DELAWARE K-12 SCHOOLS: Students May Choose Their Race and Gender, and Keep It Secret From Parents

Parents and members of the NAACP are up in arms as the Delaware Department of Education forges ahead to allow students of all ages to self-declare their race and gender without parents’ knowledge or permission.

Under the proposed Regulation 225, schools must keep a student’s professed transition to a different gender or race a secret if students claim their parents are not supportive of that new identity.

Particularly on social media, transgender activists  often address vulnerable teens, informing them to not trust their parents if those parents resist the child’s self-diagnosis of transgenderism. Many transgender activists groom teens to consider adult transgenders and activists their new “glitter” family.

The proposed regulation does not provide for a counselor or therapist to determine if the newly-transgender-identified teen has succumbed to the social contagion of Rapid Onset Gender Dysphoria or has another condition that is causing gender dysphoria, such as Autism Spectrum Disorder.

The proposed regulation requires schools to make gender identity the basis for a student’s access to sports teams, locker rooms, and bathrooms. It also contains a speech code designed to silence all objections in the guise of an anti-bullying policy.

While Delaware DOE officials say the purpose of racial self-declaration is to help biracial children, there is nothing in Regulation 225 to stop white children from declaring themselves black to win scholarships intended to benefit black students. The DOE could have protected biracial children specifically, but did not.

The leaders of the Central Delaware branch of the NAACP and the Delaware State NAACP Conference expressed opposite stands on the idea that race can be self-declared, Delaware Online reports. 

“The fight by those of African descent for equality is fundamentally different than allowing a young child to determine his or her gender,” wrote Lamar Gunn, president of the Central Delaware NAACP, in a letter to Delaware Governor John Carney.

“Further, we find that the subject regulation represents government overreach and infringes on the rights of parents. Moreover, Rachel Dolezal reminds of how unscrupulous individuals can use racial selection to their advantage or personal benefit. For the aforementioned reasons, we oppose Regulation 225 and ask that you stop comparing it to the Civil Rights Movement.

“In stark contrast to allowing children to choose their gender, being born black is an invariable fact. Wherefore, we humbly request you do not approve Regulation 225 as it is proposed.” 

Taking the opposite point of view, Linwood Jackson, president of the Delaware State NAACP Conference said, “No child should have to suffer discrimination at school based on their identity.”

“Self-declaration of identity” regulations, by definition, have no basis in physical reality and cannot be defined without resorting to sexual or racial stereotypes.

Previously, protected classes were based on “immutable characteristics,” those based in physical reality and cannot be changed, include race, sex, and national origin.

Critics argue that creating a protected class based on identification, which may also be called wishing, destroys the legal validity of classes protected on the basis of immutable characteristics. Protecting “gender identity” changes the definition of the word “woman” from a person born with female reproductive organs and XX chromosomes to include men, complete with male reproductive organs and XY chromosomes, just on their say-so.

And as “gender identity” destroys the meaning of “sex” as a protected class, racial self-identification wipes out the meaning of “race” as a protected class.

Delaware Online reports other opponents to Regulation 225  include the professional associations for Delaware school boards and school superintendents, and most Republican members of the state legislature.

“The regulation is blatantly illegal,” says State Rep. Rich Collins, citing the Delaware Gender Identity Nondiscrimination Act of 2013 adds “gender identity” to its list of protected classes, but the law does not apply to public education.

Unlike most regulations, which are written to implement legislation, Regulation 225 is not based on any Delaware law and, instead, was created by a committee at the instigation of Gov. John Carney last July. 

Delaware Secretary of Education Dr. Susan Bunting is expected to approve it.  

Feature image: Gov. John Carney via


Cynthia Yockey covers transgender issues for DANGEROUS and is the author of War in the Women’s Room: How to Get Men in Dresses Out of Women’s Spaces, Save Your Children from Confusion About Their Sex, and Undo the Transgender Coup, forthcoming from DANGEROUS Books.

She came out as a lesbian in 1971 as a student at the University of Michigan and became a fiscal conservative and registered Republican in 2008. Yockey’s research and independent jouranlism is funded entirely by readers. Please help support her work by clicking the Donate button below. Follow her on Twitter @conservativelez




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