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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.

Milford High School students may not have urinals in their bathrooms much longer as board members look for a compromise in the fight over a proposed policy regarding bathroom and locker room use by transgender and non-binary students. 

“We talk about our responsibility as school board members on a divided issue, which is to compromise. This is the compromise,” said board member Noah Boudreault.

Dozens of students, teachers, parents, and community members spoke out Monday night, most opposed to the policy which would bar transgender students from most bathrooms and locker rooms. Nate Wheeler, board vice chair, proposed the new policy which would, for example, prohibit biological males who identify as female from using bathrooms and locker rooms for female students. Those students would instead be required to use separate facilities.

Wheeler did not address the controversy during the meeting, though Chair Judi Zaino expressed dismay about the proposal and indicated she would vote against it.

“I would be acting with malice to put a population in danger, and that is why I feel the way I do,” Zaino said. “I do feel there is a degree of malice here, and that concerns me greatly.”

Boudreault’s counterproposal is to limit bathroom use for everyone. Students would only be allowed to use stalls in the bathrooms and changing stalls in locker rooms, with no changing in common areas.

The overwhelming majority of people who spoke out Monday night were opposed to Wheeler’s proposal, telling board members it was born of hate. They predicted it would directly lead to an untold number of trans students committing suicide. One resident said it was anti-science, claiming there are now more than two recognized genders. 

State Rep. Maria Perez, D-Milford, said school board members who support the policy ought to be ashamed of themselves.

“What this school board is trying to pass, it doesn’t adhere to human rights. Let them be. They are not doing anything wrong to you,” Perez said.

But there is a problem with female students being harassed in the locker rooms by transgender students, according to Samaia DeMarco, who recently testified in Concord about the bullying and harassment female students are experiencing in Milford. Marco told the Monday night meeting the policy is meant to keep the girls safe. The opponents were engaged in a bullying attempt to silence girls and women, she said.

“They’re claiming discrimination while ignoring children’s voices,” Demarco said.

Demarco also accused Perez of laughing as a female student who also testified in Concord about being harassed by transgender students.

“Do you feel shame for laughing at the little girl who shared her testimony,” Demarco asked.

The issue of public safety when addressing transitioning students has emerged as a significant topic in the wake of a high-profile case in northern Virginia, where a transgender teenager was found guilty of sexually assaulting a female student in a bathroom. Parents were outraged when they learned the biological male was transferred to another school, where he allegedly forced a second victim into a classroom, nearly suffocated her, and sexually assaulted her.

The result for the school district has been a lawsuit, the firing of the superintendent, and criminal charges against school officials.

It is not clear if Boudreault’s compromise plan is workable. His plan would eventually put stalls in all the bathrooms and remove urinals. The costs could be in the tens of thousands of dollars, and there is no current plan in place to fund the bathroom renovations.

Additionally, school board members learned Monday night schools are legally required to provide a certain number of bathroom facilities based on population. Limiting the use to stalls would likely drop the number of bathrooms below the required limit. There are also logistical questions about getting students changed in time for gym class if the space is limited.