Groups urge school districts to reinstate policy on transgender students

The American Civil Liberties Union of New Jersey and Garden State Equality sent letters to 16 school districts across New Jersey this week urging them to reinstate a policy they say protects transgender youth. 

The groups say without this policy — known as policy 5756 — not only are districts open to legal liability, but students and families may believe their schools are not safe and welcoming environments. The policy outlines responsibilities districts have to protect LGBTQ students under state and federal law. 

“School administrators must do everything they can to protect trans kids. As LGBTQ+ rights face renewed threats across the country, New Jersey has a responsibility to lead by example and ensure that students in our state feel safe, supported, and respected,” ACLU-NJ staff attorney Elyla Huertas said in a statement.

The policy, which is not mandatory, says school officials should have open but confidential discussions with their transgender students to ascertain the students’ preferences on their chosen names, pronouns, and parental communications. It was introduced in 2018 after a law signed by then-Gov. Chris Christie directed state education officials to create a policy regarding transgender students.

It came under fire last year when state Attorney General Matt Platkin’s office filed civil rights complaints against four school districts that sought to implement policies requiring school officials to tell parents about the sexual orientation and gender identity of LGBTQ students. Platkin critics said his office was improperly trampling on their rights to know personal details about their children. After state officials conceded during those court fights that policy 5756 was not mandatory, a handful of school districts repealed it.   

“At a time when we are seeing attacks against LGBTQ+ students proliferate throughout the state and country, showing your students that you are protecting them is crucial for their ability to feel safe, supported, and respected in the school environment,” the letter states.

Sparta is among the school districts that received the letter. Its school board president, Kurt Morris, told the New Jersey Monitor that the ACLU-NJ’s concerns are “unfounded” because the district readopted the policy at its December 2023 meeting. Officials from other districts did not respond to requests for comment. 

A letter also went to Union Township’s schools. The district’s board president, Cortney Dominianni-Smith, said school officials there agree with the ACLU that transgender students, like all students, should be treated respectfully and in a nondiscriminatory manner.

“The District has numerous policies protecting the rights of all students, including transgender students and guaranteeing them equal access to all programs and opportunities in the Union Township Schools,” she said.

Studies show that LGBTQ+ youth face higher rates of bullying and harassment at school, and are more likely to be alienated from their families or communities. LGBTQ+ children are more likely to experience housing instability, and are four times more likely to attempt suicide compared to their straight and cisgender peers.

“All of the data show affirming schools are a lifeline for LGBTQ+ students,” said Lauren Albrecht, Garden State Equality’s director of advocacy and organizing. “So when schools don’t know — or outright reject research-backed, educator-approved, and, until recently, uncontroversial guidelines for — how to meet the well-documented needs of these students, it isn’t hyperbole to say lives are at risk.”