Repeal Of Transgender Student Policy Coming In Holmdel Vote

HOLMDEL, NJ — The Holmdel Board of Education will vote Wednesday night on a first reading to repeal a state education policy that addresses how districts can counsel students who identify as transgender.

And this follows action Sept. 20 by both Colts Neck and Howell school boards to repeal the same policy.

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 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 involving Hanover in Morris County statements were made that the policy was not mandatory.

This opened the door for repeal of a policy that many parents oppose because it puts conditions on notifying parents whose children may approach school counselors about identifying as transgender or nonbinary.

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

The Hanover Board of Education has already voted to repeal 5756, and was to vote on Sept. 26 to make its repeal of permanent, the board president there said.

According to a statement by Hanover Board President Lisa Bomengo, "Hanover Township Board of Education was well within our legal rights to repeal policy 5756. At oral argument on Sept. 6, 2023, the Honorable Stuart A. Minkowitz, A.J.S.C. and Deputy Attorney General James Michael acknowledged and confirmed that Policy 5756 is not mandatory and, rather, 'a voluntary policy anyway subject to repeal by the Board at any time.' "

Other districts that didn't amend the policy are now moving to repeal it entirely as non-mandated.

Last week, while Holmdel was discussing its own action, the Colts Neck Board of Education voted in one reading to repeal the policy, by a vote of 6-2, according to a board member.

The Howell Township Board of Education also repealed the policy on Wednesday night, 5-4, in one reading, a board member confirmed.

In Holmdel, supporters of repeal, such as board member Chris DiMare, had hoped to vote Wednesday night to repeal the policy. But other board members, such as Surekha Collur, said they did not see see an "emergent" need for a vote and wanted time to read the policy and consider a vote.

The board, in a poll at the Committee of the Whole meeting, agreed in six votes to put the matter on the public agenda at the next regular meeting, Sept. 27, at Holmdel High School (6 p.m. executive session, 7 p.m. public session).

The board's counsel last week said the vote will require a first reading, and then a second vote, with proper notice of the meetings to the public.

And Board President Peter Reddy, who supported putting the matter on the agenda next week, said a Policy Committee has just been created and will have its first meeting in October to begin a review of the 180 to 200 policies that Holmdel, like other districts, has on the books.

Coming right before COVID amid altered meeting protocols and marked as "mandatory," policy 5756 didn't get much review at the time, he said.

And board Vice President Terence Wall characterized the policy this way: "5756 was born of a lie by Strauss Esmay," he said, referring to the "mandatory" nature of the policy.

Strauss Esmay, in a lengthy statement in response to the controversy around 5756, said, in part:

"There may be some confusion regarding Strauss Esmay’s usage of the word 'mandated' in our classification system of Policy and Regulation Guides. Strauss Esmay’s Policy and Regulation Guides are classified using an “in-house” set of criteria based on many years of experience. . . . .

"In addition, Strauss Esmay may classify a Policy Guide as mandated because the issue has significant health and safety or liability implications for a school district. However, a Board of Education is free to accept, reject, or modify any Policy and/or Regulation Guides provided by Strauss Esmay Associates," a portion of the statement said.

And the state Attorney General's office provided a response to the issue:

"New Jersey’s public school officials must comply with the Law Against Discrimination (LAD). The Department of Education’s guidance on this issue (found at Transgender Student Guidance for School Districts) explains the existing statutes and regulations. It provides guidance to public schools on how to comply with the LAD, but is not legally enforceable on its own," the statement from the office said.

Many parents and residents and even non-residents spoke at the meeting in Holmdel.

Many opposed repeal of the policy, saying it supports state anti-discrimination laws that protect many people based on disability or race or sexual orientation, among other factors. DiMare said at the meeting that the repeal of the policy does not undermine protections under the state Law Against Discrimination.

The stated purpose of the policy, it reads, is to "help school and district administrators take steps to create an inclusive environment in which transgender and gender nonconforming students feel safe and supported, and to ensure that each school provides equal educational opportunities for all students."

According to the policy, "Communication with the student is paramount. Schools and school districts are encouraged to communicate openly, albeit confidentially, with students regarding their transgender status or gender identity. Proper communication with the student will ensure that appropriate steps are taken to determine a student’s preferences and address potential privacy concerns and associated risks to the student’s well-being."

But other speakers expressed concern that an issue like sexual identity is a matter parents must be involved in, conceding that students do need protection if their home situation might result in harm or abuse if they disclosed their feelings.

Superintendent Dr. Scott Cascone spoke to how the issue of transgender-identifying students has come up in the district previously. He said there is collaboration and parents might even bring the matter to the school's attention. If a student needs a dialogue with a school staff member, it is one certified in this area. "We hope to bridge the gap and facilitate that," he said. Other policy requires parental notification is a student expresses self-harm or harming others, he added.

The nearly three-hour meeting was open to lots of comment on the issue and the board now has Committee of the Whole meetings to encourage this sort of transparency, Reddy noted.

A theme by speakers in support of 5756 was its emphasis on communication and mental health support, with one speaker noting that parental rights were not the only rights to be considered - but those of the student as well. Not allowing for privacy might cut off all communication a student in this already stressful situation has, others noted.

And the state has previously cited data that 40 percent of transgender youth are not supported by their families, and 1 in 10 transgender children or teens are met with physical violence from their parents.

But other parents said the communication with parents is vital in such an issue.

They said parents are required to be informed when a child needs "to be given a Tylenol," so they certainly should learn about a transgender identification discussion.

Board member DiMare summed up those views by saying "We love all children in Holmdel," and he does "not want to come between parent and child."

This article has been corrected to accurately reflect action on Policy 5756 by the Hanover Board of Education.