Public Outcry Over Policy 5756

At the June 20th BOE meeting an overwhelming number of Middletown students, alumni, parents, and residents spoke out against MTPS’s Policy 5756 on transgender students, which includes amendments that multiple speakers argued were a violation of NJ law and Title IX. Extensive opposition during the public comment period and a large crowd of protesters did little to sway the BOE, as all but one member (Deborah Wright) voted in favor of a policy that the state of New Jersey claims is unlawful and discriminatory. In her only communication with Middletown parents thus far, acting Superintendent Jessica Alfone wrote a letter defending the BOE’s new policy.

Ms. Alfone, Mr. Capone (BOE president), and Ms. Tobacco (BOE vice president) offered no response to questions about the estimated budgetary impact of the litigation that they intend to pursue. They also failed to explain the policy's apparent contradiction regarding students’ rights to confidentiality. For example, on page 5 the Policy states, “The Board finds that conversations with counselors, teachers, or other staff about one’s gender identity are entitled to confidentiality.” Yet, on page 7, it says: “The full, complete, and accurate reason for counseling and/or referrals for mental health crisis [sic] and/or concerns shall be provided to parents/guardians in relation to parental notification/consent for such services.” Ms. Alfone, Mr. Capone, and Ms. Tobacco did not clarify whether a student who is simply "referred" to a counselor due to a noted "concern" about gender identity will have their confidentiality violated under the revised policy. Additionally, they did not explain the meaning of the phrase “in relation to parental notification/consent,” as this language does not clearly indicate whether or not standard notification practices will be followed when gender dysphoria is believed to be an issue for a student. Currently, MTPS's online resource does not appear to list an official policy or regulation that addresses students’ general rights to confidentiality in the case of mental health referrals or counseling appointments.

Regardless, major professional organizations consistently support the protection of student confidentiality, particularly when minors identify as LGBTQ+. For example, the American Counseling Association (ACA), the world’s largest professional organization for counselors, offers guidance in Counseling Today: It’s a “myth” that “parents must be informed of their child’s sexual and gender identity." The article states that "school counselors should consider several factors before disclosing to parents a student’s sexual or gender identity . . .” Counselors “should first discuss with student[s] [their] feelings about informing parents and assess how they may react to this information. It [is] important for the counselor to prepare the student for potential negative parental responses” (2018). Another respected professional organization, the National Association of Social Workers (NASW), states that “social workers shall maintain adequate safeguards for privacy and confidentiality in their relationships with youths” (page 15). NASW’s standards of practice dictate that confidentiality should only be broken in cases of endangerment, abuse, or neglect (page 16). When asked about the apparent discrepancy between Middletown’s new policy and the ethical practices and standard care recommended by professionals, school leadership offered no comment.

Ms. Alfone, Mr. Capone, and Ms. Tobacco also failed to respond to questions about NJ confidentiality guidelines for transgender students and HIPAA protections for minors. According to a resource titled Adolescent & Young Adult Health Care in New Jersey: A Guide to Understanding Consent & Confidentiality Laws, “New Jersey laws include protections for the health care information of individuals of all ages” (page 4). The document also asserts that the “HIPAA Privacy Rule contains protections for both minors and young adults” (page 17). According to Chapter 137 section b-3, NJ schools should make sure that "personnel do not disclose information that may reveal a student’s transgender status except as allowed by law” (2017). These guidelines also ask “schools to work with the student to create an appropriate confidentiality plan regarding the student’s transgender or transitioning status” (2017). It remains unclear how, exactly, MTPS's new policy will protect students' confidentiality, a point that caused much controversy at the last meeting.

During the extensive public comment portion of the June 20th meeting, which lasted about two hours and focused primarily on policy 5756, not a single transgender person or parent of a transgender child spoke in support of the BOE’s revised policy. Instead, numerous community members with lived experience expressed their strong opposition to this policy. One recent graduate who resides in Atlantic Highlands and who self-identified as a transgender woman told the BOE “You supposedly want a safe environment for all students, but you don’t know how important affirming a person’s gender identity is . . . You are harming the children who need [the previous] policy to survive; let us live” (1:25, 1:26). Another recent South graduate who resides in Lincroft and identifies as non-binary stated, “Taking away the safe space that is Middletown schools is going to ruin lives . . . There will be blood on your hands” (1:27). A recent graduate of South who has medically transitioned stated, “By outing students, you are doing a huge disservice to their physical, mental, and emotional wellbeing. You could be subjecting them to physical or emotional abuse from unsupportive parents” (1:29). Yet another recent grad stated, “You need to listen to trans people when we say you are putting us in danger. It is not your place to decide whether somebody is safe at home or not” (1:39). A mother of an MTPS graduate who identifies as non-binary said that children think “long and hard” about these decisions and they need “agency” to determine how to broach the topic with their parents. “I would be incredibly sad if [the BOE] prevented me from having the opportunity to say to my kid, ‘Thank you for telling me’. . . “No public agency should be the ones to dictate how and when a transgender child talks to their parents . . . Listen to the kids” (2:39-2:41). A former North student confessed that her family was not supportive of her transition, but her teachers were. “Isn’t it sad that there are people like me who can’t be safe at their own homes?” (2:59). She also admonished the BOE: “I will not allow you to spew hatred at us and try to eradicate us” (2:59). Yet another recent South graduate who came out in college confessed that the home environment wasn’t accepting and told a story about a suicide attempt, stressing that this story “could be any transgender kid” (3:28). A mother from Lincroft, who is school psychologist and has transgender relatives, called the BOE’s decision to hold the meeting in a small space that prevented protesters from entering “very cowardly” (3:29). She asserted that the board members who voted for this policy “will have blood on their hands if a trans student takes their life” (3:29). Throughout the meeting numerous other members of the LGBTQ+ community and their allies referenced alarming mental health statistics in their strong opposition to the policy.

In addition to the concerns expressed by those who have lived experience on the subject, numerous mental health professionals and educators spoke out against the BOE’s policy. A gender therapist from Red Bank, with extensive knowledge of health issues facing transgender youth, expressed concern with the policy, noting that most students “need time to make this decision. We don’t want to rush them” (1:41). She asked the board to reconsider this policy and talk to other gender therapists to better understand the unintended consequences of their revisions. Shortly thereafter, a MTPS teacher and club advisor stated that “every child is entitled to civil rights . . . Enacting this policy violates civil rights and it actually undermines our aim as educators” (1:44). A resident and professor who started a camp for teens confessed that “many students are unsafe at home. Sociological and psychological evidence proves that students are safer in school” (2:09). A lifelong Belford resident and teacher who is the co-advisor for North’s Gender and Sexuality Alliance stated that the policy “unfairly targets and discriminates against a group of people that already face heavy marginalization in our community” (3:00). He cited state guidelines saying “only when a specific and compelling need exists that a student’s transgender status can be revealed by a school district” (3:01). He continued, “The students have spoken; the [protesters] outside have spoken. It’s time you listen to them” (3:02). Another Middletown resident and physical education teacher said the policy “puts transgender students at risk and diminishes their ability to be successful in their academic studies” before pointing out the inequities in current restroom accommodations at Middletown schools (3:20-3:22). A Rutgers education professor, mother of three, and lifelong Middletown resident stated, “I’m so disappointed in the decision that [the BOE] made . . . And I’m scared for our students because I don’t think you realize what is going to happen to them” (3:10). She cited multiple passages from the BOE’s Code of Ethics and pointed out where this board went astray. Another professor, who is a Middletown parent and member of the LGBT community, stated that the deletion of the definitions associated with gender identity were “deeply troubling.” She continued, “You just passed forced outing of our beloved children. ‘Putting Children First’? I question that” (3:15). (The speaker was referring to the 2020 slogan of board president Frank Capone, vice president Jacqueline Tobacco, and BOE member Harmony Heffernan.)

Multiple speakers also raised concerns that extreme partisanship seems to be driving Middletown’s current educational policies. A local resident associated with the League of Women Voters stated that “proposals like this are manufactured to divide our community . . . at the expense of our students and our country’s future” (2:26, 2:27). The father of a recent South graduate pointed out that “the BOE has admitted that this is about parents, not children. I find it ironic that their slogan was ‘Putting Children First” (2:04, 2:06). A mother who currently has children in the school district, stated, “Identifying as transgender is not a fad, a phase, or a choice. It is a real part of human biology that is vastly misunderstood simply because it affects so little of the population” (2:55-2:56). She cited evidence from the American Medical Association (AMA) and the American Academy of Pediatrics (AAP) and asserted that some people with “extreme political and religious ideology have decided that they carry more weight than our most accredited medical associations.” She called the BOE’s new policy both “problematic and terrifying” (2:57). A teacher from Tinton Falls explained her own coming out process as a gay woman and admonished the BOE for not consulting experts and members of the trans community before approving this policy. She spoke of “misinformation and disinformation due to the political divide” as being the likely reason for these policy revisions by the BOE (3:31). Throughout the public comments portion of the meeting, multiple speakers continued to question the timing and the purpose of Policy 5756, as the BOE has yet to identify an actual event or specific situation that necessitated these policy revisions, nor have they conducted a formal survey of students and parents. Several speakers also asked the BOE to stop politicizing their work and to focus on more pressing issues.

While some members of the community criticized the partisanship displayed by this BOE, other Middletown residents emphasized their fiscal irresponsibility. A non-binary civil rights attorney who graduated from MTPS asserted, “this policy is unconstitutional under both US and New Jersey law . . . You are going to cost the district hundreds of thousands of dollars that could be used to actually educate and protect all Middletown students” (1:47, 1:48). A father said the policy would result in a “waste of time, money, and resources” by the BOE (2:12). A local taxpayer pointed out that the MTPS budget line for legal services at this time last year was “265 thousand dollars” before asking “How much more are we willing to pay with a harmful policy like this in place? Has the Board budgeted for the additional costs that will come?” (2:34).

The overwhelming majority of people who spoke at the meeting offered general comments on the negative impact the policy would have on students. The first speaker of the evening, a student, asked the BOE, “What have these kids done to deserve such terrible treatment?” (1:20). Another MTPS student quoted Mr. Capone’s recent graduation speech about overcoming obstacles. She then asserted, “The obstacle that stands in the way of your transgender students is you . . . Mental and physical abuse will be brought by your harmful policy change” (1:21, 1:22). A former BOE member, who is also an educator, reminded everyone that the original policy on transgender students “was signed into law by Republican governor Chris Christie” before stating, “the purpose of this policy change is not to help anyone, but only to harm or erase the students that make them feel uncomfortable” (2:02-2:04). A Middletown father and educator shared that “bullying and intimidation are on the rise in Middletown [and there were] multiple suicides in only a few years” in the district (2:04). A recent graduate admitted that, if this policy is implemented, “students can no longer be themselves in front of their teachers” (1:51). A reverend from All Saints Church in Navesink asserted that we need to respect the dignity of all people, including children. “I ask you to reconsider” this policy and “listen to the people who are affected most by these changes” (3:09). A local Episcopal priest called the risks associated with the policy “outlandish” . . . Speaking to the youth he said, “You are all loved. I’m sorry that you have to fight so hard to be respected in a place where you’re just trying to learn” (2:13, 2:14). A recent South graduate and second-generation Middletown resident stated, “The entire time I have gone to Middletown schools never has an injustice like this happened . . . I don’t believe you know how incredibly dangerous this policy can be” (3:23).

Amid the overwhelming opposition to this policy during the public comments, a handful of concerned parents expressed support for the BOE’s policy. It should be noted that none of these parents revealed that they have children who are transgender and their comments all referenced hypothetical situations. Common themes evident in the supporters’ public comments were parental rights and the assumption that all parents are nurturing and accepting. A father of four boys stated that “parents are the most important people and we want to know what’s going on with our kids” (1:54). A mother of two stated, “If a child wanted to use a bathroom that is different from their physiological gender, I would expect a phone call . . . It is not okay to assume that every parent can not handle this conversation . . .” (2:37). Another mother asserted, “my children belong to me and no one else” (1:56). The assertions by these parents, however, were countered by statements made by transgender students and mental health professionals.

Multiple speakers directly rebuked the parental rights arguments and the presumption that all parents are loving and well-adjusted people. A Red Bank teacher and mother stated, “We should be supportive of a child’s right to privacy . . . . Our children are not our property; they are their own people” (3:06-3:07). A mother of two urged the BOE to leave the decisions of confidentiality up to the mental health experts. “If the school is going to disclose this information before students are ready, I believe that is a violation of my parental rights to ensure the safety of my child” (3:17). Another mother with children in the district directed her comments at the parents who support the BOE’s proposed policy: “If your children are not confiding in you, that means that your children’s teachers offer a safer space than you are providing. Stop blaming teachers if you don’t have a relationship with your child . . . It’s not about you, it’s about the kids” (2:58). Another Middletown resident referenced the AIDS crisis that saw parents leaving their dying children in the hospital to illustrate the fact that not everyone comes from a loving home. She offered “kudos to teachers for creating an environment where kids can talk to you” before asserting that this policy “puts kids in harm's way” (3:05).

Despite strong feelings about policy 5756, the June 20th meeting proved to be a largely civil display of public engagement, save for accusations of harassment that were shouted after data from a large-scale study of human sexuality were misrepresented by Gregory Quinlin, a lobbyist from Whippany Park (2:24). Quinlin, who is the current president of the Garden State Center for Family Advocacy, confessed that “I used to live as a gay man, but I don’t any longer” (2:18) before asserting multiple talking points not germane to the subject and in opposition to guidance from the American Medical Association. Another BOE supporter cited propaganda from “Gays against Groomers,” an organization that has been banned by multiple platforms for its hateful ideology (2:15). Both speakers’ ties to controversial local and national organizations provide evidence of a larger phenomenon: the increasing politicization of school board meetings across the country.

This is not the first time that the Middletown BOE has garnered extensive media attention for its decision to pursue a highly politicized policy at the expense of other issues. In 2021, MTPS also made headlines with a controversial mask exemption policy. The district later abandoned this policy after the state threatened a lawsuit. But with a new superintendent at the helm, the Middletown BOE appears poised to spend taxpayers’ money pursuing a policy that many community members believe to be detrimental.

Middletown residents who wish to share their feedback on MTPS’s Policy 5756 with local leaders can email the BOE and acting superintendent Jessica Alfone (alfonej@middletownk12.org) or attend the upcoming July 26th BOE meeting.