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Rooks: School construction in Maine needs a major overhaul

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Rooks: School construction in Maine needs a major overhaul


Before leaving for Norway last week, Gov. Janet Mills announced a new commission to study the state’s school construction program and report to the Legislature by next April, to which one might respond, “It’s about time.”

The state’s existing construction model simply isn’t working, and has left towns and cities, and Maine’s regional school districts, with crumbling and outdated buildings and no clear path to replacing or renovating them.

Mills noted that in her first six years, there’s been $580 million committed, which sounds impressive until one realizes a single new high school often costs $100 million.

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With dozens if not hundreds of inadequate buildings, replacing a handful won’t accomplish much, and the backlog of applications keeps growing.

The new commission, chaired by King Administration Labor Commissioner Valerie Landry, has a tall task, and should start with two major flaws in how school projects are financed.

The first is a peculiar compromise by which the state reimburses the local districts that actually borrow the money. Rather than a separate capital construction budget, funding is carved out from the mammoth General Purpose Aid account that goes mostly for operating expenses.

Construction is constrained by a debt ceiling – rarely increased – that limits new projects to debt retired from previous awards. Maine ends up being generous with operating support and stingy for capital spending.

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The second flaw was introduced through adoption of the Essential Programs and Services (EPS) system in the late 1990s.

Previously, construction costs were shared between the state and the local district on a sliding scale. Towns and cities with robust tax bases, as in Cumberland County, would pay more, while those in Aroostook and Washington were mostly state-funded – but all districts paid something.

Under the EPS calculations the state pays 100% for almost every project, meaning it can fund even fewer projects than when local districts contributed.

Now, a few lucky districts effectively win the lottery, while everyone else is left out in the cold.

The infrastructure crisis has become so severe that some districts have tried to do without state funding and asked property taxpayers to pick up the entire tab. Even in Cumberland County, the results have been dismal.

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While some local bonds have been approved, most have been turned down – not necessarily because voters don’t support schools but because they rightly see this as a state responsibility.

It makes little sense for Maine to provide 55% of all approved school spending but make construction projects wait a decade or longer. Students will have started school and graduated by then.

What can be done? There are other models.

When voters turned down several state prison bond issues during the McKernan administration, lawmakers created the Maine Governmental Facilities Authority, operating “off budget” and apart from General and Highway Fund bonds more familiar to voters.

Later expanded to courthouses, the authority has replaced or renovated nearly the entire state correctional system, and has built impressive judicial centers in several counties.

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That’s all well and good, but most parents and taxpayers would place a higher priority on schools. That’s not the way things are working.

A School Facilities Authority may not be the answer, in part because we have an existing system, however flawed – but mostly because the authority has no real accountability to taxpayers and citizens.

One possibility: a robust General Fund bond that voters could approve to jumpstart the process, along with a real capital budget for the first time in decades.

There are other matters for the Landry commission to take up. Current rules require a perhaps excessive amount of acreage, eliminating sites close to urban and village centers and creating sprawl.

Kids can’t walk to school, and schools are increasingly remote from the communities that support them.

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Finally, no amount of tinkering with construction funding can ignore Maine’s hopelessly decentralized school districts, well over 200 for fewer than 200,000 students – less than 1,000 per district.

A Baldacci administration initiative to consolidate failed because it ignored the proven formula for success: the Sinclair Act, passed in 1957 during the administration of Gov. Ed Muskie.

Implemented during the 1960s, Sinclair created 68 regional districts with generous support for mergers, and provided the first adequate rural high schools in Maine. The 2007 consolidation plan, by contrast, penalized districts for not merging while provided no state plan to do so.

The next administration could dust off Sinclair and see what will work in a high-tech era where public schools face unprecedented challenges.

Mainers have shown time and again they value public education and are willing to pay. Now the state must make sure they’re getting their money’s worth.

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Douglas Rooks has been a Maine editor, columnist and reporter for 40 years. He is the author of four books, most recently a biography of U.S. Chief Justice Melville Fuller, and welcomes comment at drooks@tds.net.



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National Democrats are ‘actively recruiting’ a candidate for Maine’s 2nd District

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National Democrats are ‘actively recruiting’ a candidate for Maine’s 2nd District


AUGUSTA, Maine — National Democrats are working quickly to recruit a candidate to run in Maine’s 2nd District following U.S. Rep. Jared Golden’s stunning Wednesday decision to leave the 2026 race for the battleground seat.

The behind-the-scenes wrangling underscores the difficulty that the congressman’s party will have in replacing him in a rural district won three times by President-elect Donald Trump. Former Gov. Paul LePage is now the odds-on favorite to flip a seat that could be crucial to keeping the House in Republican hands come next year.

House Democrats’ campaign arm is “actively recruiting” a candidate for the seat, a person familiar with its plans said Thursday. That indicates a lack of confidence in State Auditor Matt Dunlap, who was running a primary against Golden and may have to contend with more candidates entering the fray.

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“Following the lead of insiders in Washington has taken us to minority status,” Dunlap said in a statement. “I think the people of Maine know what they want in a candidate. I believe I am that candidate, and I am going to win.”

One name to watch is former Senate President Troy Jackson, D-Allagash, who is running for governor with strong support from organized labor. His campaign released a noncommittal and cryptic statement on Thursday amid rumors that he was considering flipping races.

It will be an uphill battle for any Democrat getting into the 2nd District race. Trump pushed it firmly into the Republican column with his 2016 victory. Golden was able to eke out victories by appealing to a small segment of that party’s base, narrowly defeating former state Rep. Austin Theriault in a 2024 election that came down to military and overseas ballots.

LePage led Golden in two polls of the district conducted by the University of New Hampshire, including one last week. Golden used a Bangor Daily News Op-Ed to say he was confident that he would have beaten LePage but was pushed to drop out by increasing political incivility and cases of violence that led him to reassess threats against him and his family.

Republicans were giddy after he dropped out. LePage’s campaign shared the poll results to push the idea that Golden was hesitant to run against the former governor and dismissed the idea that there were any Democrats to fear in the 2nd District given LePage’s record there.

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“I don’t know that it really matters that the Democrats are fighting amongst themselves or have political operatives from D.C. trying to tell them who they should elect,” Brent Littlefield, LePage’s strategist, said.

Jackson released a statement on Thursday saying he was flattered by those reaching out to him about switching races, noting that he represented a Maine Senate district based in the St. John Valley that is socially conservative and has swung toward Republicans.

But he did not clearly answer a question about whether he was considering it. He also attacked LePage, with whom he shared a long history with in the State House. In 2013, LePage famously targeted Jackson with a crude remark during a dispute over budget issues, saying he “claims to be for the people but he’s the first one to give it to the people without providing Vaseline.”

“Paul LePage is a disgraced grifter from Florida who cares more about tax cuts for wealthy donors than fighting for hard working Mainers,” Jackson said.

Another possibility is Chief Kirk Francis of the Penobscot Nation, who was on the verge of a Democratic U.S. Senate primary when he was arrested on a drunk-driving charge last May.

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“In the short time since Congressman Golden announced he is not running for re-election, [Francis] has been approached by numerous people encouraging him to run,” a person familiar with Francis’ decision-making process said Wednesday. “He will be discussing with his family, friends and supporters to determine if this is the right time for him to run for Congress.”



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You can buy a condo in an 1850 mansion once home to a Maine governor

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You can buy a condo in an 1850 mansion once home to a Maine governor


A condo in a restored Hallowell mansion that was once home to a former Maine governor is for sale for $329,000.

The one-bedroom, one bathroom condo is on the top floor of the Second Empire-style home that was built in 1850 and owned by Joseph Bodwell when he served as Maine’s governor in the late 1880s.

Bodwell renovated the house in 1875 to give it its Victorian details that remain on the building’s exterior today, according to the Maine Memory Network. The home is among the most recognizable in Hallowell and stands out from the less ornate homes along Middle Street.

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Born in Massachusetts in 1818, Bodwell was a farmer and businessman who founded Hallowell Granite Works before launching a political career, according to Friends of the Blaine House. He served as Hallowell’s mayor and a State Representative before he was elected Maine’s 40th governor and sworn in on Jan. 6, 1887. His term lasted until he died in the Hallowell home on Dec. 15, 1887.

The home fell into disrepair long after Bodwell’s death and was placed on Maine Preservation’s Most Endangered Historic Places list in 2000. The organization’s list began in 1996 and seeks to call attention to derelict historic buildings throughout the state.

The mansion was slowly restored within the last decade and broken into four units, all of which are occupied except the unit for sale. The current owner bought the condo in 2022, according to local property records.

With an asking price of $329,000, the condo is less expensive than the price of an average home in Hallowell, which rested at nearly $374,000 as of Tuesday, according to Zillow. Like elsewhere in Maine, home prices in Hallowell spiked dramatically during the pandemic, but have started to drop slightly in recent months.

The home is perfect for “someone that appreciates classic architecture blended with modern efficiencies,” said Tyler Gaudet of Sprague & Curtis Real Estate, the listing agent for the property.

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“The units are quite energy efficient and they have updated systems throughout them, but they did a really good job of preserving the exterior and the original woodwork,” Gaudet said. “They really preserved the past.”

With more than 1,200 square feet of living space, the condo has an open floor plan with large windows that let in natural light, cathedral ceilings, hardwood floors and granite countertops. The unit has access to the widow’s walk at the top of the building that could be used as an art studio, office or space for guests, Gaudet said.

With more than 1,200 square feet of living space, the condo in the historic mansion offers large windows, cathedral ceilings, and access to the widow’s walk at the top of the building. Credit: Courtesy of Sprague & Curtis Real Estate

“This is the only place I’ve ever sold with an accessible widow’s walk,” Gaudet said. “It’s pretty unique.”

The buyer would also have access to one spot in the detached garage and the shared courtyard on the property, Gaudet said.



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More Maine school districts adopt Trump transgender policy

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More Maine school districts adopt Trump transgender policy


The town of Richmond was trying to decide if it should amend a school policy to prohibit transgender girls from competing in girls sports. Among public commenters, debate was just about evenly split: should they follow a state law that allows them to compete, or an executive order signed by President Donald Trump that doesn’t?

The school board in this small Sagadahoc County town ultimately voted 3-2 in mid-October to align its policies with the executive order, becoming at least the eighth Maine district to do so. They’ve gone against the advice of the law firm that provides counsel to most of the state’s districts. Some, including those in Augusta and Kennebunk, have discussed, but ultimately declined, to adopt those changes.

Ever since Trump signed the order shortly after retaking office, his administration has threatened to pull funding from schools that allow students assigned male at birth to compete on girls sports teams in an interpretation of Title IX, the federal law that prohibits sex-based discrimination in education. Maine’s governor challenged Trump on the issue and pledged to see him in court, which led to the the Justice Department filing a lawsuit against the state. That case is set to go to trial next April.

Maine Gov. Janet Mills, in left image, speaks to President Donald Trump as Trump delivered remarks during a governors working session in the State Dining Room at the White House on Friday. Trump, in the right image, is shown speaking at the event. (Associated Press photos)

But districts like Richmond aren’t waiting for legal clarity, and the conservative Maine Policy Institute and the Maine Chapter of Parents’ Rights in Education are working directly with others that want to make that same leap. Their calculation is that state officials won’t challenge them.

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That may not be true.

The state agency responsible for enforcing the Human Rights Act could already be doing so, its director acknowledged, although all complaints are confidential until their investigations are complete.

Daniel Farbman, an associate professor at Boston College Law School, said executive orders like this one are not laws themselves, just proposed interpretations of existing statute. A change to Title IX could be decided by the courts, but in the meantime, he said, state law still applies.

In the meantime, a group of Maine Republicans are asking voters to sign a ballot initiative that would change state law to align with the Trump administration’s order. Petitioners need to gather 68,000 signatures from registered voters to put the initiative on next year’s ballot and were out at polling locations on Tuesday to kick off that process.

STATE ENFORCEMENT

Maine has required schools to allow students to participate in extracurricular activities without discrimination on the basis of gender identity since 2021. The law is enforced by the Maine Human Rights Commission, a quasi-state agency that oversees complaints of discrimination on the basis of race, sex, gender identity and religion in areas like employment and education.

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The commission enforces the law through investigating submitted complaints, and it’s unclear if the districts that have changed their Title IX policies have faced any. All submissions to the Human Rights Commission remain completely confidential until they’re resolved, Director Kit Thomson Crossman said in a recent interview. The agency has two years from the filing of a complaint to complete its investigation, and it often does take that full time.

“So if a complaint was filed today, I might not be able to tell you anything about it until October of 2027,” Thomson Crossman said.

The Maine Human Rights Commission, the quasi-state agency responsible for enforcing the state’s anti-discrimination law, is required to keep all complaints confidential until they’re resolved. (Joe Phelan/Staff Photographer)

An annual report released last week shows the commission is expecting to get more complaints this year because districts have adopted the federal government’s “as-yet untested interpretation of Title IX.”

The agency is capable of initiating investigations of its own, but those also remain confidential until resolved, and Thomson Crossman said because the agency’s small staff handles between 600 and 800 complaints annually, it’s rare.

But, this “would certainly be a situation where we would be considering that.” 

And even if the commission hasn’t initiated any complaints, it doesn’t mean that state laws don’t still apply.

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“As far as we’re concerned, the Human Rights Act still requires schools to provide a safe education environment for all of their students, cisgender or transgender,” Thomson Crossman said. “Students are required to be able to play sports on the team that corresponds with their gender identity. They’re required to be able to use sex-segregated facilities that correspond with their gender identity.”

The law firm Drummond Woodsum, which provides legal counsel to the majority of Maine districts, has advised school boards to hold off on making changes to transgender student policies and keep following state law.

“Our advice has been, let’s see what the court does with this issue, and then if we need to revise policies to reflect new guidance from the Supreme Court, we can do that,” said attorney Isabel Eckman, who leads the firm’s School Law Group.

MAINE EDUCATION INITIATIVE

The Maine Education Initiative, a project run by the right-wing Maine Policy Institute and in partnership with the Maine chapter of Parents’ Rights in Education, has been leading the effort. The initiative provides districts with model policies, letters, workshops and other resources.

Jacob Posik, a spokesperson for the Maine Policy Institute, said the organization has worked with about a dozen districts, including all of those that have adopted the Title IX changes.

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Allen Sarvinas, director of the parents’ rights chapter in Maine, told the Richmond school board — seizing on a comment Thomson Crossman made to the Bangor Daily News in August — that the Human Rights Commission did not plan to take independent action against any school district for changing its policies.

Posik said it’s proof the commission “does not intend to go after schools that adopt their own Title IX policies.”

Thomson Crossman said those seem like willful misinterpretations.

“Just because we, in August, had no plans to file a commission-initiated complaint against these school districts doesn’t mean that we don’t expect the school districts to still comply with the law,” they said. “And it doesn’t mean that we would never take action.”

Posik justified the approach by saying “federal law supersedes state law” and said that all Maine school districts “are operating in a legal gray area currently” until the dispute is resolved.

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Farbman, from Boston College, said it’s true that a federal change to Title IX would supersede state law, as established by the Supremacy Clause of the Constitution. But the executive order isn’t that: it does not preempt state law, he said, it’s just an interpretation not yet tested by the courts.

He said this has been a consequence of Trump’s flurry of executive orders: “placing things in question that might not otherwise be in question.” He pointed to an executive order about birthright citizenship, which he said straightforwardly violated the Constitution.

Farbman said the orders create confusion as people believe them to be federal law and attempt to comply either because they agree with the interpretation, or because they’re afraid of the consequences if they don’t, something he described as a kind of chilling effect.

Eckman, with Drummond Woodsum, offered a similar read of the situation: the president cannot change statute via executive order, she said, but it has created confusion for her clients.

“It’s a really unfortunate situation where it’s put public school districts in the crosshairs of a much larger kind of culture war,” she said. “I do think our public school clients are really wanting to figure out how to follow the law, by and large.”

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In addition to the Justice Department’s lawsuit against Maine, she said there are two cases on the U.S. Supreme Court’s docket next year could provide official legal clarity on that question.

PLAYING OUT IN SMALL TOWNS

A sign outside Richmond Middle/High School in Richmond, photographed in October 2022. (Staff photo by Joe Phelan/Staff Photographer)

In Richmond, school board member Liana Knight invoked that advice in October, during one of two public workshops on the policy change.

“An executive order is not a law. It’s a suggestion for how a law should be interpreted,” she said. “I am struck that we have reached out to our lawyer, I think at least twice about this, and both times the lawyer has recommended that we just wait.”

Board Chair Amanda McDaniel told the Press Herald she respects the advice of attorneys but she isn’t personally concerned about the conflict with state law.

“We’re put in these positions to make decisions on behalf of the community,” she said. “We can take all advice into account and still move forward with how we feel things need to be done.”

School districts based in Hodgdon, Jay, Sullivan, Danforth, Turner, Baileyville, Wales have made the same calculation.

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All of them represent small, conservative-leaning communities, most with only a few hundred students. It’s unlikely any have transgender student athletes competing on girls sports teams since the Justice Department’s lawsuit cites only three in the entire state. 

In Richmond, those who opposed the policy changes, including several students and teachers, described it as a solution without a problem, argued it unnecessarily exposed the district to litigation, and said the changes targeted a very small and vulnerable student population. Supporters, many who identified themselves as grandparents, invoked fairness in girls sports.

“If we push this forward now, it means we are taking initiative to take rights away from one of our most vulnerable populations,” Knight said. She was one of two votes against the policy change.

McDaniel said in the end it came down to the fact that the majority of the board members felt it was the right thing to do.

A man sits beside a sign that reads “Save Girl’s Sports — Support Title IX” ahead of a Regional School Unit 73 board vote in June on a policy addressing Title IX compliance and sex-based privacy. (Rebecca Richard/Staff Writer)

In Danforth-based MSAD 14, superintendent Margaret White resigned after the board voted unanimously to change its policies, the Bangor Daily News reported.

In Jay-based RSU 73, school board member Bryan Riley quit in July, citing health issues but also describing the board’s recent decision as “unnecessary and reckless.”

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“Fishing for a legal opinion that matches one’s personal beliefs is a good way to waste taxpayer money and erode the trust that exists between faculty and the board,” Riley wrote in his resignation letter.



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