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Board rejects motion to repeal Policy 5756 after extended debate on parental notification and student supports
Summary
A motion to repeal Policy 5756 (guidance on transgender students) failed after legal advice that many policy requirements implement state anti‑discrimination law and sustained board discussion; the vote recorded two 'Yes' votes and a majority 'No.'
Board member Mr. Gilberti moved to repeal Policy 5756 — guidance regarding transgender students — asserting the district should adopt a "family‑centered" stance and arguing the policy allows staff to withhold information from parents when a student expresses a different gender identity at school. In introducing the motion he said repeal would "restore transparency and respect the fundamental role of the family."
The board attorney responded that "the policy itself is not mandated but the requirements within the policy are mandated," and that the policy as written helps ensure compliance with the New Jersey Law Against Discrimination and state Department of Education guidance. The attorney also noted a recent Supreme Court decision out of California does not change New Jersey’s obligations.
Several board members spoke at length. Board member Mrs. Quirk, citing 29 years as a public school teacher, said she would not vote to repeal the policy, describing the confidentiality and support role staff provide and saying "I am just never going to vote for something like that." Board member Ms. Makos described a case in which a guidance counselor worked with a student and then with the family to secure services, saying the counselor’s involvement was pivotal.
The board took a roll call on the motion; the transcript records Mr. Fraginals and Mr. Gilberti voting "Yes," and a majority of the board voting "No" (motion therefore failed). The board attorney and multiple board members reiterated that removing the written policy would not remove the district’s legal obligations under the state law, though they said a formal policy protects the district by setting clear procedures.
What happens next: with the motion defeated, the district retained Policy 5756 as the governing guidance pending any future policy committee review; the board adjourned to executive session to discuss personnel, contracts and legal matters.
