17 Who Had An Impact In 2017: State Rep. Rich Collins

The first time I heard anyone going off about what eventually became Regulation 225 was State Rep. Rich Collins. A couple of months ago, the Republican State Rep. from the 41st district lashed out against the Delaware Department of Education over the draft for the regulation. He did not like that parental rights were seemingly violated in this gender identity discrimination regulation.  Which started off more controversy in Delaware than I’ve seen in a long time. It probably got more response than opt out did. Which I find to be a crying shame cause I think, in the long run, that is a much more important issue. But I’m biased like that. Not ashamed to admit it. But I digress…

Collins fired the shot heard around Delaware. From there, the regulation continued to find many who opposed it. The final day for public comment on it was today, at 4pm. It is now in the hands of Delaware Secretary of Education Dr. Susan Bunting. Will she approve it? Disapprove it? We will find out soon. Perhaps as early as December 14th, the next State Board of Education meeting. I would guess she will hold onto it for a little while. Or maybe Carney just wants it over as soon as possible, one way or another.

The part about Collins’ role in all this was he isn’t a state rep I’ve found to get involved in many education-related things. I guess this one hit home for him in his neck of the woods.

Delaware Politics Explodes With Regulation 225

When Regulation 225 hit the Delaware Registrar of Regulations on November 1st, it sparked a firestorm that will get more controversial by the day.  The regulation is causing a furor among Republican groups.  Legislators are receiving phone calls and emails from constituents who are vehemently opposed to the regulation.  What is the controversy?  Continue reading

State Rep. Rich Collins Is Not Digging Gender Expression Regulations

It looks like State Rep. Rich Collins is taking aim at proposed regulations dealing with gender discrimination according to the weekly newsletter from the Republican Caucus of the Delaware House of Representatives.  I felt the need to redline this because there are some points I agree with and some I don’t.

State Lawmaker Says Proposed Education Regulations Could Violate Parental Rights, Spark Lawsuits
A proposed anti-discrimination policy and regulations that could soon be applied to Delaware public schools are raising questions and concerns.
I’m sorry, but how often does Rep. Collins take an active role on education issues in the General Assembly?  How much education legislation has he put forth?  I think this has more to do with transgender issues than potential legality of the Governor’s actions.  Cause if Collins wants to poke holes at legality in state code, I can think of a few dozen issues that need the spotlight more than this.
“It opens Pandora’s Box,” said State Rep. Rich Collins, R-Millsboro.  “It has the potential to twist schools up in knots.”
A little overdramatic there.
The process began in mid-July with the issuance of a brief memorandum from Gov. John Carney to Sec. of Education Susan Bunting.  In the memo, the governor directed the agency to promulgate regulations providing clear guidance to schools “to prohibit unlawful discrimination in educational programs, and activities for students, on the basis of any legally protected characteristic.”
This is Executive Overreach.  Something Carney does very well.  He has been doing this a lot lately. 
The memo set a deadline of November 1st for the proposed rules to be posted in the Delaware Register of Regulations, a needed step preceding implementation.
If you ask me, any regulation should be based on a bill passed by the General Assembly and signed by the Governor.  No questions asked. 
Four “community conversations” were held — one in each county, and one in the City of Wilmington — to gather public input.
These community conversations are usually poorly attended.  The results of these meetings are predetermined as usual.
State Rep. Ruth Briggs King, R-Georgetown, attended the Sussex County event last week.  She said the meetings – which all took place between 6:30 p.m. and 8 p.m. over a period of just ten days – were, perhaps intentionally, inconveniently staged for parents to participate.  “They were held when families are collecting students from school activities, having dinner and assisting with homework,” she said.
I like Rep. Briggs King.  But my question would be when is an opportune time?  When parents are at work?  Is after 8pm better when parents are trying to get kids to bed?  I would say sufficient notice and having schools send out robo-calls paid for by the state would work better.  Or hell, have the state send out robo-calls. 
Rep. Collins noted that the forums appeared to have been deliberately engineered to thwart public criticism, with participants broken into small discussion groups, limiting interaction and open debate.
Welcome to DOE 101 Rep. Collins!  This is how they roll.  I’ve been dealing with this kind of nonsense for years.
He added that an online survey form for public feedback on the proposed policy and regulations posed questions that specifically called for participants to provide three things they liked about each but avoided any such pointed solicitation of negative comments.
Once again, we go back to the predetermined thing.  The Delaware DOE will never put “This sucks” as an option!
The draft regulations include “gender identity or expression” among its protected characteristics. 
Among the more controversial aspects of the proposed rules are the following:
  • All students enrolled in a Delaware public school would be able to self-identify gender or race.  (Rule 7.4)

I watch the show Shameless.  In an episode from last year, a character named Carl wanted to get a DNA test to prove he had African-American ancestry so he could get into a military academy.  The white teenager couldn’t get in but the school did have openings for different minorities for 20% of their population.  Even though he did not have any African-American ancestry, he did find out he was 3% Apache so he got in.  Not sure where I’m going with this, but I thought it was kind of funny.  In these episodes dealing with Carl’s situation, another brother named Ian is dating a transgender.  The writers did a great job of conveying some of the issues transgender people go through.  But I digress. 

  • A student would have the opportunity to participate on the sports team that is consistent with the student’s gender identity, regardless of the student’s assigned sex at birth.  (6.4)

I really don’t know how to comment on this one.  I have no issues with gender identity whatsoever.  But calling it “assigned sex”?  Is that a legal term?  I don’t know.

  • A student would have the opportunity to participate in the program of instruction dealing with human sexuality that is consistent with the student’s gender identity, regardless of the student’s assigned sex at birth.  (3.4)

I would think this is appropriate.

  • Regarding physical education programs – goals, objectives and skill development standards could not be designated on the basis of gender.  (5.2)

Why does everything have to be a “standard”?  What happened to the days when kids went to gym to release energy and play basketball or floor hockey? 

  • School districts and charter schools would be required to work with students and families on providing access to locker rooms and bathrooms that correspond to students’ “gender identity or expression.”  (8.1)

What does “work with” mean?  This is a good point.  I’ve seen how schools are “required” to work with parents, but sometimes you can lead a horse to water but you can’t make it drink.

  • Even if a student does not legally change his or her name, he or she can select a “preferred name” based on a “protected characteristic” that school officials would be obligated to use except on official records.  (7.3)

I don’t mind this.  My son’s name is Jacob.  He likes his name.  He doesn’t like to be called “Jake”.  If he wanted to be called “Bob” in school, I would respect that, as long as he is consistent with it and not changing his “preferred name” every other week.

The proposed regulations direct school districts to establish antidiscrimination policies within 90 days of the rules’ implementation or the start of the next academic year, whichever is earlier.  The policies would be required to contain informal and formal complaint procedures.
A procedure isn’t the same thing as reality.  Just gonna throw that one out there.
“The regulations and policy contain no mention of a student’s age, so I question the wisdom of allowing very young students to make some of these decisions,” Rep. Collins said.  “These proposals also seem to undercut parental authority; giving parents less say in some of these processes then I think is appropriate.”
Then and than mean two different things.  Just saying.  But I kind of agree with Rep. Collin’s point here.  A five-year old making these decisions, without parental consent, could be a slippery slope.  A thirteen-year old, who is more aware of their body and their wants… that could be a different thing.
State Reps. Collins and Briggs King say the proposed regulations are invalid, noting that “gender identity or expression” is not a legally protected classification under the Delaware Code covering public education.
Then perhaps Reps. Collins and Briggs King should write legislation which would put it as a legally protected classification.
Delaware’s Gender Identity Nondiscrimination Act of 2013 — which forbids discrimination on the basis of gender identity in housing, employment, public works contracting, public accommodations, and insurance – added new language to seven titles of the state code.  However, those changes were not applied to Title 14, which covers public education.
See above.
“Neither the proposed regulation nor the model policy document, are legitimate because they are not based on any legal authority granted by the General Assembly,” Rep. Collins said.
That’s because Carney wants to circumvent the General Assembly whenever possible.  He is becoming very proficient at that.  But the House Republicans had a Carneypalooza in their newsletter this week with pictures of him all over the place. 
Rep. Briggs King points to language in House Joint Resolution 6 – which is still pending action in the Senate – as further proof.  The measure contains a provision explicitly stating that Delaware’s laws on public education do not “prohibit discrimination based on gender identity or expression.”
Carney likes to flex his gubernatorial muscle.  If he wanted this so bad, he should have done his posturing on June 30th (and July 1st, July 2nd) and gotten the General Assembly to pass a simple Joint Resolution.
Rep. Collins said there has been a rapid push to implement the anti-discrimination regulations, outside the authority of law and escaping the attention of most parents and elected officials.  He said the new rules would produce confusion and likely create additional disputes and lawsuits.
John is all about the rapid push.  Patience is not his strong suit.  The only authority he seems to recognize is his own authority.
In a recent communication to the Department of Education, Rep. Collins urged the agency to delay action to address the growing concerns about the proposals.
How much you want to bet the response will be as empty as Legislative Hall between July and early January?
I am really torn on this one.  Collins offers up some valid points.  The biggest is that Governor Carney once again operated under the guise of Executive Power to do whatever the hell he wants.  He is the most non-transparent Governor in Delaware history.  He is flaunting this power a lot lately.  Much more than Jack Markell did.  It does not bode well for Carney.  I’m sure the DOE, Rodel, and the Delaware Business Roundtable love it though!
I dig into a great deal of education happenings.  I don’t mind any rights of students being clarified.  But there are some parental no-nos in the below draft of the proposed regulations.  I don’t think any educational setting should determine what is best to tell a parent or NOT tell a parent.  Parents have rights when it comes to their children and I can understand the concerns by some parents in feeling those rights are being stripped away.  I don’t see it as a “left-wing liberal snowflake” agenda though.  I see it as an overall concern I have with education policymakers who pretend they want parental engagement but operate behind the scenes and make decisions which ALL parents should know about.  They should also be a part of those conversations and no back-door meetings should take place.
The reason I’m so torn on this issue is because for me it is relatively new.  I’m not in schools enough and I don’t know many transgender folks.  While this isn’t a brand-new issue, it has gotten the spotlight the past few years.  I’m against any kind of discrimination, period.  Equal rights for all.  But many Republicans are against transgender folks, as well as homosexuals, because of what the Bible says.  I’m sure I won’t win any friends here, but the Bible was rewritten in the Council of Nicea some 1,500 years ago.  By a group of men.  It wasn’t rewritten by God.  And while the Bible doesn’t address gender identity or expression, I’m pretty sure it wasn’t a big debate in the Council of Nicea.  I’ve heard some say the Bible is “God-breathed”, meaning it is infallible.  But I’ve seen one message in the Bible taken in so many different ways that it seems folks forget the basic message of the good book: love your neighbor.  Be nice.  Be kind.  To me, that is the message I take from the Bible.  Did you learn to forgive others?  Do you give more than you take?  Do you do your best to set an example for your children?  To me, those are the important things.  I believe in the Ten Commandments.  I do my best to obey them.  I don’t covet my neighbor’s wife.  I know the couple next to me are moving out and I haven’t met my other neighbor yet.  I haven’t killed anyone.  And so on.  I will never understand hating someone for what they are or the choices they make.  If they get all the stuff I take from the Bible, I’m pretty sure their passage to Heaven (or whatever afterlife you choose to believe in) is assured.
If Delaware Republicans and Democrats want to make some real headway, how about they band together to get rid of the rot in our state government?  We did a pretty good job on opt out a couple years ago.  Imagine what we could do together if we REALLY got organized?

Dover High School Plans To Change Graduation Regalia To Address Gender Identification Issues

At the Capital School District Board of Education Committee, Dover High School Principal Courtney Voshell gave a presentation on the proposed new graduation regalia.  Traditionally, the girls wore white and the boys wore blue.  Voshell explained the rationale for the change during their board meeting:

I think it’s important to also address the fact that we have some students that gender identification is an awkward conversation for some of our students.  It’s definitely not the majority but it happens.  In the past two years that I have been leading the school, it has become a conversation where a student doesn’t want to wear one color or the other because that’s not the gender they are identifying with.  And for me, it’s just not a time we should make any student feel awkward.  This is their day.  They worked really hard for it.

Voshell also noted this will be the first year the new Dover High School will have graduating students that attended the school all four years in the new building.  Because of this, the extra $10.00 fee for the new uniforms would be covered by the school through a student services funding bucket for this year’s graduating class.  Voshell also cited parent concerns about not having graduation in alphabetical order in the past and parents didn’t know when their child was coming up next to receive their diploma.  In the past, students tended to be set up in a stripe pattern with girls in white rows and boys in blue rows.  Beginning this year, graduating seniors will be seated in alphabetical order.

This presentation was not an action item for the Capital School Board but merely a discussion item.

 

 

Chaos At Legislative Hall In Dover

Legislative Hall was a very odd place this afternoon around 4pm.  Usually the place is bustling on a Wednesday afternoon, but since yesterday’s announcement by party leadership that no “controversial” bills would be heard until the budget is passed, it was eerily quiet.  Of course the lobbyists were milling around, but the tone was very subdued.

The Delaware Joint Finance Committee met today and added $51 million in cuts to education and healthcare for a total of $88 million cuts.  Rumors were swirling that Democrats in the House were turning on their own because they won’t vote for the budget if it includes House Bill 240, State Rep. Val Longhurst’s very weak revenue bill.  Turns out the Democrat leadership sent those legislators to the Principal’s office (aka Governor Carney) over the past couple of days.  Way to turn on your own!  And they even got a few of the Delaware labor organizations (including DSEA) to rattle those legislators cages.

The Republicans introduced a resolution to extend state services for 30 days during July if the budget doesn’t pass.  I saw Mike Jackson who runs the Office of Management and Budget briefly and asked if we had a budget.  His response…  “For now.”  Which doesn’t mean much given no one has voted on it yet.  But the epilogue language is being written.  Grant-in-aid got slashed from $51 million to $8 million so good luck to those non-profits!

Meanwhile, the House voted on House Joint Resolution #6, directing the DOE to come up with regulations surrounding gender identity issues in Delaware schools.  Reps. Dukes and Smyk asked questions about it which basically meant they were opposed to the bills.  As one observer put it, there was definitely some “transhomophobia” in the House chamber.  The bill passed the House.  Expect similar resistance in the Senate.

Two Senators were there today who hadn’t been in the latter part of last week.  Senator Bryan Townsend’s wife had a baby boy last week.  Meanwhile Senator Brian Pettyjohn had some other stuff to straighten out.

I had some good chats with some folks.  Asked some pointed questions to a few so I am hoping to find out some answers on those in the next few days.  One of them has to do with the series of articles I’ve been writing about Smyrna.  It’s kind of putting a delay on Part 6.  I am hoping the answer is positive.

Some of us talking were in agreement the State Board of Education isn’t going anywhere.  The Delaware Dept. of Education will pick up the $213,000 tab for them.  Today the Senate confirmed former Delaware Senator Liane Sorenson as an at-large member of the State Board of Education.  I met her briefly and enjoyed our conversation.  She did confirm she reads Exceptional Delaware so that is always a plus in my book!

The next two days are going to be absolutely crazy down there.  If I’m not there tomorrow, I definitely will be on Friday.  That is an education blogger MUST!  I am hoping to get more of the Smyrna series up tomorrow.  But it depends on that one answer on how I move forward with this.

Oh yeah, the Blockchain legislation, House Bill #226, passed the Delaware Senate.  I anticipate Governor Carney will sign that faster than the Flash.  And so it begins…

I can’t for the life of me figure out why they aren’t moving forward with State Rep. John Kowalko’s franchise tax for companies incorporated in Delaware.  It would raise the fee from $300 to $325.00 and would raise $43 million in revenue.  Sounds like a no-brainer, right?  The last time that happened, there were 500,000 companies incorporated in Delaware when they raised it from $275 to $300.  Opponents feared it would cause companies to leave Delaware.  Now we have around 800,000 companies incorporated in Delaware.  Bills that make common sense should sail through, but we aren’t dealing with common sense in leadership at Legislative Hall these days, so once again, I digress…

It is late June in Dover, Delaware.  62 elected officials will attempt to decide how our state is run.  I trust a handful of them.  Pray for us, rest of the United States of America.  We need your prayers more than ever!

Updated with essential article from Delaware Public Media: http://delawarepublic.org/post/jfc-eliminates-grants-nonprofits-fire-companies-senior-centers-balance-budget

Updated again, 3:29pm, 6/29/2017: This article has been corrected to reflect that there were zero no votes for Liane Sorenson’s confirmation on the State Board of Education.

HJR #6 Directs Delaware DOE & State Board To Create Regulations To Prevent Gender Identity Discrimination In Schools

Pre-filed regulation released today in Delaware’s General Assembly would have the Delaware Department of Education and the State Board of Education to write into Delaware State Code certain provisions to prevent discrimination against students and school employees.  The House Joint Resolution, sponsored by State Rep. Deb Heffernan and State Senator Harris McDowell, states the following in the synopsis:

Directing the Delaware Department of Education, with the assistance of the Delaware State Board of Education, to promulgate regulations that prohibit discrimination in school districts’ employment practices or educational programs and activities for students on the basis of any legally-protected characteristic, including gender identity or expression.

Since the resolution is not “officially” filed, it does not appear on the list for the final House Education Committee meeting of the year, next Tuesday June 27th.  It will be read into the record today during the House’s session and would be assigned to the education committee.

Updated June 22nd, 2:30pm: Click this link for the actual text of the legislation.