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NJ school district can't out LGBTQ+ students to parents, for now — but no final ruling
By
Louis C. Hochman
Published May 31, 2023
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By
Louis C. Hochman
Published May 31, 2023
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A New Jersey school district’s new policy that could have staffers out LGBTQ+ students to their parents remains on hold, while the state attorney general’s office and district officials try to work out revisions both can agree to.
Monmouth County Superior Court Judge Stuart Minkowitz told the district on Tuesday that he wouldn’t yet rule on a restraining order to keep schools from implementing the policy — which would have the district "immediately, fully and accurately" inform parents when staffers are made aware of any facts that could affect a student’s well-being — until the state’s Division of Civil Rights complaint against the policy could be heard.
The policy lists among the factors prompting parental notification: "sexual activity; sexuality; sexual orientation; transitioning; gender identity or expression." The state attorney general’s office says that violates New Jersey’s Law Against Discrimination and endangers the safety and mental health of students in homes where their sexual or gender identities wouldn’t be welcome. District officials argue that the policy is an important step toward keeping parents informed about issues that affect their children.
But absent any new ruling, the district still can’t apply the policy. The judge issued a temporary injunction just days after the policy was adopted in mid-May, and that remains in effect until he rules on the restraining order.
The judge also hasn’t yet set a date for state officials to return to his courtroom.
The state isn't challenging aspects unrelated to sexual orientation or gender — such as notification of bullying or substance use. The policy additionally requires notice about firearms, peer pressure, school performance, suicide, gang activity, eating disorders, pornography and "preoccupation with antisocial music."
In a hearing on Tuesday, Deputy Attorney General James Michael argued that the district was trying to put "protected classes into policy" as a "reportable" fact, NorthJersey.com reported. Board attorney Matt Giacobbe argued the policy was justified because teachers have to act in place of parents, and questioned state guidance that says schools do not have an “affirmative duty” to inform parents about their students’ sexual orientation.
He also said schools should be able to notify parents if their children appear “withdrawn” because they’re struggling with issues of identity, according to the report.
Under the Hanover policy, if school staff believe disclosures to a parent would put a child in harm’s way, the school would instead notify legal authorities and child protective services.
But Minkowitz criticized the policy as "constitutionally vague," and said it could require teachers to investigate a student’s sexuality, according to the report. He also said it seemed staff wouldn’t have discretion about notification, and could make mistakes about a student’s sexual or gender identity, InsiderNJ reported.
In the past few weeks, districts in Colts Neck, Middletown and Marlboro have proposed policies requiring parents to be notified when students change their gender preferences, pronoun choices or names, according to the Asbury Park Press.
Guidance issued by the state Department of Education in 2018 directs schools to accept students’ asserted gender identities, without any requirement for parental consent. The guidance generally describes a students' transgender status as confidential, but also includes direction for disclosure in the case of a "specific and compelling need, such as the health and safety of a student or an incident of bias-related crime."
In a joint statement earlier this month, Republican state Sens. Joe Pennacchio and Ed Durr described Platkin's challenge as "misguided," and argued that parents should be informed whenever issues relating to their children arise. Durr introduced a bill last year prohibiting any classroom discussion of sexual or gender identity for students in kindergarten through the sixth grade, and requiring parental consent for such discussions afterward. He was the bill's only sponsor, and it never moved forward.
Tagged
education
new jersey
Politics
Louis C. Hochman
After about two decades in (mostly) New Jersey-focused commercial print, digital and digital-but-radio-adjacent news, Lou stumbled into member-supported news in early 2021, as the editor and CEO of Montclair Local. There, he (hopes he) expanded enterprise, brought more sophistication to digital storytelling and moved the nonprofit newsroom closer to long-term financial sustainability. He helped lead the Local to its fourth consecutive General Excellence award from the New Jersey Press Association — the NJPA's highest honor with judges noting the paper's work to strip away layers of government opacity, to hold power to account, to make news accessible for more members of the community, to share the stories and concerns of more facets of the community and to tell compelling stories across multiple media. He's excited to continue the same ethic — news as a public service — at NYPR as the New Jersey and suburbs editor, drawing on the extraordinary talents of reporters including Karen Yi and Nancy Solomon. Lou lives in Philly (that commute!) with his partner and their two cats, about whom and about which he speaks incessantly.
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