Will Westwood schools revive transgender student policy? New board takes another look
The Westwood Regional School District board may reinstate a policy that outlines protections for transgender students, but the move is on hold for now to give members more time to consult with the board's attorney.
Policy 5756, though not mandatory, has been adopted by school districts across the state since an anti-discrimination law was passed under then-Gov. Chris Christie in 2017. But the policy has become a target in recent months for critics who say it infringes on parents' rights to know what is going on with their kids.
The policy holds that school district staff must accept a student's stated gender identity and use their preferred pronouns, and that parental notification of those decisions isn't necessary. Supporters say such rules protect LGBTQ+ students who may be at risk of reprisals at home or in the community.
During a meeting in December, last year's school board voted 5-2 to repeal the policy. It was one of the last moves by a "parental rights" majority that lost seats this year as a result of the November school board elections.
On Thursday, with a new board majority in control, the meeting agenda included a proposal to reinstate the transgender policy. However, three parental rights members who remain on the panel — Laura Cooper, Douglas Cusato and Kristen Pedersen — questioned the need for the policy and warned of potential lawsuits. They asked for more time to speak with the board’s legal counsel at a future executive session.
The motion to table passed by a 5-4 vote, with Cooper, Cusato and Pedersen joining Andrea Peck and board President Jay Garcia in moving to table. Loni Azzolina, Nicole Martin, Jorge Pertuz and Heather Perin voted against tabling.
What is Policy 5756?
The policy, which was adopted in Westwood in 2016 and revised in 2019, gives students the final say on their gender identity and 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 or pronoun, the policy held, the district will “consult their board attorney regarding the minor student’s civil rights and protections" under the Law Against Discrimination.
The 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.”
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Even after the repeal in December, it's unclear how much district policy can change. The state's Law Against Discrimination provides protections for transgender students, and the New Jersey Attorney General's Office has said teachers and school districts must follow that statute regardless of what local boards decide.
A threat of lawsuits?
Before Thursday's vote, Cooper — who voted last month to abolish the policy — asked how many requests had been made by community members to put 5756 back on the agenda. She'd heard none herself, she said, though she acknowledged that it was possible community members did not include her in the requests.
Cooper also asked what feedback had been received from parents who oppose the policy. She said she worried about potential lawsuits if the policy is revived.
“I’d love to hear more if anybody reached out to those that knowingly oppose this policy and asked for their opinion [to see] how did that weigh against those who supported the policy,” Cooper said.
Though he voted to table the motion, Garcia said that all but 21 of the state’s 593 school districts follow Policy 5756 or something like it. He'd heard of no lawsuits against those districts, he said.
“I think we’re good company with them,” Garcia said.
Transgender policy debated
Pedersen said the policy was abolished last year because it was not required by the state. The school’s affirmative action plan and state laws already protect transgender individuals.
“I’d like to better understand what value is truly added by putting 5756 and was that value weighed against potential cons,” said Pedersen. “It feels like — and that’s just my personal feeling — that this new board is simply looking to negate and undo much of the work done by last year’s board to promote parental involvement and parental notification.”
Cusato said he believes that anybody who supported Policy 5756 supported “compelled speech,” which he said violates the First Amendment.
“If you look in Florida, Florida doesn’t require that you force children and students to use someone’s preferred pronouns,” Cusato said. “Someone in Florida can speak differently than New Jersey for some reason and clearly removes parents from the discussion.”
Acting Superintendent Frank Connelly said interpretations of state law, policy and procedures on the topic vary.
“It’s my understanding that even in the absence of the policy, we will continue to follow what is in the policy,” Connelly said. “Whether or not we agree with them is everyone’s opinion.”
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: Westwood NJ schools may revive controversial transgender student rules
