Octavio Jones/Reuters/File
Hillsboro High School students protest a Republican-backed bill of 2022 called “Don't Tell Me I'm Gay” by critics.
CNN
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Florida education officials and a group of LGBTQ advocates and their families have reached a legal settlement that clarifies the scope of what critics call the “Don't Say I'm Gay” law, allowing students and teachers to identify their sexual orientation. It was clearly stated that they would be allowed to discuss the matter. and gender identity in the classroom unless it is part of formal instruction.
Days after the state's Republican governor signed the bill into law in March 2022, more than a dozen plaintiffs, including civil rights groups, parents, students and teachers, filed a lawsuit over the law. They argued that its “vague” language had a chilling effect on debate. LGBTQ themes in schools have left educators grappling with confusion and fear about how, if at all, they are allowed to address such topics in the classroom.
The original “Parental Rights in Education” law prohibited teaching about sexual orientation and gender identity in kindergarten through third grade, and allowed other grades to discuss the topic “in a manner that is not age-appropriate.” It was restricted. A year later, the Florida Board of Education expanded this restriction to all grades. Teachers who violate the policy may be suspended or have their teaching license revoked.
Monday's settlement clarified that the law applies only to formal instruction in the classroom and does not restrict class participation or discussions about gender and sexuality that may arise during students' academic studies. The law also says it does not ban library books and other materials that mention LGBTQ topics.
The settlement requires conservative-led nationwide legislation to limit discussion of gender identity and sexuality in classrooms and ban books with LGBTQ characters, authors, or subject matter from public libraries and schools. Critics say they are all meant to be restrictive. Community Representation and Rights. It also follows a lower court's ruling that part of Florida's anti-“wake” law violated the free speech rights of employers who wanted to require diversity and inclusion training for their staff. It follows a federal appeals court ruling last week that upheld the decision.
Several Florida teachers have come under scrutiny under the “Don't Say I'm Gay” law, including a fifth-grade teacher who was investigated for showing a movie with gay characters, Many, including those who lost their LGBTQ teachers, expressed confusion over the implementation of the restrictions. They could talk about their lives and answer students' questions without fear of punishment.
Reconciliation teachers can respond to students who share details about same-sex parents, provide feedback on the work of students who choose to write about LGBTQ topics, or respond to questions about their own LGBTQ relationships or families. can answer. The law also does not prohibit school staff from intervening if a child is being bullied because of their gender or sexuality.
Plaintiffs' attorneys celebrated the settlement as a “huge victory for thousands of LGBTQ+ students, teachers, parents, and their allies across Florida.”
“Today’s settlement clarifies the legitimacy of gay student organizations, protections against hate and bullying, and the ability of LGBTQ+ students and teachers to openly draw and display photos of their partners and family members. In fact, the state of Florida has made it clear that LGBTQ+ children, parents, and teachers in Florida can, in fact, be gay,” Roberta Kaplan said in a statement.
Plaintiffs also included the LGBTQ advocacy group Equality Florida. Family Equality, a New York-based nonprofit organization. Several Florida parents and students.
The office of Gov. Ron DeSantis, who relied on the law as part of his conservative integrity during this year's failed Republican primary challenge to former President Donald Trump, also called the legal settlement a success. He welcomed the move and said the law would remain in place. In fact, the case is expected to be dismissed by the courts soon.
“We fought hard to ensure that this law was not slandered in the courts just as it was slandered in public by the media and big corporations,” DeSantis general counsel Ryan Newman said in a statement. ” he said. “We won. Florida classrooms will continue to be safe spaces under the Parental Rights in Education Act.”
Douglas R. Clifford/Tampa Bay Times/AP/File
Florida Governor Ron DeSantis signs the Parents' Rights in Education Bill on March 28, 2022 in Shady Hills, Florida.
Under the settlement agreement, the Florida Board of Education will notify school districts of the clarifications provided in the settlement. CNN has reached out to the Florida Department of Education and the Florida Board of Education for comment.
The law prohibits teachers from using books to instruct students about sexual orientation or gender identity, but it does not include books that mention LGBTQ topics, such as library books, which are not considered “classroom instruction.” Educational materials are not prohibited, the settlement said.