Contested LGBTQ Policy Debated By State, Morris County School

HANOVER, NJ — The attorney general of New Jersey and the Hanover school board have been asked to reach an agreement on a contentious policy that some claim targets LGBTQ students.

The court order preventing the Hanover Township school district from implementing a policy requiring teachers to disclose to parents LGBTQ students' gender identity and sexual orientation will remain in effect.

The initial court order temporarily blocking the policy was issued earlier this month in response to a request filed by state Attorney General Matthew Platkin after he sued the school district.

On May 30, the two parties appeared before State Superior Court Judge Stuart Minkowitz, who, according to NJ Advance Media, asked the parties to come to an agreement on policy revisions while he deliberated.

If the two parties cannot reach an agreement, Minkowit will issue a ruling, but no timetable was given.

"We were grateful for the opportunity to present our arguments to the Superior Court, and we look forward to the Court’s decision," the Office of the Attorney General said.

The court order stems from a policy passed by the K-8 school board on May 16 requiring all school staff to notify parents about potential concerns regarding students, including their sexual orientation, gender identity and gender expression.

The policy mentions a number of other factors, including bullying, self-harm, athletic and academic performance and illegal activity.

The day after the policy was passed, Platkin's office requested an emergency restraining order against implementing it in the K-8 school district.

According to the order, the policy violates state law and contradicts its existing transgender student policies. 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.

Read more: LGBTQ Policy Gets Morris County School Sued

According to the Hanover Township school district's attorney, Matthew J. Giacobbe, the policy would protect a child's safety and keep their parents informed, and the state's complaint is based on a "complete mischaracterization of the policy."

Giacobbe also claims that the state has failed to make a clear and convincing case for the policy's alleged disparate impact on LGBTQ students, citing the fact that their only evidence for the harms they claim will befall LGBTQ students is a series of generalized articles rather than any concrete, specific evidence.

Officials from the Hanover Township Board of Education did not respond to Patch's request for comment.

The state has stated that they are not contesting the policy's parental notification requirements for several of the categories listed, only those that allegedly violate the Law of Discrimination.

"The requested injunction would not prevent school staff from notifying parents about concerns unrelated to LAD-protected characteristics, nor would it prevent school staff from reporting illegal activity, firearms, or other comparable concerns to the appropriate authorities," Platkin's office said.

According to NJ Advance Media, the judge encouraged the lawyers to revise the policy and to request more time if the conversations were successful until they reached an impasse.