A proposal that would let students in Delaware as young as 5 choose their own race and gender-identity – without approval from their parents – has sparked a bitter battle in the First State. 

On one side are parents who say they want a more welcoming climate for their transgender or non-binary children. On the other side are parents who say the proposal infringes on their basic parental rights.

Under Regulation 225, schools would be required to provide access to facilities and activities that are consistent with a student’s gender identity—regardless of the child’s sex at birth. That includes bathrooms, locker rooms, team sports and adhering to the child’s preferred name. Under the proposal, students could also choose their own race.

What has rankled some parents is that the new regulation does not require schools to inform parents of the child’s decision. Instead, the policy advises administrators to assess the child’s well-being before disclosing the information to the child’s parents.



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