Contested LGBTQ Policy Rejected By NJ Schools Not Mandatory

NEW JERSEY — The tug-of-war over a contentious LGBTQ policy between local school districts and the state continues as one school district defiantly voted to remove the policy in its entirety.

Four NJ school districts - Hanover Township, Middletown, Manalapan-Englishtown and Marlboro - were sued by the state of New Jersey in June for passing versions of policies requiring teachers to inform parents if a student is seeking a transgender accommodation, such as using a new pronoun or bathroom.

On Monday night, Hanover Township Public Schools held a special three-hour-long meeting voting to repeal Policy 5756 altogether amid pending litigation.

Hanover felt that Policy 5756 without their own school Board Policy 8463 was "unacceptable in its current form."

Without the school board's policy 8463, Board member Gregory Skiff said on Monday that Policy 5756 "is wholly inadequate to protect the district from liability and actually creates an environment with greater legal exposure."

"The state is not going to aid financially or otherwise when we get sued by a parents whose child, God forbid, harms him or herself and the school had information and failed to act," said Skiff.

The Attorney General sent a letter to the court on Monday in response to Hanover's actions stating that the school board's resolution violates the temporary restraints the court put in place on Aug. 24.

"This Order expressly requires Defendants to maintain the 'status quo' that existed," according to the letter that claims Hanover's repeal of Policy 5756 instead alters "status quo" and violates the court order.

Hanover's vote came after Deputy Attorney General James Michael reportedly said in court last week that the policy was not "mandatory" and instead was a "guidance," according to the New York Post.

The AG's letter also addressed the policy not being "mandatory":

"Defendants are correct that LAD-compliant Policy 5756 is not a mandatory policy, and that school boards were not required to adopt it when the Department of Education released its Guidance as directed by the Legislature. But as this Court is aware, Policy 5756 offers crucial protections to Hanover Township's transgender students, including the right to use facilities and restrooms and to be addressed by the pronoun of the student's choice. As Hanover Board of Education acknowledged when it adopted Policy 5756, these protections ensure that Hanover Township public schools "provide a safe and supportive learning environment that is free from discrimination and harassment for transgender students, including students going through a gender transition." The repeal of Policy 5756 will eliminate all of these critical protections."

Hanover's decision to repeal the Policy will most likely have a ripple effect. Middletown, Marlboro, and Manalapan school boards are expected to also reject the state Policy, according to nj1015.com.

Attorney General Platkin has argued the districts are putting transgender and LGBTQIA+ students at risk of harm from their parents, and violating their civil rights.

The state previously cited data that 40 percent of transgender youth are not supported by their families, and 1 in 10 transgender children or teens are met with physical violence from their parents.

"Once the student is outed to their parents, the harm is done," Michael argued before the judge. "When a transgender person chooses to come out to their parents is a pivotal time. It should be on their terms, their choosing. Not when an employee of the school is forced to call their parents."

The state had previously argued that schools in New Jersey are required to accept a student's preferred gender identity and pronouns without parental consent, according to the state's Law Against Discrimination and the State Department of Education's Transgender Student Guidance issued in 2018.

• Related: Judge Will Issue Decision 'Shortly' On Middletown's Transgender Policy
• Related: LGBTQ Policy Gets Morris County School Sued

Gov. Phil Murphy and the Attorney General's Office did not immediately respond to Patch's request for comment.