Approximately 40 people gathered at a board of education meeting on April 30 in Tabernacle, N.J. Most were there to discuss or hear about Policy 5756 — the state’s trans-affirming student guidelines that board members Lauren Fanti and Erica Vining attempted to quietly remove during a meeting in March.
Although April’s meeting agenda didn’t include any mention of the policy, one peculiar line item stuck out: the abrupt resignation of those two board members and of a third, Amy Lepsis — a decision that was made following an Open Public Records Act request in which board members were asked to submit all communications that reference Policy 5756. This kind of request, known as an OPRA, allows the public to access records and communications related to public service.
“At our March 18 board meeting, I recommended to the board that we revisit Policy 5756 given recent court rulings granting the local boards [of education] the authority to decide whether to maintain this policy,” Fanti said during public comment. “Personally, I’ve always found it very difficult to support any policy that implies parents do not need to be informed about significant developments in their child’s life — in this case, such is the decision to change their gender identity or name at school. I know many parents in our community share this concern.”
“This kind of request was unprecedented for us,” Fanti continued, noting that she believed no formal training or policy existed to help board members understand how to share this information from their personal devices. “Naturally, I had questions — not because I had anything to hide but because the request felt like a serious intrusion into our personal privacy.”
Multiple attendees told PGN that they viewed the resignations and failure to comply with the OPRA request as suspicious. They wondered if those former board members were unprofessional and problematic in their communications about Policy 5756 or trans students — which they feared could be the reason they didn’t want to comply with the OPRA request.
“How can they be for transparency if they’re actively trying to not be transparent?” said parent Jason Litowitz, alluding to a public comment by a community member who thanked those who are resigning for their dedication to improving transparency.
OPRA requests are intended to do just that — improve transparency, and they’re not uncommon. Tabernacle’s board noted during the meeting that it has spent almost $20,000 — a third of the district’s legal fees — on OPRA requests, which occur periodically. Tabernacle’s board president, Stephen Henske, said that the recent OPRA request related to Policy 5756 was valid and that board members were compelled by law to comply.
“To the members who did comply, I want to thank you for honoring your code of ethics, the oath you swore to this board, and for adhering to the training that you received — which clearly communicated that all communication between board members is subject to OPRA laws, and that there is no expectation of privacy when communication is held between board members discussing school policy,” said one community member, who has previously served on the board herself.
“As an educator, I would also like to commend the board on their support of the Tabernacle teachers,” she continued, expressing her appreciation for Policy 5756. “The policy is in place to inform teachers on how to best follow this state law that already exists. This protects them from breaking that law and facing job loss, loss of certification or legal proceedings on their own.”
Additional public comments yielded a mix of responses. Some residents spouted misinformation and transphobia. One community member expressed confusion about the policy and wanted clarification on the protocol surrounding name and pronoun changes.
Another said the community voted for Lepsis, Vining and Fanti to remain a “conservative, close-knit town,” underlining that previous board members were elected because they shared in the community’s disapproval of Policy 5756.
Multiple speakers also shared strong support for trans students. One person attempted to clarify that this policy offers guidance pertaining to all students — not just trans kids, as it notes that any student who prefers privacy should have access to gender-neutral facilities.
“We need to keep our schools as a place of sensitivity and respect for transgender students,” said one Tabernacle resident whose grandchild waited to come out until she was in college because she feared her parents would kick her out.
Henske noted that the board has decided to take their time in evaluating the policy’s details, listening to the community, and considering the law before deciding whether or not to keep it in place. In a report by Tabernacle’s policy committee, it was announced that no further action will be taken at this time but Henske noted that the board will hold public discussions about the topic once its members feel more informed. That includes a discussion of how the policy is currently being enforced.
He also echoed thoughts shared by various community members about possible ongoing litigation related to the subject — underlining that it could take multiple years for those legal battles to be resolved.
It’s important to note that there is no pending litigation specifically regarding Policy 5756. School districts can and should use the recent New Jersey Court of Appeals ruling which states that schools cannot implement discriminatory policies that specifically target trans students and that schools must uphold current antidiscrimination laws — which offer the same protections reiterated in Policy 5756. The ruling also includes various comments about the risks and harm that can be caused if students are outed to parents and guardians.
The policy merely clarifies the rights of students and guides school staff in their responsibility to uphold those rights. So while schools are not required to keep that specific policy officially on the books, they are required to respect the rights of trans students which are outlined within it — including their access to gender-affirming facilities, sports teams, names and pronouns.
A related case, Short Jr. et al v. New Jersey Department of Education et al, was dismissed on March 28 after plaintiffs attempted to prove that trans-affirming policies in Cherry Hill and Cranford Townships were harming their families. Plaintiffs stated that parents were deliberately excluded from conversations about their children’s gender identity and that children changed their gender identity in the school systems without their consent. But a judge found that plaintiffs did not have standing for their case.
It was dismissed without prejudice, allowing plaintiffs to submit amended complaints if they hoped to continue pursuing the matter. But recent letters to the court explain that plaintiffs will not be submitting amended complaints, indicating that they no longer plan to take action against the school districts or state.
Tabernacle is one of numerous towns throughout the state that have discussed changing or removing the policy in recent months. Many — but not all — of the districts that have considered revoking the policy have decided to keep it in place as a result of community feedback and advocacy. To date, the ACLU of New Jersey has issued letters to 23 of those districts, outlining why Policy 5756 is crucial for student safety.
“We want to make sure that these school districts understand that revoking the policy does not absolve them of their responsibilities that are already under state and federal law,” said Elyla Huertas, a senior staff attorney with the ACLU of New Jersey whose focus includes LGBTQ+ rights and the rights of students and youth.
“By revoking it, [schools are] doing two different things,” she continued. “One, they’re opening themselves up to liability in case a staff member, administrator or teacher runs afoul of the law because they don’t have this guidance. They’re really making it harder for the districts to comply with these laws. But secondly, they’re also just sending a terrible message to the parents and students in their school district that this is not necessarily a safe and welcoming environment for LGBTQ students, specifically trans students.”