The Florida State Board of Education has voted to bar middle and high school teachers from “intentionally” teaching students about sexual orientation or gender identity, except when lessons are part of a reproductive health course or are “expressly required” by the state’s academic standards. Teachers who fail to comply could face suspension or revocation of their teaching license.
The rule is an extension of the state’s Parental Rights in Education laws, which are also known as “don’t say gay” laws. These laws prohibit classroom instruction on sexual orientation and gender identity in kindergarten through third grade, and older grades in cases when the lessons are deemed to be “age-inappropriate.” Republican legislative leaders have proposed extending these restrictions to eighth grade during the 2023 legislative session.
The law has already had an impact on LGBTQ issues in some school districts, such as Pasco County schools, where “safe space” stickers that show support for LGBTQ students have been banned. Supporters of the restrictions argue that the law is aimed at classroom instruction, not conversations about those topics when they naturally come up. However, critics worry that the broad language of the rule will lead to confusion and leave some high school lessons open to interpretation.
Education Commissioner Manny Diaz, the head of the Florida Department of Education, stated that the rule is meant to “provide clarity” to teachers about what they can and cannot teach on those topics. Joe Saunders, the senior political director for Equality Florida, asked during public comment if 11th graders would be allowed to learn about the landmark Supreme Court decision on same-sex marriage in government and civics courses. Diaz responded that teachers would be allowed to cover that Supreme Court ruling but that there would be a difference between “talking about Supreme Court cases and taking that and then going into something else that is subjective and trying to expand on that.”
The Florida Department of Education is currently revising the state’s civics academic standards and textbooks, which would need to be followed by teachers in order to comply with sexual orientation and gender identity instruction requirements.
The new rule goes into effect immediately, and teachers across Florida are expected to comply with the new regulations.
