RMS bathroom controversy continues to dominate School Committee public comments

ROCHESTER — Despite a recent investigation that found Rochester Memorial School handled a May incident legally, public comment during the first School Committee meeting of the year largely focused on ongoing frustrations over how administration has responded. 

Most comments during the Thursday, Sept. 24 meeting either supported or criticized the School Committee and administrators for the school’s bathroom use policy allowing students to use the bathroom that aligns with their gender identity.

Ongoing frustrations over bathroom use at the school began in May, when RMS parent Luis Rivera filed a complaint under the federal Title IX statute against the Old Rochester Regional School District in May. 

He claims his daughter was the victim of sexual harassment after another student pushed open the door to her bathroom stall. Since then, Rivera has been a vocal critic of the district’s decision to not disclose private disciplinary actions or restrict that student from using the girls’ bathroom. 

Because the student who reportedly opened the door on his daughter is a transgender girl, Rivera has demanded the school only allow students who were born female to use the girls’ bathroom. 

Rivera was among several people who spoke against the district during the Thursday meeting. Others also asked the committee to change the school’s bathroom use policy and said they did not accept the results of the school’s investigation into the matter. 

“This is a disgrace, a slap in the face to my daughter and to every female student attending this school,” Rivera said. 

He called on President Donald Trump and Secretary of Education Lyndon McMahon during the meeting, saying he hopes they are paying attention to what is happening in Rochester, and accused the administration of being “woke” and unwilling to protect children' s privacy.

The district has pointed to Massachusetts laws prohibiting discrimination based on gender identity among other protected identities, and state education department policy requiring schools provide transgender students access to the bathroom that aligns with their gender identity.

Other attendees, such as Debra Tolstonog, spoke in support of the district and said with the investigation completed the issue is a “closed matter.”

“I'm only here to express my support for the administration, teachers and school committee,” she said. “Thank you for following the gender-affirming Massachusetts laws, twice approved by the voters of Massachusetts, and protecting the rights of all children at RMS.”

The committee’s next meeting will be Nov. 12.