New Jersey’s Attorney General on Wednesday filed a civil rights lawsuit against the Hanover Township School District over a policy that his office argues discriminates against LGBTQ students.
In the lawsuit, AG Matthew Platkin contends that Board Policy 8463, adopted by the Hanover Township Board of Education on Tuesday, requires school staff to notify parents of the gender identity and sexual orientation of students.
The complaint asserts that this policy "discriminates against students on the basis of sexual orientation and gender identity or expression" by requiring parental notification for LGBTQ students but not their peers.
It contends that the policy will have a "disparate impact" on LGBTQ students because it will supposedly compel school staff to "out" those children to their parents.
"We will always stand up for the LGBTQ+ community here in New Jersey and look forward to presenting our arguments in court in this matter," said Attorney General Platkin. "We are extremely proud of the contributions LGBTQ+ students make to our classrooms and our communities, and we remain committed to protecting them from discrimination in our schools."
New Jersey Gov. Phil Murphy threw his support behind the AG’s challenge, alleging the policy "violates the rights of our students – jeopardizing their well-being and mental health."
The school district said Platkin is mischaracterizing the policy.
"[A] simple reading of Policy 8463 reveals that it requires school staff members to notify appropriate school administrators and a student’s parents whenever the staff member is made aware of any facts or circumstances that may have a material impact on a student’s physical and/or mental health."
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Such "facts or circumstances" could include the use of alcohol, depression, self-harm, a "preoccupation with anti-social music" or sexual activity.
"Simply put, Board Policy 8463 merely requires that staff members ‘say something to the parents and appropriate school administrators’ if they ‘see something that could adversely affect the social/emotional well-being of a child,’" the district said.
"The Hanover Township Board of Education believes that parents need to be fully informed of all material issues that could impact their children… The Board will vigorously defend this common-sense policy that protects parents' rights and ensure the safety of all school children."
Among its supporters are State Senators Joe Pennacchio and Ed Durr who said Thursday the district "should be applauded for making a real effort to ensure that parents are informed of anything that could impact the mental or physical well-being of their children."
