More than two dozen New Jersey school boards have voted to revoke Policy 5756, the controversial state guidance that advises transgender and nonbinary students should not be automatically outed to their families by school faculty or staff. The policy is a prime target of the conservative parental rights movement.
This week both the ACLU of New Jersey and Garden State Equality sent letters to 16 districts urging them to readopt the policy.
“Every student deserves a safe school to learn and grow in. And that’s what this guidance is rooted in,” said Christian Fuscarino, executive director of Garden State Equality.
“And so we just want to make sure that all of these school districts understand that when they revoke these policies, it doesn’t absolve them of their responsibilities,” said Elyla Huertas, staff attorney with ACLU NJ.
Repealing 5756 “leaves school administrators and staff without clear guidance, opening the district to liability, and … it signals to LGBTQ+ students and families within your district that its schools may not be a safe and welcoming environment to all,” the letter reads.
Huertas said that “as LGBTQ-plus students are facing renewed threats across the country, New Jersey has a responsibility to lead by example here and ensure that students are safe and welcome in our schools.”
“I’ve heard from some people that I’m not going to mention that this is perceived as a bullying tactic of Garden State Equality and the ACLU, using legal and threatening language to scare school administrators,” said attorney Bruce Padula, who is in court for two of three Monmouth County school districts that were sued by New Jersey State Attorney General Matt Platkin after they adopted their own policies.
At least three school districts have abandoned efforts to rescind Policy 5756. A recent Rutgers-Eagleton Poll showed that more than half of New Jersey residents think teachers should not be required by law to inform parents about their child’s gender identity.
