NJ school district can't out LGBTQ+ students to parents, for now — but no final ruling

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NJ school district can't out LGBTQ+ students to parents, for now — but no final ruling
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A New Jersey school district’s new policy that could have staffers out LGBTQ+ students to their parents remains on hold, while the state attorney general’s office and district officials try to work out revisions both can agree to.

Make your contribution now and help Gothamist thrive in 2023.A New Jersey school district’s new policy that couldremains on hold, while the state attorney general’s office and district officials try to work out revisions both can agree to.

Monmouth County Superior Court Judge Stuart Minkowitz told the district on Tuesday that he wouldn’t yet rule on a restraining order to keep schools from implementing the policy — which would have the district "immediately, fully and accurately" inform parents when staffers are made aware of any facts that could affect a student’s well-being — until the state’s Division of Civil Rights complaint against the policy could be heard.

The policy lists among the factors prompting parental notification: "sexual activity; sexuality; sexual orientation; transitioning; gender identity or expression." The state attorney general’s office says that violates New Jersey’s Law Against Discrimination and endangers the safety and mental health of students in homes where their sexual or gender identities wouldn’t be welcome.

But absent any new ruling, the district still can’t apply the policy. The judge issued a temporary injunction just days after the policy was adopted in mid-May, and that remains in effect until he rules on the restraining order.The state isn't challenging aspects unrelated to sexual orientation or gender — such as notification of bullying or substance use.

In a hearing on Tuesday, Deputy Attorney General James Michael argued that the district was trying to put "protected classes into policy" as a "reportable" fact,

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