAA law. As long as the file size is not too large we can send you the records via email. Our non-binding cost estimate for this request is $90 for staff time only.

Once the records are compiled, I will contact you to schedule an agreeable time for you to review them. Please do not hesitate to contact me should you have any questions.

Regards,

Pamela Ford-Taylor, M.S.
School Enrollment Specialist
Maine Department of Education
23 State House Station
Augusta, ME 04333-0023
207-624-6617
Pamela.Ford-Taylor@maine.gov
-------------------------------------------------------------------------

Sign up to receive notices about upcoming reporting due dates and other Maine Education related news through the Commissioner’s Update<http://eepurl.com/cTM8w>

Subscribe to the Commissioner’s Update<http://eepurl.com/cTM8w>

Dear Ms. Raih,

This email is to notify you that we have completed compiling and reviewing the FOAA documents requested per your revised email on April 21, 2017. The cost for the compilation and review is $90. The documentation and invoice are attached/relayed with this email. If you would like paper copies of the documents, we will charge $0.10 per page. If you would like the electronic copies of the records mailed, we will require payment of the actual cost of mailing only but the electronic records contained on CD will be free of charge pursuant to FOAA law. Please let me know if you would like to receive the documents in a different format.

There are several parts to our response:

First, a pdf file is attached (Muckrock 6-7-2017) which contains communications between the Department of Education and schools/districts responsive to your request. Two items were redacted from these communications: on page 46 we removed a personal email and phone number, and on page 154 we removed the school and contact identifying information.

Second, attached is a pdf copy of the publication Leading the Way on Controversial issues and its addenda in separate files. This publication is referred to in some of the communications above as attachments.

Finally, some of the documents are available online. Below is a list of linked references related to policies and/or resources currently in place and referenced in the last two years.

http://www.maine.gov/doe/bullying/index.html

http://www.maine.gov/doe/healthed/index.html

http://www.maine.gov/doe/healthed/areas/family.html

https://www.maine.gov/doe/healthed/resources/key-concepts.rtf

https://mainedoenews.net/2016/04/13/feedback-a-valuable-teaching-strategy-for-health-education-and-physical-education-part-2/

http://www.mainelegislature.org/legis/Statutes/22/title22sec1908.html

http://www.mainelegislature.org/legis/Statutes/32/title32sec3292.html

http://janus.state.me.us/legis/statutes/5/title5sec19203.html

http://legislature.maine.gov/statutes/5/title5sec19203-A.html

http://legislature.maine.gov/statutes/5/title5sec19203-D.html

http://www.mainefamilyplanning.org/image_upload/abortion%20care%20-%20minors%20rights%20card.pdf

http://www.mainefamilyplanning.org/page/2-1012/bestpracticescurriculum

Please call or email if you have specific questions regarding any of the above.

Pamela Ford-Taylor, M.S.
School Enrollment Specialist
Maine Department of Education
23 State House Station
Augusta, ME 04333-0023
207-624-6617
Pamela.Ford-Taylor@maine.gov<mailto:Pamela.Ford-Taylor@maine.gov>
-------------------------------------------------------------------------

Sign up to receive notices about upcoming reporting due dates and other Maine Education related news through the Commissioner’s Update<http://eepurl.com/cTM8w>

Subscribe to the Commissioner’s Update<http://eepurl.com/cTM8w>

Ms. Raih,

Please see the attached. The Department of Education provided you with responsive records to your Freedom of Access request on 6/7/17 along with an invoice for $90.00 for the cost of compiling and reviewing the records.

As of this date, we have not received payment for this invoice.

Attached also is the invoice as a separate file.

Thank you in advance for your attention to this.

Danielle McKay
Secretary Associate
Commissioner's Office
Maine Department of Education
23 State House Station
Augusta, ME 04333-0023
Phone: 207-624-6663
Fax: 207-624-6700
E-mail: danielle.mckay@maine.gov<mailto:danielle.mckay@maine.gov>

CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure, or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy/delete all copies of the original message. Any questions should be directed to the State of Maine Department of Education 207-624-6620. Thank you.

Ms. Raih,

Please submit payment for the attached invoice pertaining to your Freedom of Access request. This is the third request for payment of the $90.00. A 4/21/17 email is attached informing you that there would be a charge for compiling and reviewing the responsive records.

Thank you for your attention to this matter.

Danielle McKay
Secretary Associate
Commissioner's Office
Maine Department of Education
23 State House Station
Augusta, ME 04333-0023
Phone: 207-624-6663
Fax: 207-624-6700
E-mail: danielle.mckay@maine.gov<mailto:danielle.mckay@maine.gov>

CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure, or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy/delete all copies of the original message. Any questions should be directed to the State of Maine Department of Education 207-624-6620. Thank you.