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N.J. attorney general and school districts are waging a legal battle over transgender policies. Here’s what to know.

The thorny issue mirrors a growing national trend to roll back LGBTQ+ rights that was amplified by Friday’s Supreme Court decision that limited protections.

A 200-foot-long LGBTQ+ pride flag is unveiled on Independence Mall to kick off Pride month.
A 200-foot-long LGBTQ+ pride flag is unveiled on Independence Mall to kick off Pride month.Read moreAlejandro A. Alvarez / Staff Photographer

Should New Jersey schools be required to tell parents if their children have changed their gender identity?

A handful of districts in the state have adopted policies that require parental notification; opponents say the policies unfairly out students. In the meantime, New Jersey Attorney General Matthew J. Platkin believes the action discriminates against gender-nonconforming students and has filed legal action to block districts from implementing the policies.

The thorny issue mirrors a growing national trend to roll back LGBTQ+ rights that was amplified by Friday’s Supreme Court decision that limited protections. One local district has delayed voting on a similar policy while the legal battle continues in New Jersey courts.

Here’s an update and what to know about the controversy:

What are the policies at issue?

The policies, if implemented, generally would require school staff to notify parents when gender-nonconforming students wish to change their names at school, be called by different pronouns, or request other accommodations. In some cases, parents at odds with their children could overturn those requests and decide the pronouns used. Students could lose access to school facilities — bathrooms and locker rooms — based on their gender identity.

How many districts have adopted the policies?

So far, at least four school boards have adopted policies that have been challenged by the state attorney general. They are: Hanover Township Public Schools in Morris County; and the Marlboro Township School District, Middletown Township School District, and Manalapan-Englishtown Regional School District, all in Monmouth County.

A fourth Monmouth district, Colts-Neck, postponed a vote Wednesday night on a similar policy, pending the outcome of the legal challenge.

(It is not clear whether any South Jersey districts are considering such policies.)

Why is the attorney general seeking to block implementation of the policies?

In a court filing, Platkin contends the policies violate the New Jersey Law Against Discrimination by subjecting LGBTQ+ students to differential treatment, requiring notification for them but not their peers. State law prohibits against discrimination on the basis of gender identity or expression, he said.

What do these districts say?

Districts believe the state has wrongly interpreted their policies intended to protect students from bullying and harassment and have vowed to fight back in court. They say parents have a constitutional right to decide the upbringing of their children.

What is the state doing while the case plays out?

In a joint statement for schools and parents, Platkin and acting State Education Commissioner Angelica Allen-McMillan this week issued guidance that says schools “shall ensure” students be addressed by their preferred names and pronouns, be allowed to dress “in accordance with their gender identity” and that “parental consent is not required” for the district to accept the student’s “asserted gender identity.”

Platkin also announced Friday that the Division on Civil Rights has found probable cause in the case of an identified Monmouth County teacher allegedly banned from talking with students about their gender identity and told not to wear a pin indicating their preferred pronouns. The investigation found sufficient evidence “to support a reasonable suspicion” that the school discriminated against the teacher because of their gender identity and/or expression. The district was not disclosed.

What happens next?

The state Division of Civil Rights filed administrative civil rights complaints against the districts and has requested temporary and preliminary injunctions to block them from implementing the policies until the cases are heard. A hearing is set for Aug. 15 in Superior Court in Monmouth County.