Committee takes testimony on bill to enumerate protected characteristics and strengthen anti-bullying rules in schools

Senate Bill 78, discussed in the Senate Education Committee, would add enumerated nondiscrimination protections and clarify that identity-based bullying (for example, based on race, sex, sexual orientation, gender identity, protective hairstyles, pregnancy, disability, socioeconomic or housing status and other listed characteristics) is prohibited in Delaware public schools.

Brian Dittmeier, director of public policy for GLSEN, said enumerated policies improve reporting and staff responses. Dittmeier told the committee: “This bill establishes specific statutory prohibitions in the education code for identity based discrimination, inclusive of sexual orientation and gender identity.” He cited research showing that “students in schools with enumerated policies … are 54% more likely to report assault or harassment to school staff, and 39% more likely to report staff's responses effective.”

Nut graf: Supporters and education advocates said explicitly listing protected characteristics in education code will reduce underreporting of harassment and improve school responses; some senators raised questions about terminology, definitional guardrails and potential conflicts with other laws or athletics policies.

Witnesses and questions: Dittmeier and other witnesses emphasized data showing higher reporting and better staff response when policies explicitly name protected groups. Senator Lawson asked for definitions and whether “school” referred to public schools, school districts and charter schools; the sponsor and staff clarified “school means a public school including school districts and charter schools.” Drafting attorney Kate Sell and other staff explained that some terms (for example, items listed in lines 7–12 of the bill) already exist in state code and that the bill would apply Title 14 protections where currently the education code lacks enumerated protections.

Opposition and clarification requests: Several senators asked for more clarity on definitions and implementation. Senator Lawson asked what a protective hairstyle is; witnesses described it as hairstyles such as braids or twists commonly used to protect certain hair types and noted prior legislation (the Crown Act). Senators also asked whether the bill could create obligations exposing districts to legal defense costs if the law is litigated; witnesses and staff said the bill creates statutory protections and that remedies and ultimate interpretation would involve administrative or judicial processes.

Public comment: Supporters included Kendall Massett of the Delaware Charter Schools Network, Jovan Rich of the ACLU of Delaware, Mark Preparara of Equality Delaware Foundation and Linda Barnett of the League of Women Voters; each urged the committee to advance the bill. No formal committee vote on SB 78 was recorded in the transcript.

Ending: Sponsors said they would proceed to questions and public comment; senators asked for additional definitional clarity and expressed concern about enforcement and potential court challenges in areas such as athletics and gender-identity disputes.