First Vote To Repeal Trans Student Policy OK'd By Holmdel Board

HOLMDEL, NJ — The Board of Education, even as it moves toward the final repeal of Policy 5756 that sets limits on notifying parents that their child identifies as transgender, appears to be taking a more creative approach to what has become a statewide controversy.

Board members both for and against the repeal broached the idea Wednesday night of developing a board policy that reflects how the district already responds to the needs of transgender or nonbinary students, who might tell school professionals about their gender identity and other issues, such as their wish to have a more fitting name or pronoun.

The district, which has nearly 200 policies on the books, had already decided that all the policies need review. A Policy Committee will begin that job Oct. 4, at its first meeting, Board President Peter Reddy said.

In Wednesday night's first vote on 5756, the board did, as expected, vote in favor of repeal. The vote was 5 to 2, with two members unable to attend the meeting.

A second, "confirming" vote, as the board attorney referred to it, will take place at the regular October meeting. Meanwhile, Policy 5756 is still in effect, Reddy said.

The two members who voted "no" on the repeal, Surekha Collur and Kimberly Tuccillo, suggested a different approach - to bring the two sides on the issue together to develop a more meaningful policy that meets the needs of parents and transgender students. Meanwhile, they said they saw no immediate need to abolish 5756.

Tuccillo noted that the New Jersey School Boards Association's version of the policy seems to be "more in line" with the district's current handling of the issue.

Superintendent Dr. Scott Cascone said last night that when issues regarding a transgender student are brought to the staff, the district approaches each case in both a "pro-student and pro-parent manner."

Collur, joining the meeting remotely, asked the board not to rush into a repeal, just as she urged last week at a workshop meeting.

Rather, she said the board could do something "historic" by creating a better policy. The board, she said, would want to "lend a helping hand to marginalized human beings."

Board member Chris DiMare, while a firm "yes" vote on repeal, along with Reddy and members Terence Wall, John Buckley and Jeffrey Mann, said there can be room for discussion of a community-based policy.

He said he thinks that, for younger students in the Village and Indian Hill schools, parental notification should be not be questioned. For older students, he acknowledged that a community-based policy could be developed with residents on both sides of the issue.

Wall, the board vice president, after making other broader comments about the policy, also said he welcomed differing views, saying that sort of discussion could result in the best policy.

Policy now termed "not mandatory"

State Department of Education Policy 5756 was put into place in 2019 in the district, and it offers guidance for school districts regarding transgender students, based on the Law Against Discrimination.

The school board reiterated that repeal of the policy does not negate any protections for students under the state Law Against Discrimination or the state Anti-Bullying law.

The policy was originally characterized as mandated by the private policy-writing company, Strauss Esmay Associates. But in a legal argument by the state Attorney General in a case on the policy in Hanover in Morris County, the state acknowledged the policy was not mandatory.

Colts Neck and Howell school boards repealed the policy at meetings last week on the basis it is not mandatory.

Marlboro, Manalapan-Englishtown and Middletown districts all amended the policy earlier this summer to require, in most instances, involvement of parents in a discussion of their child's transgender identification. Those districts are now currently under an injunction not to implement the policies based on a lawsuit brought by the state Attorney General.

Wide range of public comment

The board, which heard more than two hours of public comment last week at its Committee of the Whole meeting, again granted each person who wanted to speak on the issue time to bring their opinions before the board.

And, as in every meeting in every district on the issue, feelings ran deep and many personal stories were made public.

For example, a male youth who transitioned from being a female - and is a senior at the high school - spoke about his personal experience.

In fact, later in the meeting, when his comments were mentioned, he was given a round a applause by the superintendent and all the people on the dais.

Here is his story:

He told his freshman year guidance counselor about his transgender identity. The counselor was the first adult he told, he said, even with having a loving family.

"There was no talk of hormones or anything," he said. In fact, after that one first talk, "I was just smiling so much," he said.

He said if he thought his revelation would be disclosed to his family, he would never have spoken.

Rather, he gradually was able to "come out" to his family and others by the summer before his sophomore year. He gradually became more comfortable and was able to join activities at the school, he said. He urged keeping Policy 5756 in place.

But others offered a different perspective.

One man, a resident of nearby Matawan, was sympathetic to students who might be bullied or made to feel marginalized. He recalled being bullied himself, he told the board.

But he also said that parents need to know what their child is going through emotionally and to be aware of any physical changes a child may be considering.

"When did the child become the adult?" he asked.

Several people who were fathers or grandfathers or mothers or grandmothers voiced similar concern that even a person in their 20s may not have fully developed judgment, even about themselves or their gender.

One woman, a mother and grandmother, said parents are responsible for their children - both to love them and to care for them - and should be informed of major issues such as a sexual identity.

Another grandfather told the board members he has a gay daughter and a nonbinary grandchild - and he supports the policy.

"I'm very happy with my nontraditional family," he said proudly.

But that is not the case in every family, he said.

A friend of his daughter's showed up at his house after he came out to his parents. He was told to leave home.