Transgender Student Policy To Be Voted On By Colts Neck BOE

COLTS NECK, NJ — The Colts Neck Board of Education will vote on an amended policy Wednesday night that calls for parental notification in certain instances with students who identify as transgender.

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

The meeting June 28 will be at 7 p.m. in the Cafetorium at Conover Road Primary School, 56 Conover Road, 07722.

And the policy vote follows enactments of similar policies last week in nearby districts, including the Marlboro, Manalapan-Englishtown and Middletown school districts. Those policies are being challenged by the state Attorney General.

Policy 5756 in Colts Neck 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.

Parental notification

The "Parental/Guardian Notification" section of the policy states:

"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.

"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."

Other districts face controversy, state lawsuit

Board President Heather Tormey could not comment on whether the policy is expected to be approved, saying that the policy requires a majority vote to pass, which takes place at the meeting. Adoption of the policy will not, therefore, be determined until a roll call vote is taken, she said. She said the first reading of Policy 5756 took place at the May 24 meeting.

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.)

The meetings have attracted dozens of parents and other attendees speaking out for or against the policies.

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.

Tormey said she could not comment on the Attorney General's lawsuit at the moment.

Tormey also noted that, while the district does not have a specific parental notification policy that stands alone, it does have Policy 9200, Cooperation Between Parents and School, "which states in part 'The Board of Education believes that the education of children is a joint responsibility that the Board shares with the parent(s) or legal guardian(s) of pupils. To ensure that the best interests of the child are served in this process, a strong program of communication between home and school must be maintained,' " Tormey said.

Use of facilities

Regarding Policy 5756, it was crafted after much discussion and research and has many elements, including the use of facilities.

The proposed version states: "All students are entitled to have access to restrooms, locker rooms, and changing facilities in accordance with their gender identity to allow for involvement in various school programs and activities.

"In all cases, the principal or designee must work with the student and school staff members so all parties are aware of facility policies and understand the student may access the restroom, locker room, and changing facility that corresponds to the student’s gender identity.

"While some transgender students will want this arrangement, others may be uncomfortable with it. Transgender students who are uncomfortable using a sex-segregated restroom should be provided with a safe and adequate alternative, such as a single “unisex” restroom or the nurse’s restroom.

"Similarly, some transgender students may be uncomfortable using the changing facilities that correspond to the student’s gender identity. Non-transgender students should also be afforded the option to use a private facility, such as a unisex facility or the nurse’s restroom, should they feel uncomfortable.

"The school district shall allow a transgender student to use a restroom or locker room based on the student’s gender identity.

"Reasonable alternative arrangements shall be made if needed to ensure a student’s safety and comfort. This direction for accommodations should come from the student." the policy states.

This language substitutes language the board rejected at a Feb. 23 meeting in a 7-2 vote that called for all students to have "access to restrooms, locker rooms, and changing facilities in accordance with their biological gender only identity so as to prevent the exposure of genitalia of the opposite sex." You can read the rejected policy here.

"There were a number of concerns with the language suggested in the changes that the majority of the board was not comfortable with and therefore it went back to the Policy Committee for further discussion," Tormey said regarding the Feb. 23 vote.

In terms of procedure, she said policy changes are given to the Policy Committee Chairperson and added to the agenda for discussion and research, she said.

If the majority of the committee is in agreement with proposed changes, they will make a recommendation for it to be added to the school board's agenda, where it will be presented for a first read.

All policy changes require a majority approval for both first and second reading, she noted.