NJ court halts Hanover school district policy to tell parents of students' LGBTQ identity

A state Superior Court has temporarily prohibited the Hanover Township Board of Education from implementing a policy that would require school staff to disclose to parents the gender identity and sexual orientation of its LGBTQ+ students.

The order remains in effect until the court can hear arguments from both sides on May 30.

The Board of Education approved the policy Tuesday night in a divided vote. It requires teachers to report to parents and to school administrators "any facts or circumstances that may have a material impact" on a student’s well being because of a range of factors. Gender identity and sexual orientation are among those factors, which include depression, academic and athletic performance, and bullying.

The court order, issued Friday, was made in response to an emergency request filed by state Attorney General Matthew Platkin after he sued the school district Wednesday for implementing the policy, which the state says would effectively require teachers to "out" LBGTQ+ students.

More:NJ attorney general sues Hanover school district over policy on LGBTQ students

The school district has said its policy is not discriminatory and that it will "vigorously defend" itself. Court arguments from the two parties are expected to begin May 30, according to a statement released by the Attorney General's Office.

"We are gratified that the Superior Court has temporarily prohibited the Hanover Township Board of Education from implementing its policy requiring school staff to out LGBTQ+ youth to their parents," Platkin said in a statement Friday evening. "We look forward to presenting our argument to the court."

The state's lawsuit challenges only the inclusion of language in the policy on gender identity, LGBTQ+ and transitioning students, which it says violates state law by discriminating against the protected categories of sexual orientation and gender identity.

Schools in New Jersey are required to accept a student's preferred gender identity and pronouns without parental consent, according to the state's Law Against Discrimination and the state Department of Education's Transgender Student Guidance issued in 2018.

The attorney general's lawsuit says the new policy adopted by Hanover Township not only violates state law but is in contradiction with its own existing transgender student policies.

Staff Writer Kaitlyn Kanzler contributed to this story