Gender Issues Part Of Clarkstown School Board Election, Budget Vote

CLARKSTOWN, NY — Candidates running for the Board of Education in Clarkstown are running in two teams, and the district's Equal Opportunity and Nondiscrimination Policy has been one of the key issues in the campaign.

The school board held a special meeting Thursday to dig into the formal legal opinion sent them by counsel for the New York Department of Education. "The right to access school facilities exists irrespective of local policy," New York State Department of Education counsel Daniel Morton-Bentley wrote in a Formal Opinion of Counsel on the matter May 14. "Irrespective" means "without regard for." You can read the letter here.

At the meeting, Jay Worona, general counsel for the New York State School Boards Association, discussed the law and answered questions sent in by members of the community.

In answer to one question about white students who are U.S. citizens versus illegal immigrant, minority, trans- or other-gendered students, he said whether the board repealed or kept its policy, state and federal law was clear on all those legal issues and on the fact that "facilities" includes bathrooms and locker rooms.

In answer to another question about whether someone could sue over the issue, Worona pointed out that we live in a litigious society, specially in New York, so anyone could sue over almost anything. However, lawyers know the body of law supporting these rights is extensive, he said.

Fielding a question from a community member about girls worried about safety, he acknowledged their concern but said discomfort does not trump civil rights. Superintendent Marc Baiocco said any family with safety concerns should work with district officials, who work with the Clarkstown police.

Baiocco also said that a student does not just declare themselves LGBTQ. A child study team is involved, and any decisions are determined "on a case-by-case basis."

A recording of the meeting is available online.

Trustee Tammy Bierker, who voted against the policy in December, is running on a slate with Jason Bass and Yelena Glukhova on a "parental rights" platform. When he ran unsuccessfully for the school board in 2022, Bass expressed concern about diversity, equity and inclusion programs and keeping "political indoctrination" out of schools.

The other slate of candidates are incumbent trustees Christine Alia and Irene Tagaris plus Donna Gropper. The two incumbents voted for the policy.

The polls are open from 7 a.m.-9 p.m. Polling Locations:

• District 1: Street School, 31 Zukor Road, New City
• District 2: Congers Community Center (Upper Level), 8 Gilchrest Road, Congers
• District 3: Chestnut Grove Administration Center, 62 Old Middletown Road, New City
• District 4: St. Francis of Assisi Parish Hall, 128 Parrott Road, West Nyack

SEE: Clarkstown To Vote On Budget, Projects, School District Trustees