Gender identity proposal will create waves of negative waves

This letter is intended to be a comment on the pending regulation on gender identity currently being considered by the Department of Education.

It is my concern that this regulation, though intended to have a positive effect on ALL school children and the education community, will have a very negative effect on the entire community. That negative impact will be felt both inside the education community and by the general public.

Billy Carroll

Legal psychological considerations

It is a long-held standard that before any probing of issues that might deal with deeply troubling feelings and medical issues, a diagnosis must be made by a licensed professional trained to deal with such issues. That person must have a comprehensive history that chronicles both the physical and mental health of the subject receiving the counseling. Such a study must be completed by a person with the appropriate training and education necessary for the student, the student’s family, and all other entities of interest.

Such a psychological diagnosis must be performed by persons with special licensing from a medical board or other state agency certifying that the diagnostician has the necessary years of education and supervised training to make such a physical, mental, and psychological determination.

For a state agency to act without a diagnosis is to risk complicating any other underlying pre-existing condition. If the state and individuals acting on their own initiative ignore the duty to engage licensed professionals they not only risk doing harm to the patient and student, they risk financial consequences many years afterwards.

Current fiscal considerations

It is well known now by the Delaware public that our state has deep fiscal problems. One such impact is funding for ALL students in ALL institutions. The state reworked the funding fundamentals which have been in place for decades by shifting funding to already economically stressed middle class property owners. Just this week The Christina Board of Education had to choose between funding and class sizes in a budget that is already considered austere.

Education considerations

Adding additional programs at this time will add to a system that many already consider to be over burdened with non-educational programs. This mission creep in our school sis blamed for our failing to meet our No. 1 educational function. That is, basic education. Our system needs to teach its students the fundamental in reading, math, and science. Our educators need to teach students how to find answers for themselves.

If our system can achieve this competency for our at-risk students, then these students will have their own ability to research and answer their own concerns. To assume that young people need help is to trivialize their own abilities to answer these questions for themselves.

Legal Family Court considerations

Name changes and name reassignments are the jurisdiction of the Family Court. This developed due to historic attempt by adults to hide children from the jurisdiction of the Family Court. Many times avoiding court supervision was done by moving to a new school and enrolling students with “new” names. Schools are currently required to enroll students with their proper name. Only the Family Court can waive that requirement. It is a good system that helps prevent fraud and worse.

In conclusion

If the education system suspects it has a student with a problem of any nature that requires professional help, the system has a fiduciary duty to our society, the education system, and to the individual student to refer that problem to a licensed, trained professional outside of the education community.

If the appropriate referral action occurs, bathrooms, locker rooms, sports teams, family notifications and other constraints being contemplated by this new regulation are unnecessary. With the new regulation ALL members of the education community and the community at large are put at risk.

Thank You.

Billy Carroll

Bethany Beach, DE

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