Father sues New Jersey school district over its refusal to notify parents on student gender issues

A father of three filed a federal lawsuit to block a New Jersey school district’s policy that does not require parental notification when students ask to be called by a different name or pronoun.

Frederick Short Jr. filed the suit against the Cherry Hill School District and the New Jersey Department of Education on Oct. 12, according to ABC 6. The lawsuit claims the policy violates Fourteenth Amendment and Short’s right to “direct the care, upbringing, and education” of his children.

“I think I should know everything my child is doing in school,” Short said, according to ABC 6. “Why does the school have to hide things?”

According to the district’s policy, “the school district shall accept a student’s asserted gender identity; parental consent is not required.”

“In the event a parent objects to the minor student’s name change request, the Superintendent or designee should consult the Board Attorney regarding the minor student’s civil rights and protections under NJLAD,” the policy continues. “School staff members should continue to refer to the student in accordance with the student’s chosen name and pronoun at school and may consider providing resource information regarding family counseling and support services outside of the school district.” 

Cherry Hill’s policy follows the state’s guidelines, which state, “There is no affirmative duty for any school district personnel to notify a student’s parent or guardian of the student’s gender identity or expression.” 

Short hopes to block the state’s transgender guidance and ensure parental notification is required if a child changes gender identity in school, according to New Jersey 101.5.  

Four school districts in the state have already adopted policies that require parental notification despite the state’s guidance. 

Elsewhere, a Wisconsin court ruled in favor of two families who sued the Kettle Moraine School District over its transgender policy.  

“The School District could not administer medicine to a student without parental consent,” Judge Michael Maxwell concluded in his ruling. “The School District could not require or allow a student to participate in a sport without parental consent. 

“Likewise, the School District cannot change the pronoun of a student without parental consent without impinging on a fundamental liberty interest of the parents.” 

The Wisconsin lawsuit alleged one of the plaintiffs’ children asked to be referred to by a different name and pronoun. The middle school’s faculty adhered to the students request, despite the parents’ objections, according to CBS News.  

As a result, the parents pulled their daughter from the school “to avoid daily affirmation of this new identity by teachers and staff,” reported CBS News.  

Alliance Defending Freedom, which represented the two families, said the victory marks a win for parent’s rights and should serve as a warning to other districts with similar policies.  

“Parents’ rights to direct the upbringing and education of their children is one of the most basic constitutional rights every parent holds dear,” ADF Senior Counsel Kate Anderson said in a press release. “Yet we are seeing more and more school districts across the country not only ignoring parents’ concerns but actively working against them.”