New Gender Identity Guidelines For School Sports, Sex Ed OK’d In NJ

NEW JERSEY — The state Board of Education narrowly approved changes to sex education and gender identity rules that apply to all New Jersey school districts at a meeting Wednesday night.

Board members voted 6-5 Wednesday to approve several changes to the state's equity rules, which include using more gender-neutral terminology and allowing students to attend sexual education classes based on gender identity.

Guidelines will also allow transgender students to participate in gender-segregated school activities based on their identity, not their assigned gender at birth, documents show.

The state board of education is required to re-visit its equity code every seven years. The current code would have expired Aug. 29, if the state board did not update it.

Other proposed rules include clarifying the number of protected classes under the code, calling for annual proficiency tests for English language learners, and various other changes.

Education officials said the rule changes are meant to make sure all New Jersey students have access to educational programs, activities, and opportunities - regardless of their race, gender identity, housing status, immigration status, or financial situation.

More than 850 people submitted comments and questions about the proposed rules, state documents show – not all of them were in opposition, but a number of parents said the Department of Education was overstepping its authority and violating religious liberties.

The board was also divided, with vice president Andrew Mulvihill claiming the move to segregation by gender identity instead of sex "is discriminatory."

Education officials said the rule changes “provide parents, students, school district officials, and the general public with a concise summary of the legal framework governing equity and problems associated with the opportunity gap in the public schools.”

The rules remove references to “both sexes” and replace them with “all sexes,” and also replace the word “equality” with “equity” throughout. It also clarifies which students are protected classes under the New Jersey Law against Discrimination.

Under the rules, schools that separate sexual education classes must allow students to attend the classes for their gender identity, and not biological gender. Schools are not required to separate students for sex-ed classes.

Transgender students would be allowed to participate in gender-segregated school activities based on their identity, as well.

School districts would have 60 days to initiate the comprehensive equity plan, a timeline shortened from 180 days.

State education officials “will impose appropriate sanctions if the district board of education does not implement the comprehensive equity plan within 180 days of the plan’s approval date, or fails to report its progress annually,” documents state.