Trump Administration ends transgender protections at Cape Henlopen, five other school systems

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 into on March 21, 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.

Cape Henlopen School District Title IX Complaint

A FOIA request to the school district showed that the Department of Education's Office of Civil Rights notified Robert Fulton, superintendent of Cape Henlopen School District in 2021, that a complaint had been filed against the school district. The complaint alleged the district failed to address incidents of harassment and discriminated against a student on the basis of the student's identity in 2019, said the letter.

The student made multiple complaints in 2019 of bullying, and were handled in accordance with the district’s bullying policy. One complaint from September 2019 refer to a student telling the other that they were in the wrong bathroom. Another complaint, in the same month, involved a teacher asking if the student was a boy or girl. Overall, the complaints were mostly verbal comments concerning the student's gender identity and transgender status.

Following these complaints, the student stayed home due to the concerns. The district tried to accommodate other in-person learning options, ultimately the family was set on remote education.

The parents and district team members agreed upon placement in a homebound learning setting. They also developed a 504 support plan for the student.

In 2020, the district held a meeting with a family support and education specialist to provide training on gender dysphoria topics. The district’s response included extensive records, such as its Section 504 policy; contact information for civil rights coordinators; Title IX procedures; harassment investigation policies; relevant correspondence; details of complaints filed by the student or family; records of the district’s investigations; and a written response to the allegations.