TOMS RIVER – The Toms River Board of Education dropped their transgender students policy. While the board president said that the policy was redundant, advocates say that it opens the district to lawsuits and potential harm for students.
The policy, 5756, is 2,800 words long. It opens with mentioning that the “New Jersey Law Against Discrimination (LAD) generally makes it unlawful for schools to subject individuals to differential treatment based on gender identity or expression.”
It goes on to talk about Title IX which prohibits discrimination on the basis of sex in federally-funded education programs and activities.
Essentially, the school shall accept a student’s gender identity, and “school districts should be mindful of disputes between minor students and parents concerning the student’s gender identity or expression.” In some cases, the district might have to seek legal assistance regarding the students’ civil rights and protections under LAD.
One point that a lot of political pundits make is that the policy prevents schools from outing children. “School staff members may not disclose information that may reveal a student’s transgender status except as allowed by law. The principal or designee is advised to work with the student to create an appropriate confidentiality plan regarding the student’s transgender or transitioning status.”
The student’s status might be disclosed if the child’s health and safety are at risk, because of something like a bias-related crime. The policy explains the right way to disclose the child’s transgender status in order to minimize harassment and to help the family accept it.
“With respect to gender-segregated classes or athletic activities, including intramural and interscholastic athletics, all students must be allowed to participate in a manner consistent with their gender identity.” This includes restrooms and locker rooms. The policy also recommends the nurse’s restroom for changing and bathroom use.
Board President Ashley Lamb told The Toms River Times that this was part of a “wellness check on all adopted policies by way of the New Jersey School Boards Association. This request was decided on and supported by the full board. The request was made as a result of Strauss Esmay labeling policies as “M” (Mandatory) when in fact they were not mandated by NJ State statute.”
Strauss Esmay Associates of Toms River provides policy and regulation consultation to school districts throughout the state.
“As we patiently await the results of that request and move forward with adopting, updating, or rescinding policies, as a board we will review any and all policies objectively and determine to the best of our ability, and with guidance from our board attorney, whether or not they are relevant and add value to our district,” she said.
“The New Jersey Law Against Discrimination (“NJLAD”), N.J.S.A. 10:5-12(11)(f), generally makes it unlawful for schools to subject individuals to differential treatment based on race, creed, color, national origin, ancestry, marital status, domestic partnership or civil union status, sex, affectional or sexual orientation, gender identity or expression, disability or nationality,” she explained.
“New Jersey State Law trumps any policy a district may or may not adopt. Since the New Jersey Law Against Discrimination covers all of the same protections listed in policy 5756, and is arguably held as a higher standard being state law, the policy was deemed unnecessary and cumbersome,” she said. “Toms River Regional School District adheres to all NJ State Laws, and we feel that all of our students are equally and adequately protected by the NJ Law Against Discrimination.”
Lauren Albrecht, Director of Advocacy and Organizing for Garden State Equality, a LGBTQ+ advocacy organization, said that technically it is correct that they are still not allowed to out any student against their will, per New Jersey’s Law Against Discrimination (LAD). However, there are further ramifications.
“Removing policy 5756 only ensures that school staff does not have guidelines to follow in dealing with extremely nuanced situations,” Albrecht said. “Removal of 5756 still does not mandate that a parent is notified, but it does leave the individual school personnel in a position of operating in a way that will, either intentionally or unintentionally, violate LAD if they interpret the removal to mean that they are free to discuss a students’ gender identity against their will.”
“This policy, borne of a bill signed by Governor (Chris) Christie in 2017, exists to safeguard students from being outed into unsafe home situations,” she explained.
There is a growing movement of “parents’ rights” advocates who say that it’s a parent’s right to know what is going on with their children and that the school district shouldn’t interfere.
“To paint the policy as an opposition to parents’ rights is a disingenuous and intentional misinterpretation,” Albrecht said. “Why drop it if you still can’t out students, and the policy helps teachers and in turn, the student? It’s playing politics with a very small, very vulnerable population of kids who run the risk of becoming homeless if their parents don’t accept them coming out.”
The policy isn’t there to keep things from the parents. It’s there to keep parents and kids together, she said. There are many kids who might get kicked out or run away if they are outed to parents who don’t approve of their gender identity.
Teachers spend a lot of time with students, she said. If a student comes out to a teacher, they might say something like “I could never tell my mom this because she’ll throw me out,” she said.
A teacher is never going to out a kid, at least not on purpose, she said. However, this might happen unintentionally. If a staff member outs a kid, and something bad happens because of it, the district should expect a lawsuit.
“If it’s a redundant policy, why not leave it? If it could help one kid, why remove it?” she said. “The people who are fighting this policy will never be affected by it.”
The Trevor Project is a nonprofit with the goal of ending suicide among LGBTQ+ youth. Its website has a feature that allows kids to hide that they are looking at it in case a parent comes into the room.
The Trevor Project’s 2024 survey of LGBTQ+ youth showed that those who lived in communities that don’t accept them are more than twice as likely to attempt suicide compared to if they live in a community where they feel welcome.
If the youth taking a survey did not get the mental health care that they needed, they were asked why. There were 37% who did not seek mental health care because they would have to tell their parents. There were 24% that were afraid of being outed.
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