Ruling maintains shield for students
Local civil rights groups, LGBTQ+ advocates rejoice
By: Ann Koruth
NorthJersey.com
USA Today Network - New Jersey
..... A state appeals court has ruled in favor of letting policies designed to protect transgender students remain in place after lower courts blocked the K-8 Hanover Township district in Morris County and three other school districts form changing them. Local civil rights groups and LGBTQ+ advocates called the ruling "a major victory."
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However, the appeals court also rule that the state needed to resolve and persecute a separate legal complaint field against the districts by the Attorney General's Office over the same matter in "a timely manner.: It said the state was dragging its feet in it filled when it asked courts to issue immediate orders blocking them from implementing their revised transgender policies.
..... In 2023, all four districts made changes to Policy 5746, a longstanding guidance for school administrators that directs school staff to refer to students based on their gender expression, without requiring the school to notify parents. These polices were adopted between 2015 and 2019.
..... the districts made changes to the policies during a push in many parts of the country and touted by some Republican politicians, including President Donald Trump, for increased prenatal control in public education. The "parental rights" movement has objected to policies that regard LGBTQ+ students' status as confidential information between school and student. Opponents to that movement include civil rights groups and trans-right advocates who say the parental rights should not come at the cost of trans students' safety and privacy, especially in families and settings where they might be in danger of abuse after being "outed."
..... Hanover Township's changes to policy 5756 required school staff to notify parents when their children behaved in ways that could affect their well-being, or have an "an adverse impact" on them. One iteration of the changed policy include students' gender expression as a change in behavior. the Murphy administration responded by immediately suing the district in administrative court, and filing for a court order blocking the policy. The state Superior Court in Morris County responsed with a court order barring the district from implementing its revised policy, while the legal complaint is heard and argued in administrative court.
..... Similar injunctions were handed down to block three Monmouth County districts from implementing their changes to transgender student policies. The courts agreed with the Division on civil Rights that the districts' revised policies violated the state's anti-discrimination law and exposed vulnerable LGBTQ+ students to being outed without their consent.
..... The four school districts appealed the decisions. In November, [2024] their lawyers faced off again with state attorneys form the Division of Civil rights, in front of a three-judge panel in a Newark appellate court. Also presetting arguments for the state were Pro-bono attorneys for Lowenstein Sandler LLP and the ACLU. a Pittsburgh-based group called the center for American Liberty supported the school districts.
..... The appeals court ruled Monday [02/10/2025] that the court-ordered injunction were legal and could stay in place, and that the lower courts have not "abused" their discretion by issuing these orders. The appeals court, hover, said that it ruling"does not involve a determination concerning parental rights." Rather, it simply upheld injunctions sought by Attorney General Matthew Platkin's office against the school boards. it noted that "no parent are parties" to the litigations.
..... The state's Law Against Discrimination treats transgender students as a protected class in places of "public accommodation," including public schools. The appeals court agreed with trial court ruling that the districts' revised policies "singled" out trans students for "disparate" treatment.
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"This ruling affirms what concerned parents across the Garden State want: safe and affirming schools for all students. It also sends a powerful message to transgender and gender diverse youth: your safety, your rights, and your ability to be yourself are not up for debate in New Jersey," said Christina Fuscarino of Garden State equality, an LGBTQ+ rights advocate.
..... Hanover Township, Malnalapan-Englishtown Regional, Marlboro Township and Middletown school districts all changed Policy 5756 in ways that could result in disparateness treatment of transgender students, the state argued in the appeals court. some of the changes, including requiring schools to notify parents if a child request a public accommodation, such as suing a bathroom assigned to a different gender, are discriminatory, the state said.
..... However, the district may sue to have these court-ordered lifted, the appeals court said in its ruling. The injunction blocking them from implementing new transgender student policies were "preliminary" in nature, "because they grant relief pending a final determination on the relevant issues."
..... Eighteen months have passed since the injunction were handed down and since the state filed its legal complaint agonist the districts in administrative court. Judges agreed with the districts' position that they be permitted to apply for these orders to be lifted, if the administrative complaint filed by the state against the districts "are not prosecuted and resolved in a timely manner," they said.
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The New Jersey Education Department and state law direct schools to treat gender expression as a confidential matter to be shared with parents only with the student's agreement or if there is a risk to the student's health and safety.
..... The appeals court decision on Monday [02/10/2025] said that the existing transgender policy does not infringe on the rights of parents to stay informed about their children's gender identity, because parents may request to be notified on any changes to their enrolled children's school records. A change in gender expression is not required to be reflected in school records. "For example, a student;s request to called by a certain name does not require a change to the student's records,"the court said.
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The judges did not agree with the districts' argument that the injunctions violate the Fourteenth Amendment, which protects the rights of parents "to make decisions concerning hte care, costody, and control of their children."
..... It also agreed with the lower courts that Hanover Township's policy requiring school staff to notify parents of "adverse" changes was vague and put unnecessary pressure on them. the revised policy would have subjected "staff to discipline if they fail to correctly interpret [its] vague terms," the Morris County Superior Court said in its 2023 ruling.