One Morris school district moves to scrap transgender rule. A second is still 'listening'

Two Morris County school boards resumed debates this week about a topic that has divided districts across New Jersey: Policy 5756, a state guideline that treats LGBTQ+ students' gender status as confidential information between school and student.

On Tuesday, the Rockaway Township Board of Education held a "listening session" that drew a large audience and dozens of speakers. Critics said the policy infringed on parents' rights while supporters warned revoking it could put vulnerable children in danger.

In the end, the board in the K-8 district took no immediate action, saying a policy committee would review the issue.

A day earlier, the school board in nearby Roxbury did act, narrowly advancing a resolution that would rescind the transgender rule by a 6-4 vote. A final vote could take place at the board's next meeting on April 15.

The communities joined a debate that has roiled school boards across New Jersey over the last two years, as a movement of conservative parents rose up to object to the protections. The policy, modeled on voluntary state guidelines, requires districts to accept the gender identity and pronouns preferred by students. Parental notification or consent is not required.

New Jersey's Attorney General has taken four school boards that revoked the policy to court, arguing they're endangering LGBTQ+ children who may not feel safe coming out to their families.

'Polarizing' topic in Rockaway Twp.

Facing pressure from both sides, New Jersey school boards have three primary options, according to Rockaway board attorney Dennis McKeever, who began Tuesday's listening session with a presentation outlining the legal issues.

"We're very aware this can be a polarizing, emotional and divisive topic," McKeever began.

The three options, he said: rescind, revise or "stay the course" and continue to abide by Policy 5756. Critics say parents need to be aware of such fundamental decisions while advocates stress the need for children questioning their gender identities to have a "safe space" to talk to school staff without fear of being "outed" to their parents.

Nearly all New Jersey school districts have adopted the transgender guidelines since it was crafted based on a law passed in 2017 under Gov. Chris Christie. McKeever stressed the risk of legal action should the board rescind or revise, referring to the lawsuits filed by state Attorney General Matthew Platkin.

The Rockaway district, which serves about 2,400 students, adopted the policy in 2019. Altering it could violate state anti-discrimination laws, McKeever said. Yet, he continued, "there is nothing in the law, there's nothing in the statute, there's nothing from the commissioner of education's guidelines that requires the adoption of the policy in the first place."

More: 3 North Jersey school districts reverse bids to jettison transgender student safeguards

About 30 people spoke during the public session, roughly divided on either side.

Jason Warner, who advocated for rescinding, said McKeever's presentation left out potential exposure to lawsuits by students and families claiming they were harmed by the policy. He referred to 5756 as an attempt at "inclusion at the expense of fairness" and said it "places school above the hierarchy of family, which is unacceptable."

But another speaker, Karen Lambert, said the policy protects vulnerable kids. She said she embraces an inclusive household but that her child did not come out to her as transgender until after counseling from school staff who "did exactly what they were supposed to do" and followed the policy.

"They talked to my child and encouraged them to come out to us, and addressed whatever fears they had," Lambert said. "Taking this away puts kids in danger. My friends who have come out to their family have been disowned, or worse."

Roxbury to rescind?

In Roxbury, a K-12 district with about 3,400 students, a sharply divided board voted Monday night after a brief discussion. It followed similar debates in October and December when the previous school board voted against scrapping Policy 5756. Since then, three candidates on a "parental rights" platform won elections and took their seats in January.

Board President Leo Coakley remained opposed to rescinding the transgender guidelines; he was joined by Edwin Botero, Brian Staples and Carol Scheneck. Voting in favor of revoking the policy were Anne Colucci, Christopher Milde, Sharon MacGregor-Nazzaro, Camilo Bonilla, Kathy Purcell and Valerie Galderi.

Colucci, Galderi and Bonilla ran together in November on a "Back to Basics" slate that stressed parental rights. They defeated three candidates on a "Kid's First" ticket that stated its support for the LGBTQ policy.

Story continues after gallery.

"I feel like I'm the movie 'Groundhog Day.' Here we go again," Scheneck said. The latest resolution to repeal was "a pretense to do something to appease the people that voted for them, but it does nothing at all. We still have to follow the current law. All it does is expose the school district to litigation."

Purcell replied by asking Scheneck why she was not more vocal about her support for 5756 last year. "Were you comfortable before because the board was a little bit different, and now you're feeling a little bit intimidated that the board is going to change, and now you feel the need to intimidate the public?"

Scheneck disputed Purcell's claim she did not speak out at previous meetings. "Go back and listen to the tape because I did speak, extensively," she said.

The Roxbury Board of Education has been embroiled over the past year in the national debate over LGBTQ-themed materials and parental rights at school, with the rhetoric growing bitter enough to spur a lawsuit by the high school librarian against residents she says defamed her. The case is still pending.

Legal fights over Policy 5756

In Rockaway, McKeever said the board's policy committee will meet to review the public input from the listening session. Eventually, it will present a recommended course of action, he said. No timetable was given for when that might happen.

Last fall, a Morris County judge blocked Platkin's attempt to prevent Hanover Township from abolishing policy 5756, but also enjoined the district from implementing its own policy calling for parental notification.

"We remain confident that his decision will rightly be overturned on appeal," the Hanover board wrote in response. "Rest assured, the Hanover Township Board of Education remains steadfast in our resolve to fight against the state’s hostility towards families and their calculated efforts to make our schools the battleground for their radical politically driven ideology."

McKeever noted other New Jersey towns are also involved in related litigation, including Marlboro and Manalapan.

The Attorney General's Office hasn't taken action against any other boards that have moved to revoke the policy, apparently waiting to see how the legal fights shake out.

William Westhoven is a local reporter for DailyRecord.com. For unlimited access to the most important news from your local community, please subscribe or activate your digital account today.

Email: wwesthoven@dailyrecord.com Twitter: @wwesthoven

This article originally appeared on Morristown Daily Record: Roxbury, Randolph transgender student policies may be dropped