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Angry parents turned out at Weare Middle School on Tuesday night to protest the school’s decision to allow a biological male student to use the girls’ bathroom — over the objection of girls who are being forced to share the space.

The situation came to light when the girls started complaining to their parents about the boy, who just recently began “identifying” as a girl. Katie LeRoy was upset when her daughter told her about the situation last week. The male student had switched from using a single-person bathroom to the girl’s room.

“That does make me feel uncomfortable, and others (are uncomfortable) as well,” LeRoy said.

But school board Chair Christine Heath insisted they were following state law.

“As of today, it is the law in New Hampshire that discrimination is prohibited based on gender identity in regards to bathrooms,” Heath said at the start of the Weare School Board meeting.

School Board Chair Christine Heath, Board Member Sarah Button, and Board Member Daniel Recupero listen to parents Tuesday night upset that a biological boy is using the girl’s bathroom in Weare Middle School.

State Rep. Ross Berry (R-Weare) attended Tuesday’s meeting to support concerned parents. He told NHJournal Heath’s claim the school’s hands are tied is spin, not fact. It’s true the state has yet to pass a law explicitly giving schools and other institutions the right to protect women’s spaces from biological males. The school could choose to do so right now.

“They are interpreting the non-discrimination statute in a way that conveniently fits their worldview,” Berry said. “I have no doubt the school board would vote to allow boys in girls bathrooms if they were explicitly given a choice.”

Resident Nancy Brennan, a public school teacher in another community, told the meeting she supported allowing the male student in the girls’ bathroom. According to Brennan, biological sex is complicated. She cited people who are born intersex to explain that transgender people have always been part of human history.

“The idea there is only male and female is not scientifically correct,” Brennan said.

Being born intersex is an extremely rare medical condition affecting an estimated .05 percent of the population. It typically refers to people born with both male and female sexual characteristics, such as having both male and female sex organs.

Nobody has suggested that applies to the male student at Weare Middle School.

State Rep. Lisa Mazur (R-Weare) said parents and girls should be able to talk about their concerns without being labeled as bigots.

“Having this concern for girls does not make us transphobic, and we’re not bullies for speaking up,” Mazur said.

Parents have been reaching out to Mazur to tell her the girls are uncomfortable sharing their bathroom with a boy, and some of them are refusing to use the bathroom at the school. Mazur said the school should allow male students “identifying” as female to use single-person bathrooms or staff bathrooms, but not the girl’s bathroom.

A bill keeping biological males out of spaces for women and girls is making its way through the legislature. If it passes, Gov. Kelly Ayotte is expected to sign it.

Weare resident and Republican candidate for Congress Lily Tang Williams said the school’s policy to allow the biological male into the girls’ bathroom is damaging the school and will be costly for the community.

“You’re going to push more children to homeschooling and out-of-town schools. You need to reevaluate this policy,” Tang Williams said.

Berry reminded the board Weare’s schools are underperforming, according to data.

In the latest standardized tests, 32 percent of students were proficient in English, 24 percent in math, and 22 percent in science. The district is spending more than $21,000 a year per student. The district’s also seen a 28 percent decline in enrollment since 2016, Berry noted. Perhaps academic performance should be their priority.

One Weare father, who had been considering putting his homeschooled children into the public school, predicted even more students are likely to leave. Not because there is a transgender student, but because the handling of the situation raises questions about how the school will teach science and biology.

“That 28 percent will climb if this goes the wrong direction,” the dad said.