Middleborough school committee member pushed back against district hiring attorneys and litigating against family whose child was sent home for wearing shirt that stated “there are only two genders”

In 2023, a 12-year-old student at Nichols Middle School in Middleborough Public Schools wore a shirt to school that stated: “There are only two genders.” He was sent home from school for refusing to change his shirt after people allegedly complained. The child’s family sued the school district in order to protect his free speech. The district has been pushing back through litigation. Parents Defending Education submitted a public records request to the district seeking emails from board members regarding the situation. School committee member Marcy Fregault appeared to support the child’s decision to wear the shirt, according to emails that PDE obtained.

In one email dated May 12, 2023, she pushed back against Superintendent Carolyn Lyons’ decision for the district to hire attorneys and fight back against the family’s case: “After reading the case cited in the letter, I would like to make it known that I oppose the current course of action by Carolyn Lyons in this matter. It puts the district and town at risk.” She then asked for the superintendent’s contract, legal expenses for the case, and who chooses to litigate.

In a previous email dated May 4, Fregault stated: “Instead of digging in our heels, is there a better way to handle this? I don’t think the scorched earth approach is a good idea. In an attempt to avoid a lawsuit, a spectacle of protests at Nichols Middle School, and a disruption to the education of our students’ day, is there a middle path where cooler heads can prevail? This is very concerning to me.”

In another conversation dated March 24, she explained that “student speech is protected unless it substantially disrupts or interferes with school operations” and that “people being offended by a shirt is not a substantial disruption.” She added: “I believe the school and [principal] violated this student’s rights.” In a follow-up email, she stated:

Right now, it seems that administration picks and chooses what to enforce from the dress code as it is currently written. In fact, a lot of policies seem to be hand picked on what to enforce at that school.
I have two children at that school and it is alarming what continues to go on there on a daily basis.

In another email, Fregault stated:

I have a huge problem with [principal] singling out [student] and basically saying his view point is unacceptable to the community standards. She made herself the arbiter of community standards. I am not sure where she gets the power to make that determination.