The Delaware School Boards Association (DSBA) is a public education advocacy organization that represents the school boards of 16 of the 19 Delaware school districts. Please consider this correspondence as an update to our previous position regarding proposed Regulation 225 dated November 17, 2017. On behalf of our membership, the DSBA continues to express concerns
regarding the proposed Regulation 225 as recently amended and re-issued for public comment. We wish to again make it clear that while the membership of the DSBA does not condone, tolerate or accept any form of discrimination against any student or staff member for any reason, we do, however, tender the following concerns regarding the amended proposed Regulation 225:

  1. The regulation, as currently amended, requires local School Boards to adopt policies that have the effect of shifting the legal risk and cost of Constitutional challenges from the State of Delaware to the local School Boards in the event of equal right to access vs. right to privacy Supreme Court challenges.
  2. The membership of the DSBA re-asserts that an issue of this political, social and constitutional magnitude should not be affected through executive fiat, rather, it should receive the full benefit of the legislative process and thus be enacted through legislation.
  3. The regulation, as currently amended appears to have resolved the DSBA memberships’ concerns of usurping parental rights. Thank you for hearing our concerns and making adjustments. The DSBA member School Boards re-affirms our collective commitment to parental rights and will continue to work closely and collaboratively with parents/guardians in pursuit of our students’ best interests.

The DSBA position bears repeating – The membership of the DSBA maintains that an issue of this political, societal and constitutional importance must be implemented through the legislative process, and not through cabinet level regulation and School Board policy. We therefore request that action regarding this proposed Regulation be stopped and the issue taken-up by the State of Delaware Legislature. If you have any questions, please feel free to contact John W. Marinucci, Ed.D at 302 678 2265.


Ralph Ackerman
President, DSBA

John W. Marinucci, Ed.D
Executive Director, DSBA