Heaps v. Delaware Valley Regional High School Board of Education

Amicus brief arguing in support of policies creating learning environments free from discrimination and harassment by respecting transgender students’ preferred names and pronouns.

On September 9, 2025, the ACLU of New Jersey alongside Education Law Center and Garden State Equality submitted an amicus brief in the Third Circuit Court of Appeals in support of school policies that respect the requested names and pronouns of transgender and other gender diverse students. In this case, the school district followed its policy and respected a student’s request to use a different name and pronouns than was listed on their school records. Their parent, who was unaware of the request, sued the school district, arguing that a school must refuse to use a student’s requested name and pronoun without their parent’s consent and are required to out students to their parents, even over a student’s objections. The brief argues that parents have the right to direct the upbringing of their children, but nothing in the Constitution demands that schools have to proactively notify parents whenever a student asks to use a name or pronouns different from those on their school records. Delaware Valley’s policy follows state guidance on best practices for schools and serves the important goal of ensuring students can attend school free of discrimination and harassment. Ultimately, such policies create a healthy school environment that benefits all students regardless of their gender identity._