Middletown Democrats Slam Vote By BOE To Remove Policy 5756

MIDDLETOWN, NJ — Middletown school board vice president Jacqueline Tobacco said the Board will vote in a special meeting Thursday night to remove two policies:

• The state's Policy 5756, "Transgender Student Guidance for School Districts." This policy written by the state seeks to guarantee transgender students as much privacy as possible, including not requiring parents be notified if a student uses a different name in school or uses a different bathroom than the one assigned to their gender.
• The Board will also remove a separate policy Tobacco, Board lawyer Bruce Padula and others wrote in response to that, which says Middletown school officials must notify parents if a student uses a different name in school, a different pronoun or a different bathroom. (This is the policy the NJ Attorney General sued Middletown for in 2023.)

On Thursday night, the Board will likely remove both policies from the books.

But the Middletown Democratic Party said they strongly disagree if the Board removes the state's policy, which they say protects transgender and LGBTQ+ students.

"The Middletown Democrats are disappointed, but not surprised, by the Middletown Township Board of Education’s attempt to repeal Policy 5756, a policy designed to protect transgender youth in our schools," said the Middletown Democratic Committee in a statement released Tuesday. "This reckless move does nothing but create confusion, fear and unnecessary division."

Ever since the Attorney General said in 2023 that Policy 5756 was optional, dozens of other school districts across the state have stopped following it.

There has been some backlash: The Edison school board tried to repeal 5756 in 2024, and then decided to keep the policy in place after outcry from the community.

The NJ Court of Appeals just ruled Monday that Middletown does not have to follow 5756. But the court also ruled Middletown cannot implement its own transgender student policy, which four judges have now ruled not only puts LGBTQ+ kids at risk, but is also possibly illegal.

Here is Tuesday's full statement from the Middletown Democratic Party:

The Middletown Democrats are disappointed, but not surprised, by the Middletown Township Board of Education’s attempt to repeal Policy 5756, a policy designed to protect transgender youth in our schools.

By choosing to repeal this policy, the Board has sent a clear and troubling message: transgender students are not welcome or protected in our schools. However, repealing Policy 5756 does not change the fact that the New Jersey Law Against Discrimination (NJ LAD) still protects all students from discrimination based on gender identity and expression. This reckless move does nothing but create confusion, fear, and unnecessary division.

Beyond the harm to students, this action wastes taxpayer dollars on a partisan agenda instead of addressing the real needs of our struggling school district. The true cost is borne by the vulnerable students and families impacted by the Board’s thoughtless decision.

We stand with all Middletown families against this blatant misuse of power and resources. By calling a special meeting solely to target transgender youth, this Board has made it clear that they are more focused on culture wars than on providing quality education for all students.

The Middletown Democrats urge the community to stand together in opposition to this harmful decision and to demand that the Board of Education prioritize the well-being and education of all students over divisive political posturing.

The statement was signed by the following:

Middletown Democratic Organization
Michael Morris, Chairman
Marguerite Stocker, Vice-Chair
Nick DiFranco, Treasurer
Rocky Rios, Recording Secretary
John Patrouch, Corresponding Secretary

Pat Reilly, Sergeant-At-Arms