The US Department of Education rescinded portions of Title IX resolutions with 5 school districts nationwide- including Cape Henlopen School District.
One other rescinded agreement was with a secondary-education institution, Taft College in California.
DOE says the move will “free the school district from illegal and burdensome” Title IX enforcement, mainly focusing on non-compliance issues schools had encountered concerning gender identity discrimination.
In 2024, changes to the definition of sex discrimination in Title IX was broadened to include “sex stereotypes” and “gender identity”, which meant things like misgendering students was counted as discrimination.
A DOE statement said that change had no legal basis, arguing it was instead based on the Biden Administration’s “relentless pursuit of a radical transgender agenda.” They added Title IX rules are based around sex and not gender identity.
Cape Henlopen said in a statement it did receive communication from the U.S. Department of Education’s Office for Civil Rights about a change to their Title IX rules entered in March 2024.
It's not immediately clear what item in particular the DOE is concerned with- the last incident from Cape Henlopen requiring DOE agreement was in June 2024 regarding a complaint concerning a school bus aide who allegedly assaulted disabled students both emotionally and physically.
That agreement falls under Title II of the Americans with Disabilities Act of 1990.
The district added that it will still work collaboratively to ensure that their district supports “the well-being, growth, and achievement” of every student in their district.
Cape Henlopen’s current school board policy does include gender identity protections against harassment or discrimination.
