New Jersey Appellate Court Ruling on Transgender Student Policy

A recent New Jersey Appellate Division decision significantly affects school districts’ handling of transgender students. Last week, the Court upheld an injunction blocking four school districts from enforcing policies that would require parental notification if a student identified as transgender. This decision is consistent with the state’s commitment to safeguarding the rights of transgender students, and protections under the state’s Law Against Discrimination (“LAD”).

While the case is still pending before the state Division on Civil Rights, this injunction prevents any enforcement of policies that require a parental notification provision. In the meantime, school districts may amend, modify or repeal their policies so long as it omits parental notification and does not conflict with protections under the LAD.

School districts are encouraged to review their policies to ensure compliance with this ruling. Although Policy 5756 is not mandatory, the New Jersey Law against Discrimination requires school districts to provide a supportive and non-discriminatory environment for all students.

For further guidance on how this ruling impacts your district or to discuss how best to protect transgender students, please feel free to contact our office.