DELAWARE - Cape Henlopen School District is among six school systems affected by the U.S. Department of Education’s Office for Civil Rights rescinding provisions of resolution agreements from prior administrations.
These rules, called resolution agreements, told schools to do things like let students use their preferred names and pronouns and allow them to use bathrooms that match their gender identity. The department says these rules were not legally required and placed unfair burdens on schools.
The department said the move frees schools from what it called “illegal and burdensome enforcement of Title IX of the Education Amendments of 1972,” including previous requirements related to students’ preferred names, pronouns and bathroom access.
The Cape Henlopen School District told CoastTV that it had "received correspondence from the U.S. Department of Education’s Office for Civil Rights regarding the resolution agreement entered in March 2024."
The school went on to say, "As always, we are committed to providing a safe and supportive learning environment where all students can succeed. We will continue to work collaboratively to ensure our practices and programs support the well-being, growth, and achievement of every student in our district."
According to the department, prior administrations “distorted the law contrary to its plain meaning to police discrimination on the basis of ‘gender identity,’ not sex” and imposed agreements without a legal foundation. Schools were cited for actions such as “improper use of preferred pronouns” or asking questions about a student’s preferred gender.
“The Trump Administration is removing the unnecessary and unlawful burdens that prior Administrations imposed on schools in its relentless pursuit of a radical transgender agenda,” said Assistant Secretary for Civil Rights Kimberly Richey. “No longer will the federal government force educational institutions to violate the law or punish them for upholding it.”
The Office for Civil Rights is rescinding portions of six resolution agreements. The affected districts and schools are:
- Cape Henlopen School District
- Delaware Valley School District
- Fife School District
- La Mesa-Spring Valley School District
- Sacramento City Unified
- Taft College
The department said Title IX protections are based on sex, and therefore the districts are not in violation of the law. It also cited a federal court ruling in January 2025 that set aside the Biden administration’s 2024 Title IX rule, which expanded protections to include gender identity. Upon taking office, the Trump administration returned to enforcing its 2020 Title IX rule, which focuses on protecting students from discrimination based on biological sex.