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. On behalf of our membership, the DSBA expresses concerns regarding the proposed Regulation 225 – the Ani-Discrimination Regulation Policy currently being considered by the Delaware Department of Education. 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 Regulation 225:

  1. The regulation, as currently written, requires local School Boards to adopt policies that have the effect of shifting the legal risk and cost from the State of Delaware to the local School Boards in the event of equal right to access vs. right to privacy Constitutional challenges. The membership of the DSBA asserts that an issue of this political, social and constitutional magnitude should not be regulated into existence, rather, it should receive the full benefit of the legislative process and thus be enacted through legislation.
  2. The regulation, as currently written, requires district School Boards to adopt a policy with specific language that potentially usurps parental rights and therefore forces the school district into a position of possible conflict between the students and their parents or guardians. DSBA member School Boards affirm parental rights and will continue to work closely and collaboratively with parents/guardians in pursuit of the students’ best interests.
    The regulation as currently written requires local School Boards to adopt a policy with mandated language that possibly conflicts with the interests and needs of the community the district serves, thus forcing School Boards to a position of either non-compliance or not representing the interests of their community.
  3. Our position bears repeating – The membership of the DSBA maintains that an issue of this political, societal and constitutional importance must be subjected to implementation through the legislative process, and not through cabinet level regulation and School Board policy. If you have any questions, please feel free to contact John W. Marinucci, Ed.D at 302 678 2265.

Respectfully,

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