NJ Spotlight News
Court hearing over school districts’ parental notifications
Clip: 8/15/2023 | 3m 55sVideo has Closed Captions
Case involves LGBTQ-related rules in Marlboro, Manalapan and Middletown districts
Attorneys for three Monmouth County school districts appeared in court Tuesday, challenging a civil lawsuit by the state. The lawsuit is aimed at stopping the schools from imposing rules that would require teachers to tell a student’s parents about changes in gender identity or expression.
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NJ Spotlight News is a local public television program presented by THIRTEEN PBS
NJ Spotlight News
Court hearing over school districts’ parental notifications
Clip: 8/15/2023 | 3m 55sVideo has Closed Captions
Attorneys for three Monmouth County school districts appeared in court Tuesday, challenging a civil lawsuit by the state. The lawsuit is aimed at stopping the schools from imposing rules that would require teachers to tell a student’s parents about changes in gender identity or expression.
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Learn Moreabout PBS online sponsorshipThe state's lawsuit challenging LGBTQ policies at three Monmouth County school districts went before a judge today.
It's the first court hearing in a case New Jersey's attorney general alleges violates the civil rights of non-binary and transgender students.
The boards of education argue the guidelines defend parental rights Ted Goldberg has the story.
The state AG's office is trying to stop three Monmouth County school districts from imposing new rules that would require teachers to tell a student's parents about changes in gender identity or expression, like requesting different pronouns.
We believe these policies are likely unlawful because they impose a blanket obligation on staff to make parental notifications based on a protected characteristic under the law against discrimination.
Attorneys representing the boards of education in Marlboro, Manalapan and Middletown argued in Superior Court today that these rules actually protect students and follow state guidelines.
We agree perhaps they are a vulnerable student population, and that is the compelling state interest in notifying parents about these issues involving their children.
If the plan in which is developed in Marlboro is ultimately for the student to use the facilities that they identify with, play on, the sports teams they identify with, be called the name of the gender they identify with it, so be it.
That's terrific.
But parents have to be involved.
This case looks to balance a parent's right to know and a student's right to privacy.
Deputy Attorney General James Michael said not all parents are accommodating to different gender identities, and the compelling state interest leans towards students.
There will be irreparable harm to transgender students if these policies are implemented.
Once a student is outed to their parents, the harm is the harm is done.
It's irrevocable and moreover, transgender students with.
With the new policies in place might not even seek out support in school for fear of being outed to their parents.
There is a constitutional right for parents or guardians to oversee the upbringing of their children, I think the state can concede the point, right?
The state did concede that.
And Michael said while teachers shouldn't volunteer information about students gender identity to their parents, they also shouldn't lie if their parents ask.
Superior Court Judge David Bauman had questions about that.
The practical reality is that things is I don't think that type of issue is going to come up as much as the five year old.
But what if it does?
Well, if it does, I think that the we have I think the guidelines that exist at the time you would cover that.
Judge Bauman also asked the defendants about exceptions to the new rules, like if a transgender student thinks they're in danger, if they're outed to their parents, they say we're violating their privacy rights.
They cite statistics that show one could meet with physical violence from their parents.
They say that 40% of transgender students are met with neutral or not very favorable reception.
If 40% of parents are not supportive of me or are neutral, then I would argue that 60% of parents are supportive.
After today's hearing, Judge Bauman said a written decision would come shortly, meaning it's more likely we hear something this week than a few months down the line.
In Freehold, I'm Ted Goldberg, NJ Spotlight News
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