Judge blocks Hanover school district's parental notification policy, citing LGBTQ+ privacy

A judge in Morris County has blocked the Hanover Township school district from implementing a disputed policy that would require the district to notify parents of certain student behavior, because the policy could expose LGBTQ+ students against their will.

The policy and similar ones adopted by several other New Jersey school districts are at the center of a legal battle between the state attorney general and those districts over the rights of transgender students.

Superior Court Judge Stuart Minkowitz granted Attorney General Matt Platkin's request for a temporary injunction Friday.

The policy, adopted in May and later revised by the district, required school staff to inform parents if they became aware of any behavior exhibited by children that could have an "adverse impact" on their well-being. The injunction was awarded on the grounds that the policy put LGBTQ+ students at risk of exposure by staff, without the students' consent.

Staff might use "subjective perception" when reporting student behavior to parents, the judge wrote in his ruling. This would be unlawful because factors such as gender and sexuality could influence a decision to report a student's behavior, he said, noting that "the Board has opened the door to differential treatment" of students who are protected under law.

Sundeep Iyer, director of the New Jersey Division on Civil Rights within the Attorney General's Office, sued Hanover in May for implementing the policy and allegedly violating the state's Law Against Discrimination. Gay and transgender students are among several protected categories under the law.

Sought temporary restraint against the policy

Platkin's office requested a temporary restraint against the district's implementation of the policy while a separate lawsuit filed as an administrative complaint against the policy is resolved.

Minkowitz criticized Hanover's policy for using many undefined and vague terms, such as the "necessary steps" staff should take to inform parents. It provided no guidance for staff to follow, he said. It also did not separate teachers from staff in its requirement to report student behavior, where teachers are trained in attending to students needs, unlike some other staff members.

He also wrote that the attorney general's lawsuit was not "targeting parental rights," and rather was addressing the district's potential violations of state law.

Never a 'ban' on parental notification

Platkin's office released a statement saying it was "pleased" with Minkowitz's ruling and assuring districts that it "will never seek a 'ban' on parental notification."

"We are pleased the Superior Court has again prohibited the parental notification policies enacted by the Hanover Board of Education in May 2023 and June 2023 from taking effect while the case challenging these policies is ongoing," the Attorney General's Office said.

The Superior Court found “clear and convincing evidence” that these policies likely violate the New Jersey Law Against Discrimination and that the policies "would result in irreparable harm to students." It said its goal was to "reinstate the status quo that has been in place for years without controversy."

Hanover was the first district in the state to implement a parental notification policy like this, contradicting state-issued guidance on transgender students. State policy does not require schools to inform parents about students' gender identity or expression and expects this information to be treated as confidential except where the law requires disclosure.

Push for greater parental control in public education

Hanover's new policy did the opposite. Created as part of a nationwide movement to push for increased parental control in public education, the policy favored "parental rights" over policies that treat LGBTQ+ students' status as confidential information between school and student.

It required staff to inform parents if they were concerned about kids' behavior around a variety of issues, from eating disorders and depression to sexuality and gender expression. The district later revised the policy to remove any reference to gender, but the attorney general's lawyers insisted that it could still expose gay and transgender kids, because the policy was first crafted with this intent.

Hanover's policy sparked copycat efforts in three school districts in Monmouth County in June. The state sued them, too.

A judge blocked the districts' policies in August, but Minkowitz asked Hanover and the state to work out a policy they agreed upon. The parties failed to do so, and the case dragged on for four months until Friday.

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School board calls it a 'commonsense' policy

The Hanover district's school board said it was "a commonsense" policy that protected parents' rights to know what is going on in their children's lives. During the four-month impasse, Hanover also repealed a years-old "transgender" policy, adopted by most New Jersey school districts after a law signed by Republican Gov. Chris Christie required schools to keep LGBTQ+ students' status confidential.

Minkowitz did not grant the attorney general's request to require the school district to reinstate the Christie-era policy. That policy was not "mandatory," Minkowitz wrote in his ruling. The Law Against Discrimination still applies, and schools are expected to comply, he wrote, whether or not they retain the old transgender policy.

Related: National right-wing groups enter NJ's legal battles with schools over parental rights

Other school boards weighing parental notification language

Meanwhile, a few other school boards are considering policies that require staff to notify parents about children's behavior and repeal the old transgender policies, though most have been careful to specify that notifications should not be based on gender or sexuality.

Districts doing this include Westwood Regional in Bergen County and Sparta Township in Sussex County. The Howell, Holmdel and Hamilton school districts have also moved to pass similar policies, according to reports.

Districts that repeal the old transgender policy "must be mindful" of the law, the Attorney General's Office warned in its statement.

The Hanover Township school district did not immediately respond to a request for comment.

This article originally appeared on NorthJersey.com: Hanover NJ schools parental notification, LGBTQ policy blocked