Delaware Valley School District reviews 2016 OCR agreement amid federal shifts; attorneys urge wait for federal guidance

The Delaware Valley School District Board of School Directors held a special meeting to review its 2016 Office for Civil Rights (OCR) resolution and hear legal counsel on how recent federal executive orders and regulatory rollbacks could affect that agreement.

The session brought attorneys and district staff together to explain the shifting federal landscape and to answer questions submitted by the public; board leaders said the district has not decided to change any anti-discrimination policies and urged patience while the district seeks clarification from the OCR.

Board President Pam Lehi said the board "has not discussed changing any policies that afford protections to students." Lehi said the district was monitored in 2022 and "was found to be compliant" with its OCR agreement.

Why it matters: the OCR agreement and federal Title IX guidance have shaped local policies affecting transgender and LGBTQ+ students across districts. Changes at the federal level can affect enforcement and potential penalties, and residents at the meeting pressed the board about whether protections would remain and who would bear legal and financial risk.

Attorneys summarized the current legal uncertainty. Brian Taylor, senior counsel from the King's Spry law firm, said several recent executive orders and a rollback of 2024 Title IX guidance have altered the regulatory backdrop and that districts should consider how those changes interact with standing agreements. "We were brought in...to give some overview of what we think that letter means in terms of enforceability," Taylor said of the 2016 agreement.

John Frohn, founding member of King's Spry's education group, told the board that the Office for Civil Rights is the agency that can determine whether the agreement remains binding and advised the board to await OCR guidance before taking substantive action. Frohn said other sources of law remain in force, referencing state protections and relevant case law in the Third Circuit.

District counsel and administrators gave procedural and operational answers. An administration spokesperson told the board that professional development and attorney expenses related to OCR matters totaled $7,551 over the past 10 years. On how locker-room or swim-class situations would be handled, administrators said staff would discuss any case with the student's family and then decide how to proceed to ensure student safety.

On anti-bullying enforcement, administration said it would "enforce gender-based bullying the same way they investigate any bullying" and emphasized that administration can only act on reports that are brought to their attention.

Legal risk and liability were a central theme of the attorneys' remarks. One attorney characterized the OCR agreement as an "extra layer of liability" because a complaint could subject the district both to private lawsuits and to enforcement or penalties from OSC. Attorneys repeatedly said the district remains subject to state law and plaintiff-driven litigation regardless of the OCR agreement's status.

Public commenters pressed the board about equity and burden. Frank Feeley of Milford Borough said relying on private lawsuits places a heavy burden on families. "Putting the onus on families, particularly aggrieved families, not only the financial burden, but the social burden as well...that's a huge burden on individuals," Feeley said.

Board members and counsel said there was no vote to rescind or change policies at the meeting; instead, the board has asked OCR whether the district remains bound by the 2016 agreement and indicated any policy changes would follow the district's usual public-process steps, including workshops and public comment.

Procedurally, the board adopted the special-meeting agenda at the start of the session. No motion to rescind or amend the OCR agreement was taken at the meeting.

The board said it will await a formal response from the Office for Civil Rights and continue to provide trainings to staff. If the district were to consider policy changes in the future, board members said those changes would be presented for public review and comment before any final action was taken.