Two more districts repeal policy protecting transgender students

'The problem with a district that doesn’t comply, is the district gets sued'

Joanna Gagis, Senior Correspondent | December 19, 2023 | Education, Social Issues

Two more school districts have joined the ranks of districts repealing specific policy that grants extra protections for transgender students. The Westwood Regional School District and the Franklin Lakes Elementary School each repealed the policy — technically known as 5756 for the state guidance it comes from — making them a part of a growing number of school districts that are reversing course on LGBTQ rights.

“I don’t know how a rational parent can hear that and think it’s a good idea to keep a parent in the dark about the health and well-being of their child, which the language in this policy allows,” said Michael Piero, a Westwood resident, in defending the decision in his district.

But the latest moves have touched off further debate on an issue that has dominated 2023.

Lauren Albrecht, director of advocacy and organizing at Garden State Equality, said that although so-called parent rights voices are loud, their groups remain in the minority in New Jersey and repealing these policies will leaves educators, school districts and LGBTQ+ students more vulnerable legally.

“The removal of 5756 doesn’t automatically indicate that a school should then implicitly be outing a student,” Albrecht said. “That’s against our law against discrimination, which is really comprehensive in NJ.”

Some advocates also said there could be legal action taken if the attorney general’s office chooses to sue a district because these school boards are only repealing policies that protect transgender students.

“The problem with a district that doesn’t comply is the district gets sued,” said Michael Gottesman, founder of New Jersey Public Education Coalition. “Whether it’s by a private lawsuit by a plaintiff who feels they haven’t been protected, or a lawsuit filed by our Attorney General. . . The basic result is it takes money away from teaching kids.”

Yet one parent rights advocate said she hoped districts and families would start working together to reach the right balance.

“I think it’s a first step to making sure parents are notified about their child’s gender identity and their social and emotional well-being, and kind of restarting the process again that schools are in partnership with parents and educating them for success,” said Shawn Hyland, director of advocacy for New Jersey Family Policy Center.