By Craig Anderson

DOVER — The Delaware Interscholastic Athletic Association next month plans to discuss details for a new committee centered on transgender high school athletes.

Alison May, spokesperson for the state’s Department of Education, said Wednesday that, “The DIAA board will discuss details of the committee, including size and how committee membership will be set at its January meeting.”

That meeting is to be held at 1 p.m. Jan. 20 at the John W. Collette Education Resource Center. The public can join virtually here and a link will be posted on the public meeting calendar.

According to minutes from the DIAA’s September meeting, DIAA Chairman Dr. Bradley Layfield made a motion to form the Transgender Policy Subcommittee and continue to solicit applicants to potentially serve. The motion was seconded by Dr. Amelia Hodges and carried with 11 votes in favor. Those were cast by Dr. Layfield, DIAA Vice Chairman Doug Thompson, Robert Watson, Kevin Smith, Mark Robinson, Vetra Evans-Gunter, Dorrell Green, Dr. Sherry Kijowski, Bruce Harris, Dr. Bradley Bley and Dr. Hodges. Member Ted Laws voted against the motion.

Ms. May said members were not available to discuss the committee prior to the January public meeting.

The current DIAA Board of Directors policy regarding transgender athletes mandates that:

A. A transgender student, defined as a student whose gender identity differs from the student’s birth sex, shall be eligible to participate in interscholastic athletics in a manner that is consistent with the student’s gender identity, under any of the following conditions:

1. The student provides an official record, such as a revised birth certificate, a driver’s license or a passport, demonstrating legal recognition of the student’s reassigned sex, or
2.  A physician or social service provider certifies that the student has had appropriate clinical treatment for transition to the reassigned sex, or
3.  A physician or social service provider certifies that the student is in the process of transition to the reassigned sex.

B. The determination of a student’s sex-assignment for interscholastic athletics shall be made by the student’s school.

C. The determination of a student’s sex-assignment for interscholastic athletics shall remain in effect for the duration of the student’s high school eligibility.

D. Any member school may appeal the eligibility of a transgender student on the grounds that the student’s participation in interscholastic athletics would adversely affect competitive equity or safety of teammates or opposing players.

E. Any such appeal will be heard by the DIAA Board of Directors.

F. The identity of the student shall remain confidential and at the request of the student’s parents the hearing will be confidential.

G. The DIAA Board of Directors will not consider whether the school has properly determined the student’s sex assignment. Their deliberations will be limited to the question of whether the transgendered student represents a threat to competitive equity or the safety of teammates or opposing players.

According to Ms. May, there have been no appeals from schools “in the recent years at least” regarding those guidelines.

There’s pending legislation in the Delaware House of Representatives that would officially spell out state constitutional rights of protection “against discrimination based on sexual orientation, gender identity, and disability,” which is “one of Delaware’s fundamental rights,” according to a summary of the draft bill.

House Bill 199 would follow an amendment to the constitution in 2019 that prohibited “the denial or abridgment of equal rights under the law based on sex, and thereafter in 2020, race, color, and national origin were added.”