On Monday night the Hanover Board of Education, during a long and raucous public meeting, voted to “immediately repeal” a policy it passed in 2019, Policy 5756, that protects the rights of transgender students. Under new guidance from the Murphy Administration’s Department of Education, school staff may not inform parents if a student says they’re questioning their gender identity (unless the student’s health or safety is at risk) and this has created much vitriol from those asserting “Parental Rights.” In response, the school board passed Policy 8463 in May called “Parental Notice of Material Circumstances,” which, the board says, requires that “staff members “say something to the parents and appropriate school administrators,” if they “see something that could adversely affect the social/emotional well-being of a child.” This list of “adverse” effects include “sexuality; sexual orientation; transitioning; gender identity or expression.”

In response to the passage of Policy 8463, NJ Attorney General Matthew Platkin and Director of NJ Division of Civil Rights Sundeep Iyer issued a lawsuit charging Hanover Township Board of Education and Hanover Township Public Schools with “unlawful discrimination in violation of N.J.S.A. 10:5-12(e) and (f) of the New Jersey Law Against Discrimination (“LAD”), N.J.S.A. 10:5-1 to -50.”

From the lawsuit:

“Policy 8463 will irreparably harm transgender and other LGBTQ+2 students by requiring parental disclosure of their sexual orientation and/or their gender identity or expression without their consent. “Outing” LGBTQ+ students against their will poses serious mental health risks; threatens physical harm to students, including risking increased suicides; and shirks the District’s obligation to create a safe and supportive learning environment for all. Indeed, LGBTQ+ students in New Jersey and elsewhere have died by suicide after being outed.”

At the school board meeting on Monday evening Hanover Board of Education member Gregory Skiff said, “Our view is that Policy 5756 without the benefit of Policy 8463 is unacceptable in its current form. With no practical ability to modify it without potentially subjecting the board to further legal action by the attorney general, we have no choice but to reject it in its entirety.”

This leaves the district without any policy protecting the rights of transgender and LGBTQ students.

NJ Spotlight reports that, like many NJ school districts, Hanover relies on a company called Strauss Esmay to write policies mandated by state and/or federal law. Districts are free to adjust the language but, when it comes with an “M” in the top corner, many don’t bother to tinker with it. Hanover’s attorney claims Strauss Esmay miscoded this specific policy as mandatory. “There was a widespread effort to misrepresent to school districts statewide that 5756 was mandatory. Districts reasonably relied on those misrepresentations and adopted it,” Hanover school board member Skiff said at the meeting on Monday.

The Murphy Administration is also suing Manalapan-Englishtown, Marlboro and Middletown school districts.

Here is the Hanover School Board Resolution approved Monday night:

Resolution to Immediately Repeal Board Policy 5756 in accordance with Board Bylaw 0131:

Whereas, the Hanover Township Board of Education is involved in litigation challenging certain aspects of the Board Policy 8463 and its accompanying Regulation; and

Whereas, during the oral argument on Wednesday, September 6, 2023, Deputy Attorney General James Michael specifically advised the Honorable Stuart Minkowitz, A.J.S.C. that Board Policy 5756 is not a mandatory policy; and

Whereas, the Honorable Stuart Minkowitz, A.J.S.C. apprised the parties that Board Policy 5756 is not before him for consideration; and

Whereas, the current Temporary Restraining Orders Issued by the Honorable Stuart Minkowitz, A.J.S.C. on May 18, 2023 and August 24, 2023 temporarily enjoins and restrains implementing and/or giving effect to both Board Policy 8463 and revised Board Policy 8463 until such time as the Court renders a decision on plaintiffs’ motion for preliminary restraints; and

Whereas, the Hanover Township Board of Education recognizes that it must comply with the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 et seq., which prohibits all forms of discrimination and affords all students, staff and visitors statutory protection from any form of discrimination; and Whereas, the Hanover Township Board of Education recognizes that it must comply with the New Jersey Anti-Bullying Bill of Rights Act, N.J.S.A. 18A:37-13 et seq, which prohibits all forms of harassment, intimidation and bullying and affords all students statutory protection from same;

Now There Be it Resolved that the Hanover Township Board of Education, based on the recommendation of the Hanover Township Board of Education’s Policy Committee, immediately repeals the nonmandatory Board Policy 5756 in accordance with Board Bylaw 0131; and

Be it Further Resolved that the Hanover Township Board of Education will reaffirm the immediate repeal of the non-mandatory Board Policy 5756 at its next regular Board of Education meeting on September 26, 2023 in accordance with Board Bylaw 0131; and

Be it Further Resolved that the Hanover Township Board of Education will continue to fully comply with the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 et seq. to ensure that all students, staff and visitors are not subject to any form of discrimination; and

Be it Further Resolved that the Hanover Township Board of Education will continue to fully comply with the New Jersey Anti-Bullying Bill of Rights Act, N.J.S.A. 18A:37-13 et seq, to ensure that all students are not subject to any form of harassment, intimidation and bullying.