Citing legal threat, Colts Neck postpones vote on controversial gender notification policy

COLTS NECK – Facing a likely state lawsuit, the Board of Education on Wednesday put off voting on a new policy requiring parental notification of most students who alter their gender identity.

The board voted, 6-3, to table the policy on second reading after a lengthy debate that drew both opponents and supporters and has already sparked state legal action in three other nearby districts. Board members John Camera, Brenna Dillon and Jessica Ramirez voted against the delay.

“My opinion is not to put the board in a position where we are subject to litigation,” Board President Heather Tormey said after the meeting. “That is not something that is fiscally responsible for a policy that can wait.”

Tormey was referring to the string of lawsuits filed last week by state Attorney General Matthew Platkin against Marlboro, Middletown and Manalapan-Englishtown schools for enacting similar policies, all of which remain in effect.

More: State sues three Monmouth County school districts over gender notification policies

Several hundred residents and others attended the Colts Neck meeting, which included about a dozen police officers stationed both inside and outside of the Conover Road Primary School, where the meeting occurred.

Six people had to be removed for disrupting the proceedings, but no arrests were reported.

Supporters of the policies, which have been instituted at other districts statewide, contend they have a right to know what their children are doing with regard to gender and names. But opponents say the notifications can put students at risk if parents oppose them, while others claim the policies represent a violation of students’ civil rights.

In addition to those in attendance, the district received more than 100 emails, calls and letters offering opinions both in favor of and opposed to the new policy.

“This is a high-risk population for suicide…this puts teachers in a terrible position,” said Terry Duhard, a resident. “They do not have training or time to deal with this family trauma.”

Ann Sherwood, another resident, agreed.

“I have no support for the changes and I’d like to emphasize there is nothing in the current policy the bars teachers from speaking to parents about this issue,” she said. “This does not solve any problem, there has never been a problem with the current policy.”

But others, such as resident Tom Reed, supported the new policy.

“I believe the rights of the parents and the health and well-being of their children supersede any ideologies,” he said.

Roseann Scotti, a former Colts Neck mayor and school board member, echoed that view.

“I’m pretty appalled that parental rights, parental involvement is even being questioned,” she told the board. “For something as important as a student’s emotional growth.

More: After lawsuit over gender notification, Manalapan-Englishtown seeks negotiations with AG

Colts Neck would have been the fourth Monmouth County school district to implement such a policy in the past week. Marlboro, Middletown and Manalapan-Englishtown schools each approved such rules on June 21.

One day after the approvals, each of those districts were sued by the state Attorney General, who claimed the policies amounted to a violation of rights

“The policies enacted by these three Boards of Education require school staff in these school systems to notify parents of the gender identity or expression of transgender, gender non-conforming, and gender non-binary students,” a statement from Attorney General Matthew Platkin’s office said last week. “Attorney General Platkin and DCR have also filed emergency motions in Superior Court, requesting preliminary injunctions and temporary restraints to prevent all three of the policies from going into effect while DCR’s challenges to the policies remain pending.”

Days after being sued, the Manalapan-Englishtown School District on Monday sought to negotiate with state officials on a revised policy to avoid legal repercussions.

“Rather than expend taxpayer money litigating, we are coordinating with our Senate and Assembly representatives to try to schedule a meeting with the Attorney General,” the Manalapan-Englishtown board said in a statement issued by Board President Brian Graime. “Our hope is to consider each revision jointly and craft a mutually acceptable version consistent with New Jersey law that could serve as a template across the state.”

Platkin’s office had no immediate reaction to the Colts Neck tabling.

Colts Neck had proposed a similar policy change in February, along with a restriction on bathroom use by students that would limit them to the restroom of their biological gender. But those were rejected.

The newest version tabled Wednesday stated that “when a student discloses to a staff member that either they would like to be addressed by a name other than their legal name, or they identify with a gender not corresponding to their biological sex, or they would like to be addressed by a pronoun not corresponding to their biological sex,” staff will inform the parent of the student’s request.

But it also states that if the child is concerned about parental retaliation or other negative reactions, the school will “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.”

All four school districts included provisions that say students will be advised beforehand and if they fear parental retaliation, exceptions may be granted.

Joe Strupp is an award-winning journalist with 30 years’ experience who covers education and several local communities for APP.com and the Asbury Park Press. He is also the author of three books, including Killing Journalism on the state of the news media, and an adjunct media professor at Rutgers University and Fairleigh Dickinson University. Reach him at jstrupp@gannettnj.com and at 732-413-3840. Follow him on Twitter at @joestrupp

This article originally appeared on Asbury Park Press: Colts Neck BOE postpones vote on gender transitioning policy