New Jersey school district sued over policy allowing students to change names and gender on records without parents’ knowledge

A wealthy New Jersey school district is facing a federal lawsuit over a policy that allegedly allows students to change their names and gender identities on school records without informing their parents.

The lawsuit targets the Chatham School District, which also allegedly allows students to access bathrooms and locker rooms based on their gender identity without notifying their parents. According to the policy cited in the lawsuit, school guidance counselors have authority to determine “whether, and to what extent” parents should be informed.

The lawsuit was filed Aug. 24 by Moms for Liberty, Moms for America and two anonymous parents of elementary-school-age girls. The plaintiffs argue that the district’s policy violates parents’ constitutional due-process rights under the 14th Amendment.

Moms for Liberty founder and CEO Tina Descovich criticized the policy, alleging that students can also face disciplinary action for refusing to use another student’s requested name or pronouns.

The legal challenge comes months after the U.S. Supreme Court’s decision in Mirabelli v. Bonta, which granted an injunction against California policies that kept students’ gender identities confidential from their parents. The Supreme Court, however, has not ruled on the merits of those policies.

Christopher Ferrara, an attorney with the Thomas More Society representing the plaintiffs, said the Mirabelli case and a related Third Circuit decision establish that parents have standing to challenge policies of this kind.

The Chatham School District has pushed back against the argument that it is legally bound by the Mirabelli decision.

At a school-board meeting in June, board President Ann Ciccareli said the district is required to comply with New Jersey’s Law Against Discrimination, which permits the policy, as well as 2018 guidance from the state Education Department regarding transgender students.

However, New Jersey Attorney General Matthew Platkin has acknowledged that the state guidance is not mandatory, according to NJ.com.

The case places one of New Jersey’s wealthiest and highest-performing school districts at the center of a broader national debate over parental rights, student privacy and how schools handle students who identify as transgender.