What’s ahead for parents, students after passage of ‘don’t say gay’ bill in Florida?

Miami Herald | By Ana Ceballos Herald/Times Tallahassee Bureau | March 8, 2022


Florida teachers could soon be turning to Tallahassee for direction to try and figure out what they can and can’t do with their lesson plans, in particular, those related to gender identity and sexual orientation.

That’s because educators are likely to face a new law barring classroom instruction on those subjects from kindergarten and third grade — or in other grades, a matter that is not age-appropriate or developmentally appropriate for students, based on state standards.

The Legislature on Tuesday passed the “Parental Rights in Education” bill — which opponents have dubbed the “don’t say gay” bill. The bill now just awaits Gov. Ron DeSantis’ signature to become law.

In practice, it is unclear exactly how things will change in the classroom because sexual orientation and gender identity is not something that is being taught in grades K-3 at the moment. But what is certain is that the state Department of Education will be required to review and update educator practices and professional conduct principles, and other standards by June 2023.


While lawmakers said the proposed changes to classroom instruction should not impact student-led discussions about sexual orientation and gender identity, some teachers worry those discussion could be chilled.

K-3 students are not taught about sex education. But conversations about families do come up in those grade levels, such as an assignments about a family tree.

As explained by lawmakers, those lesson plans would still be allowed if the assignments prompt a discussion about a student’s LGBTQ family member.

In a nutshell, lawmakers say classroom discussions led by students on those subjects will not be impacted.


The idea that parents are paramount in Florida schools is the reason why Florida lawmakers pushed the bill in the first place.

So, the proposed measure intends to empower parents the most.

Parents could expect to get more information from schools about their children’s health and welfare, as well as any changes to services provided to their student.

For instance, schools wold not be allowed to keep information from parents about their children’s mental, emotion or physical well-being unless school personnel believe such a disclosure would “result in abuse, abandonment, or neglect” at home.

Parents who are unhappy about what their child is being taught in school on those subjects will have three options to bring a complaint:

▪ They may bring the concern to the district for resolution.

▪ If the district does not resolve their concern, they can have the matter reviewed by the State Board of Education.

▪ Or they can hire a lawyer and file a lawsuit against the public school district.


The bill passed the Senate mostly along party lines on Tuesday, a day after more than a dozen amendments were rejected by the Republican majority in the Senate. Two Republican senators — Jeff Brandes of St. Petersburg and Jennifer Bradley of Fleming Island — opposed the measure, as did seven Republicans in the House.

The same bill passed the House largely along party lines last month. In total, the nine Republicans voted against the bill and one Democrat voted in favor of the bill.

It now heads to DeSantis, who has backed the measure and is likely to sign the bill into law.

“We are going to make sure that parents are able to send their kids to kindergarten without having some of this stuff injected into their school curriculum,” DeSantis told reporters on Monday.

Tampa Bay Times reporter Jeffrey S. Solochek contributed to this report.

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