Hanover school board's repeal of transgender policy escalates fight with state AG's office

The Hanover Township Board of Education has voted to repeal a policy that included protections for transgender students, escalating the Morris County district's fight with the state attorney general over the privacy of LGBTQ+ kids.

The board's 6-0 vote at an emergency meeting last week removed a policy that had been in effect since 2019. The measure, Policy 5756, required that school faculty accept a student's preferred gender identity and pronouns and said parental notice for any change in gender identity was not required.

Board member Gregory Skiff, in a prepared statement following the Sept. 11 vote, said that the old policy was modeled after recommendations by the state Department of Education that were not mandatory but merely provided guidance relating to transgender students. The board's decision, based on the advice of its policy committee, promotes parental involvement over a child's right to confidentiality regarding gender, he said.

"While it is true that children have rights, there is simply no authority, under the [state] Law Against Discrimination or otherwise, that gives minor children an unfettered right of privacy to the exclusion of their parents," Skiff said.

Skiff and fellow board members Lisa Bomengo, Marc Amoresano, Christine Egbert, Gina Johnston and Lynda Wright voted for the change. Jeffrey Basile, Marcella Wilson and Gina Marie Winkler were absent from the meeting.

Why NJ sued Hanover

The K-8 district is already embroiled in a lawsuit filed by New Jersey Attorney General Matt Platkin. Platkin sued the board in May, shortly after it adopted a new policy, 8463, requiring school staff to inform parents of any changes to their child's gender identity. Platkin alleged that the policy threatened the privacy of LGBTQ+ students and violated New Jersey anti-discrimination laws.

In a tweet in May, Gov. Phil Murphy said: "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."

Hanover later revised its policy to say that parents cannot be notified based solely on characteristics protected under such laws, but Platkin said the language is still unlawfully discriminatory. Because the lawsuit is still pending, the district has been operating under the state-recommended guidelines that existed before this spring.

The state AG asks judge to step in

Platkin, in a letter to Morris County Superior Court Judge Stuart Minkowitz last week, alleged that the Hanover board's repeal violates the court's order to "maintain the status quo" while the litigation is ongoing. He criticized the move as one that "will place Hanover Township students at significant risk."

"By unilaterally repealing Policy 5756, Defendants have removed a critical backstop that protects transgender students from the very harms that the Original and Revised Policies 8463 would impose," Platkin said.

Platkin requested Minkowitz order the board to "abide by the pre-May 2023 status quo" until there is a decision in the case. The court has not acted on the motion.School board attorney Matthew Giacobbe said the parental notification requirements would come into play only if a staff member notices a perceived "adverse effect" on a child's wellbeing. Any assertion that the move was meant to out LGBTQ+ children, he said, is "patently false."

'Parents need to be the ones on the front lines'

The repeal followed more than 2½ hours of public comment. Many speakers praised the board for supporting a parent's role in their children's life and said the move will be beneficial for students.

"If (children) have any emotional, physical, psychological needs, parents need to be the ones on the front lines to assist them. That's the bottom line, that's what the law states, and that's what common sense dictates," said Allan Wright, executive director of the New Jersey Family Policy Center. "Let us not shield parents from their primary duty as educators and those who raise their children."

Others expressed concern that repealing the policy could harm transgender students.

Patricia Martin of Whippany noted the timing of the special meeting, which was held less than a week after a court hearing for the state lawsuit. At the hearing in Morristown, Deputy Attorney General James Michael acknowledged the state guidelines on gender and parental consent were not mandatory.

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"It seems to me that this emergency meeting is more akin to a child on Christmas who can't wait to play with their toys than a true emergency," Martin said. She stated her support for the old policy, which she said "offers teachers, counselors and other school staff important guidance on how to proceed with some very delicate situations and that keeps our children safe."

The board disputed any suggestion that repealing the policy was meant to target transgender students or other at-risk groups. Instead, Skiff said, it was meant to ensure parents are aware of what their children are experiencing.

"Notifying parents about their children's health, safety and well-being is not discrimination. Involved parents do not harm their children; they help them," he said. "These are not controversial concepts. They have guided all public school districts for decades, and they will continue to do so here in Hanover Township."

Kyle Morel is a local reporter covering Morris and Sussex counties.

Email: kmorel@njherald.com; Twitter: @KMorelNJH

This article originally appeared on New Jersey Herald: Hanover NJ schools repeal transgender student policy amid lawsuit