News and Commentary

Proposed DE Education Regulation Allows Children To Self-Identify Gender And Race — And Without Parental Consent

A series of sweeping regulations being considered by Delaware’s Department of Education would allow students to “self-identify” not only their gender but also their race, and it empowers schools not to seek parental consent if the child feels his or her parents might not be “supportive” enough. The law would apply to students of all ages in all public schools in the state.

“All students enrolled in a Delaware public school may self-identify gender or race,” reads section 7.4 of Regulation 225. While the proposed regulation states that administrators “may seek parental consent,” it instructs them only to do so if the children feel that their parents are “supportive” enough.

Here’s the full text of the regulation (note: the term “Protected Characteristic” is defined by the regulation as the “race, ethnicity, color, religion, national origin, sex, gender, sexual orientation, genetic information, marital status, disability, age, gender identity or expression or other characteristic protected by state or federal law”):

7.4 All students enrolled in a Delaware public school may self-identify gender or race which is maintained in eSchoolPLUS.

7.4.1 A school may request permission from the parent or legal guardian of a minor student before a selfidentified gender or race is accepted; provided, however, that prior to requesting the permission from a parent or legal guardian, the school should consult and work closely with the student to assess the degree to which, if any, the parent or legal guardian is aware of the Protected Characteristic and is supportive of the student, and the school shall take into consideration the safety, health and well-being of the student in deciding whether to request permission from the parent or legal guardian.

The state-wide regulation also allows students who identify as the opposite gender of their biological sex to participate in all extracurricular and educational programs offered for that gender, including gender-specific classes on sexuality and all sports.

Below is an excerpt from the section on human sexuality courses:

3.4 Nothing in this regulation shall be construed to prevent School Districts and Charter Schools from providing separately to each gender those segments of a program of instruction dealing exclusively with human sexuality. A student shall have the opportunity to participate in the program of instruction dealing exclusively with human sexuality that is consistent with the student’s gender identity regardless of the student’s assigned sex at birth.

Below is the section on extracurricular activities:

6.2 No student shall be denied the opportunity in any implied or explicit manner to participate in an Extra-Curricular Activity because of the student’s Protected Characteristic(s) except as provided in subsection 6.4. Participation in Extra-Curricular Activities shall be encouraged by each Charter School and School District for all students regardless of their Protected Characteristic(s).

The non-profit Delaware Family Policy Council is trying to raise awareness about the massive governmental overreach and the serious social and political implications of the proposed regulation. Along with starting a petition against the regulation, the organization’s president, Nicole Theis, is publicly, as she puts it, sounding the “5-alarm alert for parents.”

“Regulation 225 violates the right of parents to care for their children without government intrusion. If a student wants to change his/her gender or race, and the school perceives that the student’s parents may not be supportive, the school may bypass the parents (see section 7.3.1 of Regulation 225),” writes Theis. “Regulation 225 fails to protect the privacy and safety of all students. Students may claim or ‘self-identify’ as the opposite gender at any time and have access to the locker rooms, showers, restrooms, overnight accommodations, and any school activity (sports team) that is gender specific. (5.2-6.4)”

Below is her appearance on Fox News in which she discusses the pro-transgender, pro-transracial and anti-parental authority regulation:

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