Marlboro Cannot Enact Transgender Student Policy, NJ Court Rules

MARLBORO, NJ — The Marlboro Township Board of Education cannot enact a policy that requires their schools to notify parents when a student changes their gender identity, though they can consider alternative policies, the NJ Court of Appeals ruled on Monday.

The appellate court’s 34-page decision addressed a 2023 lawsuit from NJ Attorney General Matt Platkin against three Monmouth County school districts (Marlboro, Manalapan-Englishtown and Middletown), who were sued after enacting new policies for transgender students that would require school staff to notify parents when a student changes their gender identity.

The appellate court agreed with the Monmouth County Superior Court’s earlier ruling in 2023, which prevented the school districts from enacting these policies.

In the lawsuit, the state argued that Marlboro was putting LGBTQ+ and transgender kids at risk and violating New Jersey’s Law Against Discrimination by implementing their new policy.

Before the school boards’ new policies were put in place, Marlboro, Manalapan-Englishtown and Middletown used Policy 5756, “Transgender Student Guidance for School Districts,” which follows guidance from the NJ Department of Education.

In that policy, school districts are guided to accept a student’s gender identity, and school staff are not required to notify parents of a student’s change in gender identity or expression.

In June 2023, each of the three school boards amended Policy 5756 to require school staff to notify a student’s parent if that student requested a gender identity change at school.

The Marlboro Public School District’s amended policy said that, because the district is Pre-K-8 with no high school, “the Board believes that greater parental involvement is required because of the age and maturity level of its student-body…[I]n the spirit of transparency and parental involvement, the district will . . . notify a student's parent/guardian of the student's change in gender identity or expression except where there is reason to believe that doing so would pose a danger to the health or safety of the pupil.”

Additionally, the policy said a school counselor would notify and collaborate with the student first before discussing their gender identity with the student’s parents or guardians.

According to the policy, that discussion “will address any concerns the student has about such parental notification and discuss the process by which such notification shall occur including, but not limited to whether the student wishes to be given the opportunity to notify the parent/guardian first.”

The policy goes on to say that the principal or designee should have a discussion with the student and parent/guardian to ascertain the student’s preference on matters such as chosen name and chosen pronouns, though there “may be instances where a parent/guardian of a minor student disagrees with the student regarding the name and/or pronoun to be used at school and in the student's education records.”

“In the event a parent/guardian objects to the minor student's name and/or pronoun change request, the Superintendent or designee should consult the Board Attorney regarding the minor student's and family's civil rights and protections under the [New Jersey Law Against Discrimination],” the policy said.

In response to the boards’ amended policies, Platkin said these policies unlawfully discriminated against students based on their gender identity and gender expression, and alleged the policies “irreparably harmed transgender students by requiring parental disclosure of their gender identity without their consent,” the court’s decision said.

The appellate court upheld the injunction on the schools’ policies but reversed a provision that kept the school boards from considering new, alternative policies.

Brian Cohen, the president of the Marlboro Township Board of Education, said he knows how important and emotional Policy 5756 has been for board members and the Marlboro community during a recent board of education meeting.

After speaking with the board’s attorney, Cohen said the board members have been advised of three options going forward:

1. Do nothing with the current policy (which would be Policy 5756, not the amended one)
2. Amend Policy 5756 again, though the amendment could be subject to state action
3. Abolish or rescind Policy 5756

Going forward, Cohen said the board plans to introduce a motion to abolish the policy, though there are two meetings required to make a final decision. The first of these meetings is planned for Feb. 18, Cohen told Patch.

“The outcome is probably the best outcome we could have asked for,” Cohen said. “Which is the ability to move forward.”

Platkin said he was pleased with the ruling from the Appellate Division, and said it affirmed the Superior Court’s finding that the challenged school board policies likely violate NJ’s Law Against Discrimination and would result in “irreparable harm to some of our state’s most vulnerable students.”

“As all courts to have considered these cases have recognized, the State agrees that parents should be involved in making important decisions about their children,” Platkin said in a statement to Patch. “And as a parent, I certainly share that concern – which is why the State has never and will never seek a ‘ban’ on schools informing parents about their children. But what the courts have said is that schools cannot have a blanket policy that unfairly forces educators to choose between a vulnerable child’s safety and wellbeing and losing their job.”

“All our lawsuits have sought to do is to reinstate the status quo that has existed for years without controversy – one that was put in place by Gov. Chris Christie and that respects the need for parents to be informed about their children while safeguarding the civil rights of all students,” Platkin said.

The LGBTQ+ advocacy organization Garden State Equality called the ruling a “major victory for transgender students, civil rights, and the fundamental principles of equality in our schools.”

“Today’s ruling affirms what concerned parents across the Garden State want: safe and affirming schools for all students,” said Christian Fuscarino, executive director of Garden State Equality. “It also sends a powerful message to transgender and gender-diverse youth: your safety, your rights, and your ability to be yourself are not up for debate in New Jersey.”

Editor’s Note: For general LGBTQ+ resources, you can visit this resource list from GLAAD. For LGBTQ+ crisis/suicide prevention hotlines and warmlines, you can view this list from the Human Rights Campaign Foundation.

This story has been updated with a statement from Marlboro Board of Education President Brian Cohen.

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