Last week, Florida Gov. Ron DeSantis signed into law the Parental Rights in Education bill, most commonly referred to as the Don’t Say Gay bill.
This piece of legislation, which has been hotly contested over the past few months, seeks to definitively ban classroom instruction and discussion about LGBTQ+ issues for students in kindergarten through third grade.
The bill also works to further involve parents in the system by empowering them to sue the school for teachings they disagree with and forcing schools to notify parents when students receive mental health care.
NBC reports that the bill “was passed in both legislative bodies largely along party lines” and “has added fuel to the latest American culture war, which has put students in its crosshairs with a combination of book bans, Pride flag removals and bills targeting LGBTQ youth.”
The law, which takes effect July 1, has been the focus of controversy across the nation, as it represents a number of issues from LGBTQ+ discrimination to governmental and parental overreach in public education.
Kim Murie, assistant professor of teacher education at John Brown University, chimed in on the conversation, saying, “I think that there is a time and place to deal with these issues in education, but I don’t think they should be the primary focus of all grades/lessons. But I also don’t think an educator should be afraid of losing their job for these issues coming up organically in a conversation and the educator making the professional decision that their students are in a supportive community where the conversation can unfold.”
The U.S. has recently been the hotspot for mass amounts of discourse regarding education, and DeSantis specifically isn’t a stranger to criticism when it comes to his far-right policies. He has been incredibly outspoken against mask mandates in schools, threatening them with fines and legal battles. He even went so far as to harass students at Florida State University for wearing masks, saying, “You do not have to wear those masks, I mean please take them off. Honestly, it’s not doing anything. We’ve got to stop with this COVID theater. If you want to wear it, that’s fine, but this is ridiculous.”
Similar bills, specifically regarding race and LGBTQ+ topics, have already been introduced in Ohio, and Texas’ Lt. Gov. Dan Patrick has publicly stated his desire for copycat legislation.
Miguel Rivera, assistant professor of criminal justice at JBU, said, “I believe these examples are symptomatic of the struggles and stresses society is engaging in between the religious and the secular, between the First Amendment rights of free speech and freedom of religion. In a more pluralistic and secular society, with the political divides we have in this country, these issues are bound to take on political significance and take shape in the form of school board arguments, book bannings and legislative reactions.”
“I think the bill is harmful because, from the little I have read about it, it seems very vague,” said Murie. “Teachers already face enough challenges in the classroom they do not need to also be concerned that they are at risk of losing their job because of something taken out of context or feel they can’t make connections to content that are relevant to the issue for fear of retribution.”
Rivera shared this sentiment. “The act is vague at best and offers little guidance to teachers about what is lawful and what is not lawful – what is age-appropriate?”
He continued, saying, “Until the courts interpret the application of this vague statute, it’s difficult to know what it means for teachers and students in the classroom. It certainly doesn’t mean you can’t say gay. It does mean that the Florida state legislature has decided that sexuality and gender identification are subjects for parents and their children in kindergarten through third grade; and, after that, age-appropriate discussions may occur – whatever that means.”
Throughout the situation, teachers and school staff alike have struggled to have their voices heard. Angela Mann, president of the Florida Association of School Psychologists, spoke to Florida Today, saying, “We have all stood in opposition this past session to HB1557 Parental Rights in Education or the ‘Don’t Say Gay Bill,’ and many of our members stood in solidarity with youth who participated in the #DSGWalkout. Now we are beginning to see the ill effects of the introduction and passage of this harmful law.”
The joint statement was signed by seven organizations, including the Florida Association of School Psychologists, Florida Association of School Social Workers, Florida School Counselor Association, Florida Association of School Nurses, Florida Association of Student Service Administrators, Florida Parent Teacher Association and Florida Psychological Association.
Murie noted, “We need to be worried because we keep adding more to teachers’ plates and not adding any support. We expect a great deal from public school teachers and don’t show them the same level of professional respect as the lofty standards we hold them to. We want to underfund and overregulate public schools and then wonder why we are losing teachers at an alarming rate and have very few choosing to enter the profession. We need to step back and ask ourselves as a nation what are the goals we have for public education and how can we best support students and teachers in reaching these goals.”
The issue is also daunting politically. “From a constitutional perspective, we need to be careful to protect and balance the rights of everyone in this country,” Rivera said. “It’s not an easy balance, and history is replete with examples of the pendulum swinging first one way and then the other.”
In short, the Florida statute is exhibit A for the political, religious and secular debate in this country; even its vagueness speaks to how Americans feel about sexuality and gender identification. Florida will not be the last word on these issues.
Photo courtesy of Mercedes Mehling at Unsplash