Florida Expands ‘Don’t Say Gay’ Policy To Older Students At DeSantis’ Request

Topline

The Florida Board of Education voted unanimously on Wednesday to bar the state’s middle and high school teachers from teaching students about sexual orientation or gender identity, an expansion of a state policy for younger students known by critics as the “don’t say gay” law, which fueled nationwide controversies over LGBTQ protections and a feud between Gov. Ron DeSantis (R) and Disney.

Protesters demonstrate against Florida Governor Ron Desantis’ legislation on LGBTQ rights.

AFP via Getty Images

Key Facts

The new policy bans instruction of sexual orientation and gender identity for grades 4 through 12, unless instruction is expressly required by state academic standards or is part of a reproductive health course.

Teachers who don’t follow the new ban could be suspended or have their teaching license revoked.

The amendment, which does not require legislative approval, builds on Florida’s Parental Rights in Education Act—dubbed by critics as “don’t say gay”—which prohibits classroom instruction on sexual orientation and gender identity in kindergarten through third grade.

Education Commissioner Manny Diaz, who heads the state’s education department, said the addition is intended to “provide clarity” about what teachers can and cannot teach, after the Parental Rights in Education Act received criticism for its vague language that opponents said could be interpreted to extend to all grade levels.

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Key Background

DeSantis, who is widely expected to run for president, signed the Parental Rights in Education Act into law in March 2022 and put forward the proposed expansion to middle and high school students. He has not commented on the amendment since the School Board passed it. The bill was a keystone in a spate of laws DeSantis has championed backing right-wing policies on sexuality, identity and race, many of which are related to education and have drawn stiff criticism from the Biden ministration and others. He announced plans in February to block state colleges from having programs on diversity, equity and inclusion, and critical race theory. Florida officials have also enacted rules blocking medical care, including puberty blockers and hormone therapy, for transgender youth, reflecting a nationwide trend of restrictions on gender-affirming medical treatment.

Tangent

Along with sharp backlash from Democratic politicians, the Parental Rights in Education Act’s passage sparked a conflict with the major Florida employer Walt Disney Co., whose then-CEO Bob Chapek condemned the legislation after previously avoiding taking a public position on it. In response, DeSantis and other Florida lawmakers threatened to repeal a law that establishes the area surrounding Walt Disney World Resort as its own governmental authority with the same powers as a county government. The repeal was passed in April 2022 and is set to go into effect on June 1 of this year. But the governmental authority that covers Disney World—previously known as the Reedy Creek Improvement District—passed a last-minute agreement giving Disney broad power over development in the district earlier this year, leading DeSantis to push to overturn the deal.