Policy Outing LGBTQ Students In Morris Co. Stalled By Superior Court

HANOVER, NJ — A state Superior Court has temporarily halted the implementation of a new policy requiring school staff to disclose students' sexual and gender identities to parents in the Hanover Township School District.

The policy was approved by the Hanover Township Board of Education on May 16, with all but two board members voting in favor.

The "Parental Notice of Material Circumstances" policy requires teachers to report any facts or circumstances that may have a material impact on a student's well-being due to a variety of factors to parents and school administrators.

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

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

"We are gratified that the Superior Court has temporarily prohibited the Hanover Township Board of Education from implementing its policy requiring school staff to out LGBTQ+ youth to their parents," Platkin said.

According to the lawsuit, the state intends to challenge only the language in the policy on gender identity, and LGBTQ+ students, which it claims violates state law by discriminating against the protected categories of sexual orientation and gender identity.

The state claims that the policy specifically targets transgender students and other LGBTQ+ students by requiring parental notification for LGBTQ+ youth but not their peers.

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.

Hanover Township school officials claim that the policy does not discriminate against students based on gender identity, gender expression, or sexual orientation, but rather requires staff members to notify parents and appropriate school administrators if they notice anything that may jeopardize a child's well-being.

"The Hanover Township Board of Education believes that parents need to be fully informed of all material issues that could impact their children so that they, as parents, can provide the proper care and support for their children," the board said.

The policy will be temporarily halted until the court has an opportunity to hear arguments from the parties on May 30.

"We look forward to presenting our argument to the court," Platkin said.