Despite defeat at the polls, Westwood school board repeals transgender student policy

An outgoing "parental rights" majority on the Westwood Regional School Board voted Thursday to repeal a policy that outlined protections for transgender students.

Policy 5756, while not mandatory, has been adopted by school districts across the state since an anti-discrimination law was passed under Gov. Chris Christie in 2017. But it's become a target in some communities for critics who say it infringes on parents' rights to know what's going on with their kids.

The Westwood board voted 5-2 to repeal the guidelines at Thursday's meeting, wading into controversy one more time in 2023. The nine-member board could see a major shift next month, after four self-described parental rights defenders, including three incumbents, were defeated in last month's election.

Amara Geipel, who identified as a trans high school senior, said that the community “know you will vote to pass this policy tonight, regardless of how many speak out against it, so we won't.

"We've already spoken at the polls, and the message was loud and clear," Geipel told the board. "The community doesn't want this. You can pass whatever policy you want tonight because we will be back in January to speak to a board that we know will listen."

More: Here's where Westwood school candidates stand in district fired up by gender debate

Trustees Laura Cooper, Stacey Price, Douglas Cusato, Irene Fenarjian and Kristen Pedersen voted to end the policy; Jay Garcia and Andrea Peck opposed the move. Board President Michael Pontillo abstained and James Parrino was not in attendance.

It's unclear what impact the repeal of the transgender policy will have. The state's Law Against Discrimination provides protections for transgender students and the state Attorney General's Office has said teachers and school districts must follow that statute regardless of what boards decide at a local level.

When Garcia asked what removing the policy would specifically change, and how teachers should react, Cooper, who sits on the board's policy committee, said it would be up to Superintendent Jill Mortimer to implement it in the district. Mortimer was absent from the meeting.

What Policy 5756 required

The policy, which was adopted in Westwood in 2016 and revised in 2019, says district staff shall accept a student’s asserted gender identity and preferred pronouns. There is “no affirmative duty for any school district personnel to notify a student’s parent or guardian of the student’s gender identity or expression,” according to the policy, which mirrors guidelines issued by the state Education Department.

In situations where a parent or guardian disagrees with the student regarding a name and pronoun used at school, the school district will “consult their board attorney regarding the minor student’s civil rights and protections" under the Law Against Discrimination.

Policy 5756's stated goal was to “ensure that its schools provide a safe and supportive learning environment that is free from discrimination and harassment for transgender students, including students going through a gender transition.”

The board decision was made during an otherwise celebratory end of the year school board meeting that honored the district’s football team, girls soccer team and various teachers and students for academic achievements.

What defenders, supporters of policy said

The session was not as jam-packed as other board meetings have been in recent months, with a handful of people speaking against the abolishment of the policy and a few who spoke for its removal. Those on the side of repeal, both in the public and on the board, argued for the rights of parents; those opposing the move said it posed risks for transgender students who may not have a safe home environment.

Paul Martin of Westwood supported the majority's decision. Martin said he was concerned about “the safety and well-being of our students struggling with their identities," noting they were "often stuck in a tragic cycle of self-harm and perpetual victimhood." But, he added, “Contrary to popular belief, eliminating this policy won’t expose those students to harm, in reality.”

Fenarjian, who voted with the majority, said her concern was that the policy directed staff to "withhold information" and that there was "presumptive guilt" of a safety concern for students in the home. The district, she said, has "other systems in place for safety."

Peck responded that there was no "presumption of guilt" of parents if the district takes a “precautionary step” to speak with students first to ask how they'd like to proceed with a conversation about their gender identity.

"[We need] to give the child the respect to be able to say 'I don't feel safe, I don't feel comfortable with my parents knowing right now,'" said Peck. A student, she added, may say "Maybe they won't abuse me, but maybe they might disown me, maybe they might ridicule me, maybe they might mock me."

A year of heated debates

Thursday's vote culminated almost a year of heated meetings in which hundreds have shown up to debate the board's decisions and statements concerning sex education, parental notifications and LGBTQ+ Pride signs.

During the November election, voters rejected three parental rights incumbents and a parental rights newcomer, ushering in new candidates who promised to promote "equitable public education for all students” going forward.

The district serves about 2,800 students from Washington Township and Westwood

Stephanie Noda is a local reporter for NorthJersey.com. For unlimited access to the most important news from your local community, please subscribe or activate your digital account today.

Email: noda@northjersey.com

Twitter: @snoda11

This article originally appeared on NorthJersey.com: Parental rights board in Westwood repeals transgender student policy