Sponsored by:
Assemblywoman MILA M. JASEY
District 27 (Essex and Morris)
Assemblywoman VERLINA REYNOLDS-JACKSON
District 15 (Hunterdon and Mercer)
Assemblywoman SADAF F. JAFFER
District 16 (Hunterdon, Mercer, Middlesex and Somerset)
SYNOPSIS
Requires school districts to adopt policies concerning needs of transgender students.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the needs of transgender students in public schools, supplementing chapter 36 of Title 18A of the New Jersey Statutes, and repealing section 1 of P.L.2017, c.137.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. The Legislature finds and declares that:
a. The Law Against Discrimination, P.L.1945, c.169 (C.10:5-1 et seq.) generally makes it unlawful for schools to subject individuals to differential treatment based on race, creed, color, national origin, ancestry, marital status, domestic partnership or civil union status, sex, affectional or sexual orientation, gender identity or expression, disability or nationality.
b. Title IX of the Education Amendments of 1972 (20 U.S.C. s.1681) specifically prohibits discrimination on the basis of sex in federally-funded education programs and activities.
c. Section 1 of P.L.2017, c.137 (C.18A:36-41) directs the Commissioner of Education to establish guidelines to provide direction for schools in addressing common issues concerning the needs of transgender students, and to assist schools in establishing policies and procedures that ensure a supportive and nondiscriminatory environment for transgender students.
d. Accordingly, this guidance was prepared by the Department of Education after a review of policies and guidance from other states and organizations, and in consultation with educators, counselors, school psychologists, advocates, and parents. The intended purpose of this guidance is to help school and district administrators take steps to create an inclusive environment in which transgender and gender nonconforming students feel safe and supported, and to ensure that each school provides equal educational opportunities for all students, in compliance with N.J.A.C.6A:7-1.1 et seq.
e. Communication with the student is paramount. Under the guidance established by the commissioner, schools and school districts are encouraged to communicate openly, albeit confidentially, with students regarding their transgender status or gender identity. Proper communication with the student will ensure that appropriate steps are taken to determine a students preferences and address potential privacy concerns and associated risks to the students well-being.
f. It is altogether fitting and proper to protect transgender and gender nonconforming students by establishing a requirement that school districts adopt policies and procedures that proactively accept, recognize, and respect a students asserted gender identity.
2. As used in this act:
Gender expression means
external manifestations of gender,
expressed through a person's name, pronouns, clothing, haircut, behavior,
voice, or body characteristics.
Gender identity means a person's internal, deeply held sense of gender.
Gender nonconforming means a person whose gender expression does not conform to the gender expectations of their family or community.
LGBTQ means lesbian, gay, bisexual, transgender, and queer or questioning.
Transgender means a person whose gender identity or gender expression differs from those typically associated with the sex and gender assigned at birth.
Transition means the process by which a transgender person recognizes that their authentic gender identity is not the same as the gender assigned at birth, and develops a more affirming gender expression that feels authentic.
3. Notwithstanding any law, rule, or regulation to the contrary, each school district in the State shall adopt policies and procedures to implement the provisions of this act.
4. a. A school district shall accept, recognize, and respect a students asserted gender identity without requiring:
(1) parental consent;
(2) any threshold diagnosis or treatment requirements; or
(3) a legal or court-ordered name change.
There shall be no affirmative duty for any school district personnel to notify a students parent or guardian of the students gender identity or expression.
b. In the event that a parent or guardian of a minor student disagrees with the student regarding the name or pronoun to be used at school and in the students education records, a school district shall consult its board attorney regarding the minor students civil rights and protections under the Law Against Discrimination, P.L.1945, c.169 (C.10:5-1 et seq.). All school personnel and staff shall continue to refer to the student in accordance with the students chosen name and pronoun at school and appropriate school personnel may consider providing resource information regarding family counseling and support services outside of the school district.
c. School districts shall anticipate and be prepared for disputes between a minor student and the students parents and guardians concerning the students gender identity or expression and shall prominently display on their websites in easily accessible locations resources available through advocacy groups and resources from the Department of Children and Families and the Department of Education's "Child Abuse, Neglect, and Missing Children" webpage.
d. School district personnel shall have an open, but confidential, discussion with the student to ascertain the students preference on matters such as chosen name, chosen pronoun to use, and parental communications in order to ensure a safe and supportive environment for transgender students. The purpose of the discussion shall be to:
(1) ensure that a transgender student is addressed at school by the name and pronoun chosen by the student, regardless of whether a legal name change or change in official school records has occurred;
(2) issue school documentation for a transgender student, such as student identification cards, in the name chosen by the student; and
(3) allow the transgender student to dress in accordance with the students gender identity.
e. A school district shall discuss with the student, and any other individuals at the students request, the risks associated with the students transgender status being inadvertently disclosed, including a discussion that the transgender status may be revealed due to other students discussions at home. The school district shall work with the transgender student to ensure awareness of activities and events that may inadvertently disclose the transgender students status.
5. a. Each school district shall adopt policies and procedures to ensure that its schools provide a safe and supportive learning environment that is free from discrimination and harassment for transgender students, including students going through a gender transition. School districts shall review and update their existing policies and procedures, including those regarding classroom activities, school ceremonies, school photographs, and dress codes, to verify that tra