LGBTQ Policy Gets Morris County School Sued

HANOVER, NJ — The state of New Jersey's attorney general has filed a civil rights complaint against the Morris County School District, seeking to halt a policy requiring school staff to disclose students' sexual and gender identities to parents.

The complaint was announced on Wednesday, May 17, and targets the Hanover Township school district over a policy adopted on Tuesday night by the Hanover Township Board of Education.

According to the complaint, the policy discriminates against students based on sexual orientation and gender identity or expression, specifically targeting transgender students and other LGBTQ+ students and requiring parental notification for LGBTQ+ youth but not their peers.

"Because the policy requires school staff to 'out' LGBTQ+ youth to their parents, it exposes them to severe harm to their safety and mental health," Attorney General Matthew Platkin wrote in a statement.

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

According to the complaint, Hanover Township's new policy violates state law and contradicts its existing transgender student policies.

The school district implemented the "Parental Notice of Material Circumstances" policy, which requires teachers to notify parents of any circumstances that may have an impact on a student's well-being due to a variety of factors such as bullying, unlawful activity, self-harm, athletic and academic performance and gender identity.

In addition to filing an administrative civil rights complaint, the state has also filed a motion in Superior Court seeking temporary restraints and a preliminary injunction against the policy's implementation.

The lawsuit against the school district and its board of education asks the Morris County Superior Court for an order of temporary restraint to prevent the district from implementing the policy while its legal challenge is pending.

"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.

During the Tuesday board meeting, Patricia Martin, a local resident and school counselor, spoke up, voicing concerns about the policy.

"In order not to discriminate, wouldn't a staff member be required to contact the parents for any student? My born as a boy comes to school dressed as a boy, and you catch him holding a girl's hand," Martin said. "I expect I should get a phone call about his gender expression and sexual orientation, or is it just the gay kids we're looking out for?"

Martin also questioned how the policy will affect school counselors, as they have an ethical duty to protect the confidentiality of their students.

"I fear that this policy will have dire unintended consequences for our schools," Martin said.

Hanover Township school officials claim that the policy does not discriminate against any student based on any protected status.

"Simply put, Board Policy 8463 merely requires that staff members 'say something to the parents and appropriate school administrators,' if they 'see something that could adversely affect the social/emotional well-being of a child,'" the school district said.

The district stated that they plan to"vigorously defend this common-sense policy that protects parental rights and ensures the safety of all school children."

Gov. Phil Murphy took to social media to show his support for the Attorney General's challenge, saying that the policy "requiring staff to 'out' LGBTQ students to their parents violates the rights of our students — jeopardizing their well-being and mental health."

On Thursday, Senators Joe Pennacchio and Ed Durr expressed their support for the policy, saying that "Hanover should be applauded for making a real effort to ensure that parents are informed of anything that could impact the mental or physical well-being of their children."

“We will always stand up for the LGBTQ+ community here in New Jersey and look forward to presenting our arguments in court in this matter,” Platkin said.