School districts in New Jersey are taking a stand against the state's ban on informing parents about their children's gender transition.
Hanover Township, which includes Cedar Knolls and Whippany, voted unanimously on Monday to repeal the policy that prevents schools from disclosing this information. It is expected that up to 20 other districts will follow suit.
This move presents a challenge to Governor Phil Murphy's Democratic administration, which has taken legal action to prevent schools from informing parents about their children's gender identity. The district's strategy is based on a revelation made by the state's deputy attorney general during a court case involving Hanover Township and three other districts.
The deputy attorney general admitted that four years ago, Hanover Township, Middletown, Manalapan-Englishtown, and Marlboro districts were mistakenly informed that the ban on informing parents about transitioning children was mandatory, when it was actually just guidance. The districts were under the impression that Policy 5756, which states that there is no obligation for school personnel to notify parents about a student's gender identity or expression, was mandatory.
Earlier this year, all four districts voted to amend the policy so that parents would be informed if their child socially transitioned, such as using different pronouns or a different name, using a different bathroom, or participating in a different sports team. However, before the policy could take effect, the state government sought legal action, accusing the districts of forcibly outing transgender children and increasing the risk of suicide. The state requested an injunction from a judge.
During the hearing against Hanover Township, Deputy AG James Michael revealed that Policy 5756 was not mandatory. This revelation came as a shock to Jacqueline Tobacco, vice president of the Middletown School Board. She explained that the policy was adopted by the previous board because a third-party provider, Strauss Esmay, labeled it as mandatory.
Although the state obtained an injunction after the hearing, the admission that Policy 5756 was merely a suggestion, not a mandate, has provided a new legal avenue for the districts. They can now vote to repeal the policy rather than amend it, allowing them to handle transgender cases on an individual basis.
Lafayette, a small K-8 district, repealed the policy in July without much attention or opposition from the state. Joshua Aikens, the school board president, stated that no one seems to care about their decision. According to Jacqueline Tobacco, other districts plan to follow suit. She stated that she spoke to 18 other districts who intend to simply repeal Policy 5756.
However, it remains uncertain whether Middletown, Manalapan-Englishtown, and Marlboro will be able to repeal the policy since they have been temporarily blocked from implementing their proposed changes. The future of Hanover Township's move also remains uncertain in court due to the injunction.
Middletown schools began considering a policy change approximately a year ago when they discovered that they were using the new names of transgender students but reverting to their birth names on standardized tests. Additionally, if students sought mental health services related to their gender identity, parents were informed that the children were experiencing depression or anxiety. Tobacco explained that the board was told they had to do this and were not allowed to inform parents.
The revised policy, which Tobacco describes as compassionate, only goes into effect if a child publicly declares their social transition and makes changes to their school records, such as using different pronouns or bathrooms. Parental consent is not required.
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