Dear Board Members,
I am writing to urgently address concerns regarding Policy 5756. Contrary to popular belief, this policy is neither a law nor a mandate. It was intended as guidance, yet its implementation has misled school districts across New Jersey into treating it as compulsory. This misinterpretation was clarified by the New Jersey State Attorney General Platkin, who stated in court: “It is not a law nor a mandate, but merely a guidance."
The most alarming issue with this policy is its infringement on parental rights—rights that are fundamental and safeguarded by the 14th Amendment. Parents are granted inalienable rights concerning their children's education, healthcare, religion, and ideology, rights that no policy or guidance should override. Notably, your district's own parental rights policy (9240) supports this stance.
Currently, while minors require parental consent for basic activities like sports or field trips, this policy permits them to make life-altering decisions without their parents' knowledge or consent, facilitated by school staff. This not only breaches constitutional rights but also deviates from the factual basis and biology, potentially causing irreversible psychological and physical damage to children.
This approach exposes your district to significant legal risks, as evidenced by recent rulings:
A federal judge in California declared that preventing parental notificaion of the gender transition of a child is unconstitutional, citing violations of the 1st and 14th Amendments. Read more.
In Wisconsin, a similar policy was struck down for infringing the 14th Amendment. Read more.
A New Jersey law firm has initiated a lawsuit against a school district for violating parental rights, indicating readiness to escalate this to the Supreme Court if necessary. Read more.
Those responsible for maintaining this policy could be held accountable for any resultant harm to children, both directly and indirectly.
Given that many children who experience gender dysphoria may require mental health services rather than assistance from school staff in transitioning socially, it becomes clear that Policy 5756 lacks a factual, rational, ethical, or legal foundation.
A growing list of districts have recognized this and have already abolished the policy:
Hanover, Colts Neck, Old Bridge, Holmdel, Howell, Lacey, Lafayette, Millstone, Sparta, Sussex-Wantage, Matawan-Aberdeen, Union Township, Franklin Township, Freehold Township, Long Valley, Kinnelon, Bernards Township, Washington Township (Morris County), Vineland, Montague Township, Franklin Lakes, Oakland High School, Wyckoff High School, Monroe Township (Gloucester County), and Roxbury.
Many more will be coming after the recent swearing-in of numerous newly elected board members who support parental rights.
As a concerned parent, I am committed to advocating not only for my children but for all children across the state. We are collaborating with districts statewide to safeguard our children and protect our parental rights.
I urge you and your fellow board members to perform due diligence and repeal this deeply flawed, unlawful, and unethical policy to preserve the innocence of children and ensure full parental involvement.
Thank you for considering this critical issue.
Wow!! Great letter
Thanks!
A district will make it policy for staff so that their job is on the line for violating district policy if they don’t comply. That is how they get around the law.