Colts Neck School Board Tables Vote On Trans Student Policy

COLTS NECK, NJ — With state anti-discrimination lawsuits looming in other districts, the Colts Neck Board of Education Wednesday night "hit the pause button" on a policy that would require parental notification regarding their child's gender identification.

The cavernous cafetorium of the Conover Road Primary School was packed with hundreds of people ready to passionately express their views either for or against an amended board policy that would require the notice in certain instances where students identify as transgender at school.

The pre-school to Grade 8 district published the policy on its website Monday night.

The proposal followed enactments of similar policies last week in nearby districts, including the Marlboro, Manalapan-Englishtown and Middletown school districts. Those policies are now being challenged in court by the state Attorney General as discriminatory.

Board President Heather Tormey permitted at least 50 people to speak for a total of two hours about the proposal.

Those opposed to the policy were cheered on as they described it as dangerous to trans children and discriminatory, according to state law.

Those in favor of the notification policy also found support and applause as they called for parental rights to be respected when it came to their children and the issue of their gender identification.

At times, a handful of supporters from either side had to be peacefully removed from the meeting by Colts Neck police officers in attendance when Tormey determined their behavior was disrespectful.

But after the public was heard and the board quickly conducted other business, a motion was made by Boardmember Alison DeNoia to table Policy 5756. It was seconded by Board Vice President Kevin O'Connor and was approved by a 6 to 3 vote.

Speaking after the meeting, Tormey described action as a way "to hit the pause button" on a policy that she noted there was no "immediate need" for.

Plus, approving a policy similar to those already under fire from the state Attorney General was "not fiscally responsible," she said.

There is no date set for any further consideration of the policy, Tormey said.

Policy 5756 calls for a "prompt" process to begin to inform a parent when a student asks the school to be addressed by a different name or pronoun or identifies as a different gender.

However, school professionals would not be required to notify parents in the "reasonable belief" that disclosure would pose a threat of harm to a student, the policy says.

"The Board recognizes the crucial role that parents/guardians and school staff have in a transgender student's safety and well-being. In an effort to preserve the child's best interests, transparency between home and school is essential," the policy reads, in part.

Huge turnout from opponents, supporters of policy

But speakers opposed to the policy came forward to ask and, in one case, to "beg" the board not to go ahead with it, based on their own experience of when they were ready to tell their parents they were aware of being transgender.

"The only person who knows you is yourself," said one speaker. And many described how they began to sense their feelings as young as seven or eight years old, but did not feel they could share those feelings.

One person, a dentist, was thankful they transitioned as an adult and could pay for their own home and medical care, they said. Minors might be rejected by their families, speakers said, and even not be allowed to live at home. A variety of counselors, pastors, transgender individuals and teachers all spoke about documented mental health issues or suicides resulting from being "outed."

Another problem with the policy, opponents said, was the expense of a lawsuit that would almost certainly be filed by the state Attorney General against Colts Neck, as now exists against Manalapan-Englishtown, Marlboro, Middletown and Hanover. Opponents also raised the issue of liability for the district.

But one speaker in favor of the policy, RoseAnn Scotti, a former 10-year board member and nine-year Township Committee member, said the board should approve the policy and not fear "The State" and any legal action.

In the years she served, she said, parental involvement in their children's education was encouraged, she said.

"I'm pretty appalled that parental involvement is even questioned," she said.

One father who spoke said the policy should be approved. "You can't vilify parenthood," he said.

Another supporter of the policy urged the board to take on litigation with the state.

"No one knows my kids better than me," he said.

You can hear all the comments on audio that will put on the Colts Neck school board website in two days, the district said.

What the policy called for

The now-tabled policy cited a process the district would follow regarding a transgender student:

"When a student discloses to a staff member that either (i) they would like to be addressed by a name other than their legal name, or (ii) they identify with a gender not corresponding to their biological sex, or (iii) they would like to be addressed by a pronoun not corresponding to their biological sex, the Principal or designee will confirm with the student their parent/guardian’s knowledge of their gender identity and/or expression.

"When a student informs the Principal or designee that their parent/guardian is aware of the student’s gender identity, the Principal or designee shall promptly confirm such with the student’s parent/guardian.

"In the event that a student informs the Principal or designee that their parents/guardians are unaware of the student’s gender identity, the Principal or designee shall promptly develop a plan with the student to notify their parent/guardian of their child’s gender identity and/or expression, and provide such notification, provided, that, such Principal or designee shall not be obligated to notify a parent/guardian if there is a good faith and reasonable belief, based on documented evidence and circumstances, that such disclosure will pose a threat of harm to a student."

State complaints filed against districts

Policies that call for parental notification in certain circumstances regarding a student's gender identity have recently been adopted by the Manalapan-Englishtown, Marlboro and Middletown boards of education. (Click on the highlighted area to read a story about those districts.)

But the state Attorney General's office filed a lawsuit against those districts within two days of the enactments of policies there on the basis of the state's Law Against Discrimination and is calling for a temporary restraining order on their implementation.

On Wednesday, the Marlboro Board of Education agreed to hold off on fully implementing its transgender student policy until a request for a stay on the policy from the state Attorney General's office is heard in court on Aug. 15.

Attorney General Matthew J. Platkin announced last week the filing of Division on Civil Rights complaints challenging what it termed "unlawful policies."

The state action alleges that all three of the policies violate the New Jersey Law Against Discrimination’s prohibition against discrimination on the basis of gender identity or expression.

As the complaints assert, the policies enacted by the districts "expressly target transgender, gender non-conforming, and gender non-binary students by singling them out for differential treatment, requiring parental notification for those students but not their peers," the Attorney General's office says.