Public and advocacy groups press board on transgender student protections and OCR letter

Several members of the public urged the Delaware Valley School District board to follow federal nondiscrimination guidance and to reconsider any policy that singles out transgender or nonbinary students.

Why it matters: speakers said federal Office for Civil Rights (OCR) guidance and federal and state court precedent require schools to protect transgender students from discrimination and that failing to do so exposes the district to legal liability and risks student safety.

What happened and what people said - Multiple public commenters, including Alyssa Terreberry and Michael Donlin, told the board they had contacted the Education Law Center (ELC). Terreberry said the ELC sent a detailed letter of concern to the board (the letter was referenced publicly at the meeting) and that the ELC cited federal and state court decisions making clear that discrimination against LGBTQ+ students is unlawful. She said the letter is available on the ELC website and urged trustees to prioritize student safety over politics. - Student and community speakers argued that policies restricting gender‑affirming supports are dangerous; one student asked trustees to consider “what side of history” they want to be on and said gender‑affirming school environments are linked to lower suicide risk for transgender and nonbinary youth. - Public commenters who oppose district practice were also present and spoke about views on sex and gender; the board heard competing views from community members during the public‑comment period.

Board reaction and administration notes Board discussion reiterated that the district previously entered into an OCR agreement years earlier and that any change in OCR position would come from OCR itself. A board member noted the district’s federal funding is tied to OCR compliance and said the district needs to balance OCR obligations, state guidance, and student safety. Trustees stated OCR determinations are made by OCR and that the board will await further guidance from federal authorities if necessary.

Formal action No policy vote on transgender student policies was taken at the meeting. Several board members said they will review the Education Law Center letter and other materials and consider next steps. Trustees also noted potential exposure to litigation and said they are reviewing counsel’s advice.

Clarifying details - The Education Law Center sent a letter of concern that public commenters said cites federal and state court precedent and warns of potential legal liability if the district fails to follow nondiscrimination obligations; the letter was referenced publicly and is available on the ELC website, according to speakers. - A public commenter asked the board to respond to whether trustees would support a “two‑gender” policy; no policy vote occurred.

Ending The board did not adopt any new policy at the meeting. Trustees said OCR and federal guidance would determine the district’s obligations and that they will review the ELC correspondence and counsel recommendations before making further decisions.