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Self-Identify gender students under proposed regulation 225

November 21, 2017

In mid-July, Gov. John Carney issued a memo to Secretary of Education Susan Bunting, to develop regulations providing guidance to schools "to prohibit unlawful discrimination in educational programs, and activities for students, on the basis of any legally protected characteristic" including gender.

Under the pending regulation, students enrolled in a Delaware public school would be able to self-identify gender regardless of the assigned sex at birth. Additionally, the proposed regulation does not require school officials to ask for a parent's or guardian's permission before allowing the student to self-identify gender, if by asking for such permission would compromise the student's "safety, health and well-being."

Under the pending rules, self-identify gender students will have the opportunity to participate on the sports team that is consistent with the student's gender identity, regardless of the student's assigned sex at birth; and participate in the program of instruction dealing with human sexuality that is consistent with the student's gender identity, regardless of the student's assigned sex at birth.

Schools would be required to work on providing access to locker rooms and bathrooms that correspond to students' gender identity, regardless of the student's assigned sex at birth.

The proposed regulation may benefit a few but will have detrimental impacts on the majority of the population, and will increase cost, cause friction and increase the number of discrimination lawsuits.

John Cross
Lewes

 

 

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