Blue State AG Attacks School Board For Policy on Mandatory Parental Notification of Gender Transitions

The New Jersey Attorney General, Matthew Platkin, issued a civil rights complaint on Wednesday against the Hanover Township Board of Education.

This action comes in response to the board’s recent adoption of a policy which requires that parents be informed if their child is transitioning genders at school.

Known as the “Parental Notice of Material Circumstances” policy, this mandate instructs educators to alert parents and relevant school administrators about any potential issues that could negatively impact a child’s social and emotional well-being.

Platkin has alleged that this policy infringes upon the civil rights of students, contending that it discriminates against them based on their gender identity and sexual orientation.

The formal complaint stated: “Policy 8463 will irreparably harm transgender and other LGBTQ+2 students by requiring parental disclosure of their sexual orientation and/or their gender identity or expression without their consent.”

In New Jersey, we will always work tirelessly to protect our LGBTQ+ youth from discrimination. That’s why we’re challenging the Hanover Township Board of Education’s new policy requiring staff to out LGBTQ+ students to their parents. https://t.co/nuT1dKsf5O

— Attorney General Matt Platkin (@NewJerseyOAG) May 17, 2023

The complaint further argued that ‘outing’ students without their consent could lead to serious mental health risks, physical harm, and increased risk of suicides.

It accused the District of failing to uphold its duty to create a safe and supportive environment for all students.

Platkin, in conjunction with the state’s Division of Civil Rights (DCR), has filed an emergency motion, seeking a temporary suspension of the policy while litigation is ongoing.

Under current New Jersey state guidance, school districts must respect a student’s declared change in gender identity.

There is no requirement for parental consent for a student to transition genders at school.

The state advises educators to maintain confidentiality while discussing with students their chosen name, preferred pronouns, and issues related to parental communication.

Hanover Township Board of Education’s new policy requiring staff to “out” LGBTQ students to their parents violates the rights of our students — jeopardizing their well-being and mental health.

I support @NewJerseyOAG in challenging the Board’s policy. https://t.co/7gTKqGc6sr

— Governor Phil Murphy (@GovMurphy) May 17, 2023

In response to the Attorney General’s complaint, the Hanover Board of Education has issued a statement claiming its new policy does not discriminate against students based on their gender identity or sexual orientation.

The board emphasized that the policy extends beyond gender transition to include parental notification of other concerns that may negatively impact a student’s well-being, such as substance, tobacco, and alcohol use.

In a released statement, the Board of Education argued: “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.”

They affirmed their commitment to vigorously defend their policy, asserting that it respects parental rights and prioritizes the safety of all students.

This New Jersey case mirrors a nationwide trend wherein school districts are enacting policies that withhold information about students’ gender transitions from their parents.

Notably, some of the country’s largest school systems, including Los Angeles Unified School District, Chicago Public Schools, and New York Public Schools, have adopted policies that require educators to maintain confidentiality regarding students’ change in pronouns, yet still require parental permission for over-the-counter medication.

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