The public comment period for this round of changes to proposed regulation 225 is now closed. We will keep you updated when we have a final number of comments submitted and know more about DDOE's next steps. Thank you for all of your efforts!
On the first day of Pride Month the Delaware Department of Education made a new version of proposed regulation 225 available to the public. The revisions include requiring parental consent for transgender accommodations at school and removing model policies that would have given transgender students equal athletic opportunities.
We need to oppose this new version to help protect trans youth by ensuring that this regulation isn’t enacted in its current form.
Make your voice heard between now and July 6 by submitting a public comment to the Delaware Department of Education. To be considered as part of the public record, comments must either be submitted via email to DOEregulations.email@example.com or via mail to the attention of Tina Shockley, Department of Education, 401 Federal St., Suite 2, Dover, Delaware 19901. Out-of-state comments will be accepted! Comments submitted to other email addresses will not be accepted. You can find a sample comment here.
We also need you to tell Governor Carney to take a stand for these vulnerable young people. Call, tweet or email today to let him know that you expect him to step up and protect the civil rights of transgender students. Feel free to use the sample messaging and graphics below.
June 1, 2018 statement by Kathleen MacRae, Executive Director of the ACLU of Delaware:
“Today the Carney Administration announced a rule that will sacrifice the interests of some of Delaware’s most vulnerable young people in order to appease adults who do not believe in protecting the civil rights of people who are transgender. Under the revised, so called school anti-discrimination regulation (14 Del. Admin. C. 225), students who are transgender will not be treated consistent with their core identity or accommodated in any way unless the school requests permission from a parent or guardian.
Transgender students are already at risk of violence in schools and family rejection. This proposed regulation increases the odds that both of these negative impacts will harm more Delaware youth. Students should not be forced to choose between abuse at home or basic dignity at school—such as being called by appropriate gender pronouns or being able to use facilities that match who they are—simply because of widespread ignorance about and bigotry against transgender people.
The revised regulation also abandons its previous commitment to equal athletic opportunities for students regardless of gender and gender identity and deletes model policies that encouraged and protected reporting of discriminatory activity. It fails to explicitly prohibit policies that isolate transgender youth by forcing them into separate facilities, which is known to stigmatize students and encourage bullying. Limiting the ability of trans people to participate in school activities, including sports, also sends the message to them and their peers that they are unwelcome in the school environment, which contributes to negative mental health outcomes and other serious harms.
Regulation 225 is not yet final. The ACLU of Delaware encourages Delawareans to tell Governor Carney that he cannot run from this issue. He must either stand up for these vulnerable students or abandon them. It is his choice.”
Post your support on social media using the graphic & copy samples below:
With Reg 225, Delaware turns its back on trans youth, telling them and their peers they aren’t valued and no one cares if they succeed. Submit your comment today at: DOEregulations.firstname.lastname@example.org. Out-of-state comments welcome. #ProtectTransKids #netDE << Click on graphic to get high-res download.
In its current form, Reg 225 tells schools that it’s ok to discriminate against trans students. Every student deserve an equal chance to learn. Submit your comment today at: DOEregulations.email@example.com. Out-of-state comments welcome. #ProtectTransKids #netDE << Click on graphic to get high-res download.
Should schools stigmatize trans youth, limit their participation in sports or encourage bullying? NO. Every student deserve an equal chance to learn. Submit your comment today at: DOEregulations.firstname.lastname@example.org. Out-of-state comments welcome. #ProtectTransKids << Click on graphic to get high-res download.
DE trans youth are at risk for discrimination, bullying & unequal education. But you can help! Submit a comment today in support of an inclusive anti-discrimination regulation at: DOEregulations.email@example.com. Out-of-state comments welcome. #ProtectTransKids #netDE << Click on graphic to get high-res download.
The Anti-Discrimination Development Team met in January to review comments and accept more public input. Right now, the regulation is at a stand-still, and we need to make sure the development team pushes it through. Anti-LGBT groups and others have opposed this regulation in full-force at every turn; we need to make sure we're heard, too.
We need you to reach out to DDOE's Anti-Discrimination Development team and let them know that you support Regulation 225.
Post or share your support on social media using the graphic & copy samples below:
Transgender students in Delaware are clearly protected against discrimination based on gender identity in public spaces. Why should those protections cease to exist when they walk into a public school? #PassReg225 #netDE High-Res Graphic
Discrimination based on gender identity is a form of sex discrimination that violates federal and Delaware state law. Schools that discriminate against students based on gender identity are breaking the law. #PassReg225 #netDE High-Res Graphic
Transgender students are healthier and do better in school when they are protected from discrimination. #PassReg225 #netDE High-Res Graphic
Transgender students should not be forced to come out to a parent in order to be treated with dignity and respect at school. Students should not have to choose between basic dignity and personal safety. #PassReg225 #netDE High-Res Graphic
Send an email (Anti-Development Team Email List Here)
I am [calling/writing] in support of Regulation 225. I understand that the time for public input has passed, but as you move forward with your decision on this regulation I feel it's important to let you know how vital this protection is for Delaware's transgender students. Thousands of transgender students across the country are protected by policies similar to Reg. 225 that have been seamlessly implemented without problems. Delaware students deserve those same protections.
Using gender-affirming names and pronouns improves mental health and using gender-appropriate restrooms and locker rooms reduces bullying and stigmatization. When treated with fairness and dignity, transgender students are healthier and do better in school.
In most cases, schools and parents should work together to decide what is in each child's best interest. Unfortunately, for some students, coming out to their parents risks violence or abandonment. That's why the rule that allows teachers' discretion on disclosure to parents is so important - no student should have to choose between basic dignity at school and personal safety at home.
Discrimination based on gender identity is a form of sex discrimination that violates federal and Delaware state law. Transgender students in Delaware are clearly protected against discrimination based on gender identity in public spaces. Why should those protections cease to exist when they walk into a public school?
Thank you for your time and consideration, [Name]
DDOE's received over 11,000 comments on the anti-discrimination proposal. The Development Team will reconvene in January for a review of comments and to make recommendations. Stay tuned!
The ACLU of Delaware has submitted our official letter of support to the Delaware Department of Education. To read the full letter, click here.
The ACLU of Delaware urges your immediate action!
Under President Obama, the U.S. Department of Education issued regulations that protected transgender students from discrimination in schools. President Trump rolled back those regulations.
In response, Governor Carney asked the Delaware Department of Education to develop new regulations that would protect all students from discrimination in schools, including transgender students. DDOE has published this proposed regulation, 225: Prohibition of Discrimination, here, and will be accepting public comment until Monday, December 4, 2017.
Anti-LGBT groups have come out in full-force to stop 225 in its tracks. We need you to help push back by submitting your comments, sharing with friends and family, and letting your representatives, senators and school boards know: WE WANT REGULATION 225 TO BE ADOPTED.
You can find a sample comment below, and all comments must be submitted by email or mail no later than Monday, December 4, 2017:
Delaware Department of Education RE: 225 Prohibition of Discrimination 401 Federal Street, Suite 2 Dover, Delaware 19901
Subject: Proposed Regulation 225 Prohibition of Discrimination
Dear Secretary Bunting,
Thank you for your leadership in developing a regulation and model policy to prevent discrimination in Delaware schools. This is a great step forward for our State. It is important for our schools to be places where all students feel safe and accepted for who they are.
I support the immediate adoption of the proposed regulation.
Harassment and discrimination are a couple of the most pervasive, frightening and potentially damaging threats LGBT students face in our public schools. It is vital to ensure that our children have safe, inclusive, and welcoming environments to learn and grow in. There is no limit to the success that can be found when school systems go the “extra mile” to ensure safety and inclusion for all of their students.
Thank you for your dedication to strengthen anti-discrimination protections in our schools.
City and State