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Board attorney: transgender students 'entitled to the same rights' under state and federal law after heated public exchange
Summary
During public comment a resident demanded a yes/no answer on whether a student with male anatomy could use girls' facilities; board attorney Mr Stepher responded that transgender students are entitled to the same rights and access under New Jersey and federal law, and the exchange became heated before moderators moved on.
A tense exchange during the public-comment period of the Toms River Regional Schools Board meeting focused on restroom and locker-room access for transgender students.
A member of the public asked whether a student ‘‘born with a penis’’ can use girls’ bathrooms or locker rooms. The board’s attorney, Mr Stepher, replied that transgender students are afforded the same protections and access as other students under New Jersey law and federal law and that the district must follow those legal requirements.
The commenter pressed for a one‑word yes or no; Mr Stepher reiterated the legal standard, saying that transgender students are ‘‘entitled to the same rights and privileges under the laws of New Jersey and the laws of the United States of America’’ and that the board ‘‘will not discriminate against any student in the Toms Regional School District.’’ The exchange drew audible audience reaction and ended when moderators redirected the meeting.
Why it matters: The public question highlights a charged local conversation about student privacy, safety and rights. Board counsel emphasized legal obligations rather than providing a categorical yes/no answer tailored to specific hypothetical scenarios; officials said the district must follow state statutes, Department of Education guidance and applicable federal law when responding to individual student accommodation requests.
Next steps: The attorney indicated the board must follow applicable law and cannot issue policy exceptions in response to a single public question; implementation questions about facilities access would be resolved consistent with state and federal requirements and existing district policies.
