Lines drawn over student transgender rules

New anti-discrimination regulations for transgender students proposed by the state Department of Education have prompted one Sussex County legislator to threaten legal action.

In July, Gov. John Carney directed Secretary of Education Susan Bunting to create regulations that would prohibit discrimination in educational programs and activities for students – specifically transgender students. Key provisions allow students to identify as the sex that they choose and allow them to play on sports teams according to their sexual identity.

Over the summer, education officials gathered public comment on the new rules, and they recently published draft regulations. The education department will continue to receive public comments in writing until Dec. 4.

The new rules clarify how school districts and charter schools identify students entered in the state student tracking system. They allow students to legally change their name when approved by the court, but also allow a student to select a preferred name “based on a protected characteristic.” The regulations include gender identity or expression as a protected characteristic by state and federal law.

A school can request permission from a student's parent or legal guardian before accepting the preferred name, and, the regulations state, a school official would work with the student to decide whether the parent is supportive of the change.

The school has some flexibility in accepting a student's preferred name depending on the student's safety and health.

On the issue of privacy, the regulations require all public schools provide access to locker rooms and bathrooms that correspond to a student's gender identity or expression.

Participation on sports teams is similar. “A student shall have the opportunity to participate on the team that is consistent with the student's gender identity regardless of the student's assigned sex at birth,” the regulations state.

School districts are required to establish anti-discrimination policy for the 2018-19 school year.

Politicians on both sides of the aisle are weighing in.

Rep. Rich Collins, R-Millsboro, said he is concerned parents could be excluded from decisions on their child's sexual identity.

“Juveniles should have the guidance of their parents to make these types of profound life decisions,” Collins said. “The state should not be inserting itself into this situation and usurping parental authority.”

Collins said he is considering legal action because the proposed regulations lack legal authority. He said Delaware's Gender Identity Nondiscrimination Act of 2013 does not to apply to public education.

The chairman of the Delaware Democratic Party refutes Collins' position. Erik Raser-Schramm said Collins does not understand issues facing transgender students or what it means to be transgender.

“What's important to convey is that the vast majority of Delawareans who care deeply about equality and protecting our kids from bullying can rest assured that Democratic leaders will continue to insist on ensuring safe learning environments for all, including trans kids,” said Raser-Schramm.

Rep. Ruth Briggs King, R-Georgetown, said she encourages parents and guardians to share their opinions.

“Only one community meeting was held in Sussex County, and I imagine more people have questions and concerns about these policy changes than actually were represented at the meeting,” she said.

PFLAG, a Rehoboth Beach support group for parents, families and friends of the LGBTQ community, is also asking people to submit their comments.

Any citizen wishing to express their views can do so in writing before the close of business on Dec. 4. Comments can be mailed to Susan K. Haberstroh, Department of Education, 401 Federal St., suite 2, Dover, DE 19901 or emailed to DOEregulations.comment@doe.k12.de.us.