New West Orange Board of Education Policy Establishes Transgender Student Rights

WEST ORANGE, NJ — During the West Orange Board of Education (WOBOE) meeting on Wed. April 19th, the Board of Education passed board policy 5145.70 on “Gender Identity and Expression” by a vote of four to one. This policy lays out how the district complies with New Jersey’s Law Against Discrimination (LAD). The only board member to vote against policy 5145.70 was current Board Vice President, Irving Schwarzbaum.

According to the New Jersey School Boards Association’s (NJSBA) website, the LAD “prohibits, amongst other things, discrimination based on a person’s gender identity or expression…the LAD specifically prohibits 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.”

“Gender Identity and Expression” establishes guidelines for how the district will protect transgender students from harassment, intimidation and bullying; ensure their confidentiality and privacy; and the coordination of school accommodations for transitioning students. These accommodations include the use of names and pronouns, sports and physical education, and use of school restrooms and locker rooms.

During the second reading, Schwarzbaum’s comments on policy 5145.70 stirred mixed reactions. He expressed concerns about potential litigation being taken against the Board of Education. “I would just request that we have council give us a waiver and to make sure that we are not liable because while the policy makes a lot of sense, one of the problems is that we are potentially opening ourselves to issues of abuse,” said Schwarzbaum. He continued, “I would just like to make sure we are covered legally as a Board.”

After fellow board member, Laura Lab, asked Schwarzbaum to clarify his concerns, Schwarzbaum stated that he was concerned that someone might lie about their gender identity to gain access to the restrooms and locker rooms of the opposing sex.

Vice President Schwarzbaum argued that, “the policy doesn’t address potential litigation and that’s really where this is potentially a can of worms…because these are uncharted territories of policies and initiatives…and I just think as a Board we need to…make sure we’re not exposing ourselves…We have to be in compliance, but we also need to be cognizant. I’ll use the vernacular that ‘kids will be kids’.”

An article featured by the NJSBA titled “Gender Identity and School Law” addressed similar concerns about abuse as Schwarzbaum. The article said that, “nationally there is not one reported case of the transgender student doing anything improper in the bathroom or locker room. We should all keep in mind that a transgender student wants to use the bathroom for the same reason as any other student — to go to the bathroom.”

WOBOE President Sandra Mordecai provided a statement to The Pioneer on behalf of the Board regarding the policy. The statement read, “The West Orange Board of Education is committed to ensuring that all students ‘learn and thrive in a safe environment’ in accordance with the law.”

Her statement continued, “As many may know, in New Jersey gender identity is protected by the New Jersey Law Against Discrimination. In addition, the federal government left it up to each state to determine what, if any, accommodations should be provided.”

Mordecai concluded, “The NJSBA developed a sample board policy on Gender Identity and Expression and the West Orange School District has adopted same, which policy reflects current New Jersey and Federal law. Our legal counsel reviewed the sample policy from NJSBA and enhanced and modified their draft and upon approval from counsel, the Board adopted by a supermajority.”

This is an important policy for WOHS and the entire district, as it impacts all students directly. According to the policy, students can use the restrooms and locker rooms that correspond to the gender with which they identify. This policy clarifies previously ambiguous guidelines that gave no direction for transgender accommodations. Policy 5145.70 can be found in its entirety on the Board of Education website.