Marlboro BOE Moves To Abolish Transgender Student Policy Suggested By State

MARLBORO, NJ — The Marlboro Township Board of Education unanimously voted to move forward with abolishing Policy 5756 (Transgender Student Guidance for School Districts) at a special meeting Tuesday night.

The vote follows a ruling from the NJ Appellate Court on amendments that the Marlboro, Middletown and Manalapan-Englishtown school boards made to the policy, which would require school staff to notify parents when a student changes their gender identity.

In the first of two votes, the Marlboro Board of Education unanimously voted to abolish Policy 5756. The board will hold a second reading and final vote on abolishing the policy on Feb. 25.

Here’s what you need to know:

Policy Background
Policy 5756 (also known as “Transgender Student Guidance for School Districts”) follows guidance from the NJ Department of Education.

In the policy, school districts are guided to accept a student’s gender identity and school staff are not required to notify parents of a student’s change in gender identity or expression.

Marlboro Public Schools followed Policy 5756 until their board, the Middletown Board of Education and the Manalapan-Englishtown Board of Education amended the policy in June 2023 to require school staff to notify a student’s parent if that student requested a gender identity change at school.

In Marlboro’s amended policy, it’s stated that because the district is Pre-K-8 with no high school, “the Board believes that greater parental involvement is required because of the age and maturity level of its student-body…[I]n the spirit of transparency and parental involvement, the district will . . . notify a student's parent/guardian of the student's change in gender identity or expression except where there is reason to believe that doing so would pose a danger to the health or safety of the pupil.”

After the three districts amended their policies, NJ Attorney General Matt Platkin sued them, arguing that the districts were putting LGBTQ+ and transgender kids at risk and violating New Jersey’s Law Against Discrimination.

On Feb. 10, the NJ Appellate Court agreed with the Monmouth County Superior Court’s earlier ruling, which found that the three districts could not enforce their amended policies, though the Appellate Court did rule that the districts could consider alternative policies.

Following the Appellate Court's ruling, the Marlboro Board of Education held a special meeting where a motion to abolish Policy 5756 was introduced.

Motion To Abolish Policy 5756
At Tuesday’s special meeting, the Marlboro Board of Education voted unanimously to abolish Policy 5756.

Though the board voted to abolish, Board President Brian Cohen said the school board’s policies require two reads (meetings) to fully abolish the policy, so the board will hold their second read of the motion and vote for a final time at their Feb. 25 meeting.

“I’ve always been a firm believer that people can arrive at a unilateral decision, even if they come at it from different perspectives or different paths,” Cohen said. “And tonight is a great example of exactly how this board has arrived at a unified decision while coming at it from different perspectives.”

Throughout the night, community members and board members alike expressed their support for abolishing Policy 5756.

One resident, Jennifer Woodruff, said she supported abolishing the policy because it allows teachers to “withhold information and mislead parents” on important matters regarding their children.

Woodruff said that keeping parents in the dark about a student’s mental health and behavior is detrimental to the child’s well-being and that when a school doesn’t have open communication, the parents are hindered in providing the guidance and support a child needs.

“I understand the intent of the policy is to protect a student’s privacy," Woodruff said. "But this policy erodes the partnership between schools and families."

Another county resident and former special education teacher, Kim Linley, supported removing the policy and emphasized the importance of open communication and trust between teachers and parents.

“The teacher-parent relationship plays a paramount role in students’ lives,” Linley said. “Communication and trust are key elements between teachers and parents, and students have shown how well they perform when communication lines are open with parents.”

Board members also voiced their support for abolishing the policy.

One member, Valentina Mendez, thanked community members and other board members for their support and said the board has always maintained that involving families in decisions affecting their children is “not a violation of rights but rather a fundamental aspect of ensuring their well-being and support.”

“I am grateful for the unwavering support of our community and all those who stood by us throughout this process,” Mendez said. “And I’m looking forward to the decision to move forward in the best interest of our students and families.”

Policy Concerns
Though many have voiced their support for abolishing Policy 5756, advocates have also raised concerns about the schools' amended policies and the potential impacts that abolishing or amending Policy 5756 could have on kids.

Garden State Equality, an LGBTQ+ advocacy organization, said 40% of homeless youth identify as LGBTQ+, making supportive school environments essential for kids and teens.

In an online statement, the organization said that the court's decision affirms that the amended policies likely violate the NJ Law Against Discrimination and would have caused "irreparable harm" to transgender and gender diverse students by forcing them to come out before they were ready, putting their safety and well-being at risk.

In their statement, Garden State Equality also said that the court's decision acknowledged that the current policies do not prevent parents or guardians from accessing student records.

“All students in our state deserve to feel safe, supported, and respected," ACLU-NJ Legal Director Jeane LoCicero said. "Policies that target gender-nonconforming students violate anti-discrimination laws and the protections of our state constitution."

By ruling that the districts could not enforce their amended policies, Christian Fuscarino, the executive director of Garden State Equality, said the decision has sent a powerful message to transgender and diverse youth that their safety, rights, and ability to be themselves are not up for debate in New Jersey.

“Forcibly outing students to potentially unsupportive homes does not create safer schools; it puts vulnerable young people at risk,” Fuscarino said. “This decision makes clear that every student deserves dignity, privacy, and the right to be themselves without fear.”

To watch a recording of Tuesday night's meeting, you can click here.

Editor’s Note: For general LGBTQ+ resources, you can visit this resource list from GLAAD. For LGBTQ+ crisis/suicide prevention hotlines and warmlines, you can view this list from the Human Rights Campaign Foundation.

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