Petition to Protect Students

In July 2017, a NJ state law that provided guidelines to protect transgender youth was passed. In May 2019, Middletown established a policy in compliance with this law. Recently, however, controversial policy changes are being proposed by the Middletown BOE, as the recent politicization of school boards has put prior policies under a microscope and altered the work of school boards across the country.

In May 2023, following in the footsteps of Hanover Township, which is currently being sued by the state for Policy 8463, Middletown discussed altering Policy 5756, which addresses guidelines supporting transgender youth. And while Hanover Township’s proposed policy is a single page in length and more general in nature, Middletown’s proposed policy revisions are several pages long and more specific. All changes will be voted on at the June 20th BOE meeting.

Much of Middletown’s proposed policy consists of strike-outs of the current policy, signaling the deletion of language intended to support students. For example, the following passage is slated to be removed, “A safe and supportive environment within a school begins with understanding and respect” (page 4). The erasure continues with the definitions of “gender identity,” “gender expression,” “assigned sex at birth,” “gender assigned at birth,” “sexual orientation,” “transgender,” “transition,” “LGBTQ,” “gender nonconforming,” etc. (pages 4-5), all of which seem to contradict the NJ guidelines that specify a need for “definitions of terms relevant to an understanding of transgender issues, including gender identity, gender expression, and transgender person” (2017).

Additionally, MTPS’s proposed policy change undermines student confidentiality. Again, this change may run afoul of NJ law, which specifies that schools must have guidelines for “confidentiality and privacy concerns, including ensuring that school personnel do not disclose information that may reveal a student’s transgender status except as allowed by law” (2017). Yet, MTPS’s proposed policy makes confidentiality the exception, not the rule. For example, if the new policy is approved, students who wish to transition at MTPS will now need to demonstrate how “outing” them to their parents would be harmful, as specified by this passage: “In the event a student requests a public social transition accommodation, such as public name/identity/pronoun change, bathroom/locker room accommodation, or club/sports accommodations, or the like, the school district shall notify a student’s parents or guardian of the student’s asserted gender identity and/or name change, or other requested accommodation, provided there is no documented evidence that doing so would subject the student to physical or emotional harm or abuse” (page 5). Thus, the burden of proof in demonstrating the need for confidentiality falls on students, some of whom may face emotional challenges during this time.

Additionally, the proposed change to MTPS’s Policy 5756 will take away the right of trans youth to seek confidential mental health support at school, as evidenced by this passage: “[t]he full, complete, and accurate reason for counseling and/or referrals for mental health crisis and/or concerns shall be provided to parents/guardians in relation to parental notification/consent for such services” (page 7).

Some opponents of MTPS’s proposed changes believe that this policy, if approved, will result in a costly legal battle funded by taxpayers. Additionally, many argue that the proposed revisions will have a negative impact on MTPS students, as research demonstrates that students who are transgender experience difficulties at home. According to the “LGBTQ Youth Report” by the Human Rights Campaign, “[m]any LGBTQ youth report coming out, being outed or being found out by their family as extremely stressful” (2018). Additionally, “48% of LGBTQ youth out to their parents say that their families make them feel bad for being LGBTQ” (5). The number for trans students that experience these feelings is likely higher. According to Pew Research, “[r]oughly eight-in-ten U.S. adults say there is at least some discrimination against transgender people in our society” (June 2022).

The BOE’s proposed policy is so concerning to Middletown residents and students that a Petition to Protect Trans Kids from the Middletown BOE was recently started by Francesca Shaloum, a junior at North. The petition has close to 2000 signatures, and those who sign it can read Shaloum’s explanation: “The Middletown Board of Ed is petitioning that if ANY student comes out to a teacher, or asks to be called a different name by any school staff, they must be reported to the parents. This does NOT just affect trans kids, it affects the autonomy of students, and the relationship they have with school staff. IT BREAKS TRUST. This is an anti-trans policy that harms students” (May 2022).

Shaloum’s position is supported by academic research. In “Suicidality Among Transgender Youth: Elucidating the Role of Interpersonal Risk Factors” Craig et al. assert that “data indicate that 82% of transgender individuals have considered killing themselves and 40% have attempted suicide, with suicidality highest among transgender youth” (Journal of Interpersonal Violence). Additionally, the American Academy of Pediatrics (AAP), laments that “[d]espite some advances in public awareness and legal protections, youth who identify as LGBTQ continue to face disparities that stem from multiple sources . . . including mental health care. Such challenges are often more intense for youth who do not conform to social expectations and norms regarding gender . . . Youth who identify as TGD often confront stigma and discrimination, which contribute to feelings of rejection and isolation that can adversely affect physical and emotional well-being” (2018).

Supporters of Shaloum’s petition are clearly worried that Middletown’s proposed policy will have a deeply negative impact on transgender students, as it contradicts the guidance of the American Academy of Pediatrics, which is the largest professional organization of pediatricians in the country. As such, opponents of the proposed policy changes have offered the following comments after signing the Petition to Protect Trans Kids from the Middletown BOE:

• “As a mental health professional, I can not express how damaging a policy of this nature can be for all parties involved. As a parent to receive a communication from a teacher that they have had limited interaction with since a brief hello at a Back to School night to share such private, life-altering information is traumatic for both the parent and the teacher. I have worked with kids through their coming out process. It is a process. It is not easy, it is delicate and for some it could be dangerous. On the surface, this is the pushing of an agenda, for 15 minutes of tv news time. In reality, this is negligence pure and simple. These members know the damage a policy like this can cause and are pushing it forward anyhow.”
• “As a transmasc, queer, Indian alumni from Middletown High School South- the lack of inclusion within BOE policies and throughout the district as a whole had an overall impact on my wellbeing and transition. I experienced suicidal thoughts and attempts, transphobia, racism, homophobia, and even had to sign a contact when taking a girl to prom saying I don’t show physical affection. We MUST protect our youth. Ignoring the facts, the stats, and the lives of our youth will have devastating outcomes. I will be at any BOE meetings to advocate.”
• “Not only does this not protect queer children and does the opposite, it is also discrimination under our civil rights laws. The school is treating queer students as “less than” their cisgender peers. A lawsuit against the school district with this will cost us money and reputation. This policy has been in place for 5 years and was created by counselors, teachers, and psychologists. None of those people nor any queer organizations were consulted on the change to the policy they helped craft.”
• “It’s discrimination. Plain and simple, it’s not right to revoke the rights of trans students in this district.”
• “As a trans person, if I never had the trust and confidentiality of my friends and teachers in school (of which I was lacking in my home life), my transition would have gone much worse and would have been a regrettable time of my life instead of a joyous one. Students need a safe space at school because many of them do not have one at home, and taking that away WILL result in bad things. You will be taking away some childrens' only support system. Then you'll have the audacity to be surprised when our kids resort to suicide. Do you not see the state of the world right now? PROTECT TRANS YOUTH. This is bigger than your selfish desires and need to control lives that aren't yours. To everyone who votes for policies like these: death is on your hands. We're tired of seeing our siblings get silenced. This will not continue for much longer, mark my words.”
• “The Middletown BOE has its priorities all out of order. If the BOE actually cared about the students of the district, they’d realize that a policy such as this is counterproductive to children’s wellbeing and will not end well for anyone involved.”
• “As a graduate of this district, it pains me to see the BOE jumping into the reactionary trend of anti-trans policies. This sort of violation of student's privacy has never made a trans kid not be trans, but it certainly has contributed to children engaging in self-harm, substance abuse, and even suicide. This does NOTHING to protect children.”
• “This is repulsive. I graduated from Middletown North in 2010 and the administration never did anything to combat homophobic bullying or STAFF to my knowledge. [Explitive] disgusting in the decade+ since they’ve done nothing to improve. If you out queer kids to their parents before they are ready, you are endangering them. You do not know their home life situation the SCHOOL has NO RIGHT to do this. Respect your students identity and don’t put them in greater harm . . .”
• “Everyone has a right to identify according to their beliefs and to be identified however they choose. These “children” are nearly at an age where they can leave home, vote, and risk their lives in the military. If we can trust them with these tremendous responsibilities, we can certainly trust them to know what they feel about their bodies and to know what they want to be called. No mandatory reporting necessary.”
• “This is an awful invasion of students’ trust and privacy. School SHOULD BE a safe space for students, especially those who don’t get support at home. This could (and I’m scared will) do irreparable damage to students’ self esteem and trust at a time of immense vulnerability. This policy is also incredibly discriminatory. Hanover Township is being told to change the policy and so should Middletown!”
• “I am an ally of students who identify as queer. I also am an ally of children who seek the shelter and privacy they can find within the trusting circle of mentors - their teachers. By requiring this reporting, students lose this safe space to be themselves, opening themselves to potential abuse and homelessness (and in a state with one nonprofit that caters to queer youth, this has far-reaching ramifications)./ Allowing these young, developing minds a safe space to be themselves helps build a resilience they may be unable to obtain at home. The fact that this is being proposed is simply abhorrent, and such policies and any related proposals must be eliminated immediately.”
• “This proposed policy change does nothing positive for the students or administration and, in fact, does everything to incite bullying, shame and potential harm. It also eliminates all language identifying the correct verbiage used to define the transgender community. People cannot be erased and neither can their civil and human rights.”
• “Children deserve autonomy of name and self expression in an environment that feels safe to them, this deprives them of that and can cause further distress and anxiety in their school environment.”
• “Trans kids, and all kids, deserve to be protected and deserve their own privacy. You forcing to our children will destroy any trust they have in any adult and any person ever. This is traumatizing. Protect Trans kids!”
• “This is an unlawful and unprovoked attack on an already marginalized & oppressed community. Schools should remain a safe haven for ALL students. As a Middletown resident and former alum to mtown schools, I’m concerned about this targeted overreach by the BOE. Keep politics out of our schools!”
• “I'm a Transgender Middletown South Alumni who knows that kids in the transgender community deserve safety and truth at school, especially if they cannot find it at home.”

The Middletown BOE has been emailed several questions:

1. Does the BOE have a legal argument prepared as to why their removal of this language is justified?
2. Has the BOE allocated money to use in the event that it is sued by the state or will another tax increase be needed to fund this litigation?
3. If MTPS is serious about promoting mental health and improving outcomes for all students, why is the confidentiality of trans students being broken?
4. How will transgender students be able to seek the mental health support they need under the new policy?

Thus far, no response has been given by the BOE. If you would like to offer a comment for or against these proposed changes to MTPS policy, please attend the upcoming BOE meeting or email the BOE.