Toms River Schools Wait, Watch On Transgender Policy

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When it was announced last week that the federal Departments of Education and Justice had sent out a letter regarding transgender policies for public schools and colleges, there were immediate reactions on both sides of the issue.

Most of that debate and discussion surrounds the issue of bathrooms, with the North Carolina law saying individuals must use the bathroom of their birth gender one of the prime flashpoints.

Districts in New Jersey have been weighing the issue as they look to address the needs of transgender students at a time when awareness of transgender individuals is growing. They also are looking to put some guidance in place in the wake of situations such as one that drew widespread attention last year when a Middletown Township student who was born male fought for the right to attend school as a girl. It eventually accommodated the student at an alternative school.

>> RELATED: White House Letter To Schools On Transgender Students: What To Know

In an article about the issue published in November, the New Jersey School Boards Association noted that districts are coming face-to-face with those issues more frequently. It pointed to New Jersey's Law Against Discrimination as definitively prohibiting "discrimination in places of public accommodation, and mandates that in sex- segregated public accommodations, such as bathrooms or locker rooms, a person must be allowed to use the facility consistent with their gender identity or expression. The LAD specifically defines public schools as places of public accommodation covered under the statute."

Some districts, including Jackson Township, have moved forward and adopted policies. But many others -- including Brick, Toms River and Manchester -- have not. The Toms River Regional School District had a policy for transgender students under consideration in December, but after a first reading pulled the policy for further review.

"We realized there was so much going on at the state and federal level that it was better to wait for further guidance," Toms River Regional Superintendent David Healy said.

In Brick Township there was a massive overhaul in the last two years of the district's policies, some of which hadn't been updated in 30 years. But that overhaul did not include adding a policy with regard to the treatment of transgender students.

>> READ MORE: Beyond The Bathroom: Transgender Policies Under Review By N.J. Schools

The debate has become increasingly heated in the months since Toms River first discussed the possibility of the policy. Target implemented a policy saying it welcomes transgender employees and customers to "use the restroom or fitting room facility that corresponds with their gender identity," and its CEO, Brian Cornell, said he continues to stand by that policy.

The letter to public schools and universities from the federal government says schools "may not segregate or otherwise distinguish students on the basis of their sex, including gender identity, in any school activities or the application of any school rule."

The letter also points to Title IX, the federal law implemented in 1972 that says any public school or university receiving federal funds cannot discriminate on the basis of gender. The letter says Title IX applies to transgender students and threatens a loss of those funds for schools that aren't in compliance with their guidelines.

"The guidance makes clear that both federal agencies treat a student’s gender identity as the student’s sex for purposes of enforcing Title IX," a release announcing the letter said.

But what that means short-term is anyone's guess. While Title IX enforcement is credited with the explosive growth of girls sports in the last 15 to 20 years, it wasn't until the mid- to late 1980s where that enforcement drew national attention and debate that led to significant changes, particularly at the college level.

"I have not read the actual document from the USDOE so I will not comment on it," Thomas Gialanella, interim superintendent of the Brick Township School District, said Monday via email. "I know there are a number of court cases winding through the court system that will help give us some guidance. Needless to say we will follow the law as it develops."

Healy, too, said Toms River will wait.

"There is no date of implementation," Healy said. "We're waiting to see what happens at the state and federal level. We'll wait for additional guidance from the state."

By Karen Wall, with additional reporting by Marc Torrence and Alexis Tarrazi, Patch Staff.