TRENTON, NJ – The New Jersey Office of the Attorney General and the New Jersey Department of Education have issued a warning in the form of a joint statement to school districts who enact policies counter to the state’s LGBTQ guidelines.
The joint statement issued by Attorney General Matthew J. Platkin and Acting Department of Education Commissioner Dr. Angelica Allen-McMillan serves as an important reminder of the commitment to fostering inclusive and unbiased learning environments in New Jersey schools. The statement addresses the rising tide of bias and hate and emphasizes the need for schools to adopt anti-bias initiatives, policies, and curricula that promote inclusivity and value the identities and experiences of historically excluded communities.
The statement encourages schools, school boards, administrators, educators, students, parents, and the public to continue their efforts in countering bias and discrimination. It emphasizes the importance of displaying inclusive markers, flags, and symbols in and around school buildings, ensuring access to diverse books that represent a variety of experiences and identities, and complying with the state’s anti-bias curricula requirements, which encompass topics related to race, gender, LGBTQIA+, disability, and diversity.
Despite the progressive initiatives taken by many schools, the statement acknowledges the existence of proposals across the country that aim to restrict discussions and staff training on important topics such as race, racism, gender, gender identity, gender expression, and sexual orientation. There have also been attempts to remove symbols or signs expressing support for historically excluded groups and to ban books by and about people of color and LGBTQIA+ individuals. The statement emphasizes that such actions are not in line with the New Jersey Law Against Discrimination (LAD) and its principles of preventing and eliminating discrimination.
The LAD prohibits schools from adopting policies or practices that discriminate against students or staff based on protected characteristics, including race, gender, sexual orientation, gender identity, gender expression, and others. It also prohibits policies or practices that create a hostile environment based on any protected characteristic. The statement clarifies that removing books or symbols representing historically excluded groups could potentially give rise to claims of discrimination or a hostile educational environment.
Importantly, the statement emphasizes that even policies or practices presented as neutral may still violate the LAD if they are adopted with the intent of sending a discriminatory message or if they are applied in a discriminatory manner. For instance, a policy banning all flags and symbolic speech may be considered discriminatory if it is adopted to oppose or exclude specific protected classes, such as Black students, students of color, the LGBTQIA+ community, or others.
In conclusion, the joint statement reaffirms the commitment of the New Jersey Division on Civil Rights (DCR) and the Department of Education (DOE) to uphold the principles of the LAD and promote inclusive and non-discriminatory educational environments. It serves as a reminder to schools, administrators, educators, and the public that fostering an atmosphere of respect, diversity, and acceptance is not only important but also required by law.