NOT OVER YET: MIDDLETOWN BOARD OF ED. PRES. CAPONE, VP TOBACCO, & BOARD ATTORNEY ISSUE STATEMENT ON MONMOUTH COURT RULING

Both members doubled down on their defense of Middletown's policy and parental rights.

MIDDLETOWN - Middletown Board of Education President Frank Capone  and Vice-President Jacqueline Tobacco have released the following statement in response to Friday’s decision by the Monmouth County Superior Court:

Notifying parents about issues affecting their children is not discrimination.  Contrary to the Attorney General's false statement that he has never sought to ban parental notification, that is precisely what he did here.  

Policy 5756 as adopted by the Board provides for parental notification in four specific circumstances: 

(1) when a student formally changes their student record;

(2) when a student wants to participate in a club or sport of a different gender;

(3) when a student wants to use the bathroom of a different gender, and;

(4) when students are referred for mental health counseling.  

According to Attorney General Platkin, parental notification of these specific items is discrimination.  We strongly disagree.  

"Parental involvement in a student's education is paramount," said Board President Frank Capone.     

"We strongly disagree with the Court’s ruling and believe there are several grounds for appeal. Significantly, however, the Court decided to maintain the status quo and specifically did not make any determination on the merits of the policy,” said Board Attorney Bruce Padula. “It is simply not discrimination to tell parents if their child decides to change the gender in their student records.  The law supports our position," he said.   

"The Attorney General is taking a premature victory lap before this case is actually decided," according to Board Vice President Jacqueline Tobacco.  "The State's position is preventing some of the most vulnerable students from receiving the support they need from parents and mental health counselors and eroding trust between parents and our district."  

"The only violation here is the State's violation of parents' constitutional rights,” said President Capone before posing two questions to Attorney General Matthew Platkin:

“And I ask Attorney General Platkin, when is it permissible to notify parents?  Wouldn’t you want to know if your child is struggling with their identity?” 

Related: Central Jersey Leaders Show Support for Middletown BOE at Court

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