Chatham Father Challenges Trans Student Bathroom Policy At BOE Meeting

CHATHAM, NJ — A parent of two Milton Avenue School students urged the Chatham Board of Education Monday night to revisit the district's policies on transgender students' access to facilities and sports teams.

James Vukanovich called on the board to restore sex-segregated facilities based on biological sex and align sports eligibility policies accordingly, citing state File Code 5145.7, which governs restroom and locker room access for transgender and gender-expansive students.

“Restore sex-segregated facilities based on biological sex,” Vukanovich told the board. “Align our sports policies with biological reality to protect female athletes… Our students deserve privacy, our athletes deserve fairness, and our parents deserve the truth.”

The policy Vukanovich was specifically citing was File Code 5145.7, which provides “transitioning, transgender, gender non-conforming and/or gender-expansive students” with access to restrooms and locker rooms. The policy also requires staff to consider the student’s age and circumstances.

Additionally, File Code 5145.7 requires that staff provide a “reasonable alternative arrangement” to any student, LGBTQ+ or otherwise, who expresses a desire for increased privacy. These alternative arrangements can include private bathrooms or dressing rooms.

Vukanovich cited Mirabelli v. Bonta when discussing parental rights and the federal courts’ decision to repeal the Biden Administration’s Title IX rule to enforce discrimination based on gender identity and not biological sex.

Chatham Superintendent Emily Sortino responded, saying she was “confused” with Vukanovich’s concerns

“Within the policy, it very clearly speaks to the fact that the school district must provide reasonable alternative arrangements for any student. We have single stalls throughout the district,” Sortino said.

“No one is using a restroom, or a locker room, etcetera, that is not (for) their assigned sex at birth… There also are families and children that we are tasked to protect to make sure that they feel safe and supported within the school district, and that’s a job that I take very seriously for all students.”

According to TAPinto Chatham, a student who identified themselves as trans confronted Vukanovich over his bathroom views following the meeting. Sortino broke up the discussion, according to the report.

TAPinto added that Sortino called 911 on Vukanovich “out of fear” from a previous phone call between the parent and superintendent. Apparently, Sortino had tried to enter Milton Avenue School to pass out pamphlets regarding trans policies in the school, but was told by Chatham Police that he was not allowed to enter.

He was told to bring his concerns to the Chatham Board of Education, hence his appearance on Monday night, according to TAPinto.

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