BARNEGAT – The local school board voted 5-3 to abolish its transgender student policy on June 11. The decision aligns with a trend seen in about 20 other New Jersey districts that have also repealed similar policies recently.
The vote’s timing, coinciding with Pride Month, has sparked a debate within the community. Some board members advocated for further discussions and postponing the vote until July.
Doreen Continanza, who serves as the Board’s Vice President and Chair of the Governance Committee, said the policies were poorly written from the state and that the district didn’t have the liberty to make changes to the verbiage.
During the first reading of the motion to abolish the policy in May, board member Sandra Churney detailed her reasons for opposing Policy 5756. Churney has consistently spoken out against the policy, saying it interferes with parental rights.
Key provisions of the policy include allowing students to choose their preferred name and pronouns while keeping their birth name confidential and requiring staff to respect these preferences. School officials are also advised to work with the student to create an appropriate confidentiality plan regarding the student’s transgender or transitioning status.
“Confidentiality plans are where the staff doesn’t tell you what’s going on with your children,” Churney shared. “That might be poorly written for you (parents) – parents need to pay attention to that.”
The Transgender Student Guidance for School Districts issued by the state in 2018 stated 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.”
In an article published by the New Jersey State School Board Association, attorney David B. Rubin wrote that the “guidance did not advocate keeping students’ sexuality secret from their parents. To the contrary, it encouraged parental involvement, but for the most part left it to the student to decide if, when and how that should be accomplished.”
Churney said that she would sue the school district if anyone was to institute a confidentiality plan for her child. She went on to say that many parents and school boards across the state shared her concerns about the policy’s wording. In her view, abolishing the policy would send Trenton a clear message: Barnegat and other districts’ rejection of the policy could force the state to rewrite it, rather than simply accepting the current version.
Policy 5756 as adopted by most school boards throughout the state stressed the importance of maintaining a safe, supportive and inclusive environment for all students.
“School is supposed to be a safe space for our children,” said board member George Fedorczyk. “It has always been a space for not just our children – but all children.”
Fedorczyk submitted the policy hadn’t received in-depth discussion, but rather evolved into arguments about personal opinions. He conceded personal reservations about the policy’s wording, expressing a preference for collaborative efforts with the board and administrators.
“I think abolishing it puts not only us, but our students at risk,” Fedorczyk added. “And I’m not willing to take that liability.”
The State of New Jersey has filed lawsuits against four school districts that have modified the language of their transgender policies. Board member Bonnie Levy questioned why the district could not hold off on abolishing the policy until the outcome of those lawsuits.
“We are just abolishing, and we can abolish any policy we want,” said Board President Scott Sarno. “We don’t have to have policies as a board.”
Sarno said that the four districts involved in litigation with the state all modified their policies. The change in their verbiage conflicted with the New Jersey Law Against Discrimination. Sarno added that the district will continue to abide by the requirements of state laws regardless of the abolishment of the policy.
“Our goal as school administrators and staff is to make sure all kids feel safe,” confirmed Dr. Brian Latwis, Superintendent of Schools. “And we will be following all applicable state laws. “
Sarno, Continanza, Churney, Carol Geene, and Lauren Washburn voted to abolish the policy. Fedorczyk, Bruno Iamonte, and Bonnie Levy cast dissenting votes. Regina Tarnowski was not present at the meeting.
The Public Speaks
Despite student presentations and awards drawing a larger audience in May, there were no comments from parents at either the May meeting or the final vote in June regarding the transgender policy abolishment. Two students and other individuals voiced their opinions before the board made its decision at the June meeting.
Jane Haviland served as the student representative to the school board and is headed to Cornell University as a political science major. She offered her perspective of the board’s actions regarding policy discussions.
“After many months of observation, I feel that I have enough experience to have a voice and be the voice of the student body,” Jane shared.” As our voice, I can acknowledge that the board wants to keep in mind the best interests of the students. But the reality is that the board does not reflect this human body accurately nor does this district seem to be progressing with education as rapidly as society is.”
Haviland acknowledged the inherent challenges and expressed her appreciation for the board’s awareness in trying to make positive and progressive changes. However, she said that efforts simply weren’t enough.
“It is my hope that in the future differences and change can be seen as positive things,” continued Jane. “It is extremely important to stress inclusivity. We are calling ourselves One Barnegat and it is time that we do become One.”
Daniel Hoffman will take on Jane’s role as the board’s student representative when he returns to Barnegat High School as a senior in September. He has attended a number of school board meetings since his freshman year. Hoffman is also the youth director of the newly formed Barnegat Pride organization.
Expressing his disappointment, Hoffman began by criticizing the actions of several members of the board. He argued that their decision to abolish the transgender policy was discriminatory towards a significant portion of the student body and fueled by personal vendettas against minority groups. He concluded by calling the abolishment of Policy 5756 “unthinkable” and predicted “astronomical devastation” for both students and staff.
“With such actions, it is you who creates a dangerous and egregiously toxic environment of a place where many students feel is an escape from an already troubled home life,” said Hoffman. “Student/staff confidentiality is enshrined into every inch of education code and law in this state.”
Newly retired educator school counselor Michele Cucinotta agreed that students need a safe place to figure things out. She added that she was not saying that parents did not have a right to know what was going on with their children.
“If the children can speak to someone in a safe place,” said Cucinotta. “that person can try to help navigate how that child or that teenager can go about talking to their parents and coming out and being their true self.”
While other individuals from the local community spoke out in opposition to abolishing the transgender policy, one Barnegat resident shared other reasons he found it inappropriate.
“My understanding of this policy is that it talks about giving transgender students the same opportunities to participate in physical education in accordance with their gender identity,” said Kurt Kalenak. “It’s been shown by basic biology that men are generally stronger than women, and it puts the women at a disadvantage and increases risk of injury.”
Kalenak also maintained that the brain is not fully developed until the mid-20s and that the last stages of development impact decision making and logic. He also stressed that parents are the first and primary educators of their children – not the schools or government.
Notice of the board’s intentions to abolish its transgender policy attracted attention outside Barnegat. Among them was Shawn Hyland, Director of Advocacy for the New Jersey Family Policy Center.
“I work very closely with the state legislature and school boards across the state,” said Hyland. “And, with parental right groups, and with many families, with some right here in Barnegat.”
Hyland said that the families he works with were very pleased that the school board had decided to rescind Policy 5756. He also cited a relevant poll conducted by the Monmouth University Polling Institute in August 2023, which showed that 76% of New Jersey residents believe parents should be informed about their child’s gender identity.
Keeping Children Safe
Lauren Albrecht, Director of Advocacy and Organizing for Garden State Equality, spoke about the need for teachers to have guidance when a student comes out at school. She explained the goal of the policy was not to keep things from parents – but to ensure children felt safe.
“Garden State Equality believes that every parent should know exactly what’s going on in their kids’ lives,” said Albrecht. “And that’s why it’s important for you (parents) to create a safe and affirming environment at home – so your child feels comfortable coming out to you.”
The ACLU and Garden State Equality sent a letter to the district and board after the revocation of Policy 5756. The correspondence dated June 13 encourages the board to consider readoption of the policy, saying that district is risking the well-being of its students.
Citing the CDC, the letter states that “LGBTQ+ youth are far more likely to be bullied and harassed at school, to be alienated from their families and communities, and to suffer from depression and suicidal ideation than their non-LGBTQ+ peers. Newly released CDC data found that teens who identify as lesbian, gay, bisexual, or questioning experience ‘extreme distress’ and more than 52% have self-reported as “recently experienc[ing] poor mental health.”
