“Flanked by Republican lawmakers at a charter school, Gov. Ron DeSantis signed into law Monday new restrictions on discussion of sexual orientation or gender identity in Florida schools, derided by opponents as the 'Don’t Say Gay' bill and one of the most battled-over pieces of legislation this session.”
(John Kennedy. “DeSantis signs into law what critics call the 'Don't Say Gay' bill that will restrict discussions of sexual orientation in schools.” USA TODAY. March 28, 2022.)
“We will make sure that parents can send their kids to school to get an education, not an indoctrination,” DeSantis said, in signing the legislation at Classical Preparatory School in Spring Hill, where he was joined by several parents, students and Education Commissioner Richard Corcoran, whose wife, Anne, founded the school.
The measure drew criticism from the LGBTQ community nationwide, Hollywood and the White House, and even drew walkouts in schools across the state from students concerned about its potential impact.
The bill has even prompted President Joe Biden – who has seldom weighed in on the recent slate of state bills concerning LGBTQ people – to use the bully pulpit of the White House to rebuke the Florida measure and its sponsors. The bill even appears to have caused a rift between Florida Gov. Ron DeSantis, who has said he supports the bill but hasn't signed it yet, and Disney CEO Bob Chapek.
What Is So Objectionable About Talk of Sexual Orientation?
First of all, reread the opening – the words “Republican lawmakers” and “charter school” stick out like a sore thumb. Nationwide, GOP lawmakers have filed nearly two hundred state bills this year that seek to erode protections for transgender and gay youth or to restrict discussion of LGBTQ topics in public schools.
Akin to bans on the teaching of critical race theory, these laws seek to preserve the myth that the story of America is one of inexorable progress and unblemished virtue, and also imply that a great number of people really don’t matter – forbidding the teaching of queer history aims to solidify what remains of society’s moral disapproval of LGBTQ people. This reeks of exclusion and censorship based on centuries of prejudice.
Charter schools are largely supported by conservative Republicans as institutions that siphon off limited state funding meant to be used for the public good. Charters are run by private corporations, but still paid for with taxpayer dollars. Making the rich richer and everyone else poorer seems to be the only Republican ideology these days. GOP politicians have realized they could hit the teachers unions in their wallets and give parents a few more options – all without being attacked as “Bible thumpers.”
Dissecting the Bill
Dana Goldstein of The New York Times breaks down key passages in the bill.
Please read Goldstein's
entire article by clicking here: https://www.nytimes.com/2022/03/18/us/dont-say-gay-bill-florida.html
PDF of bill, click here: https://www.flsenate.gov/Session/Bill/2022/1557/BillText/er/PDF
Goldstein points out the following:
Instruction on gender and sexuality would be constrained in all grades.
Lines 97-101: “Classroom instruction by school personnel or third parties on sexual orientation or gender identity may not occur in kindergarten through grade 3 or in a manner that is not age appropriate or developmentally appropriate for students in accordance with state standards.”
This is the sentence that has earned the bill the “Don’t Say Gay” nickname. The language is vague and subject to interpretation. The preamble of the bill further muddles matters. It prohibits not only “instruction” around gender identity and sexual orientation, but also “classroom discussion” of these topics.
Does this mean eliminating books with LGBTQ characters? Historical figures? And if that also means “no classroom discussion,” what about teachers who have gay parents? Are they to be silenced?
On first look, the emphasis on the youngest students seems less restrictive; however, all grades in a school are affected by the provision requiring gender and sexuality to be discussed in ways that are “age appropriate or developmentally appropriate.” Parents, school staff and students are likely to clash over what is “appropriate” – controversy will continue.
Schools would be required to notify parents when children receive mental, emotional or physical health services, unless educators believe there is a risk of “abuse, abandonment, or neglect.”
Lines 67-78: In accordance with the rights of parents … adopt procedures for notifying a student’s parent if there is a change in the student’s services or monitoring related to the student’s mental, emotional, or physical health or well-being and the school’s ability to provide a safe and supportive learning environment for the student. The procedures must reinforce the fundamental right of parents to make decisions regarding the upbringing and control of their children by requiring school district personnel to encourage a student to discuss issues relating to his or her well-being with his or her parent or to facilitate discussion of the issue with the parent.
This parental-notification requirement appears to apply to any student, regardless of age or circumstances even if the student could be seeking health services for gender issues, sexuality, depression, substance use, a parental divorce or any other challenge.
Let's face the truth – the bill was written largely because activists are worried about how schools respond to students who question their gender identity. They argue that schools should not affirm children who say they are transgender if it means contradicting their parents.
How strictly will schools follow this directive? To the point of every “change” in a student’s health services? This seems impossible, especially as counselors (and other staff members) balance student confidentiality with informing families about student concerns. What if students approach counseling less frequently because of blanket notification?
Parents would have the right to opt their children out of counseling and health services.
Lines 106-109; 114-118: At the beginning of the school year, each school district shall notify parents of each healthcare service offered at their student’s school and the option to withhold consent or decline any specific service. … Before administering a student well-being questionnaire or health screening form to a student in kindergarten through grade 3, the school district must provide the questionnaire or health screening form to the parent and obtain the permission of the parent.
This provision requires schools to create an opt-out procedure for mental and physical health care services, which could include individual counseling or support groups. It takes particular aim at the growing practice of using mental health or social-emotional screening questionnaires, which are intended to determine what students might need.
Some parents may opt out exactly because their child is dealing with a sensitive issue that produces shame or embarrassment, but educators say that may be the moment the child most needs support.
Parents could sue schools for violating the vaguely written bill, and districts would have to cover the costs.
Lines 129-130; 146-151: If a concern is not resolved by the school district, a parent may …. Bring an action against the school district to obtain a declaratory judgment that the school district procedure or practice violates this paragraph and seek injunctive relief. A court may award damages and shall award reasonable attorney fees and court costs to a parent who receives declaratory or injunctive relief.
Accountability? The legislation is clearly “deputizing” parents to control critical race theory – doing things like canceling suspicious events, removing questionable reading material, squashing free speech. What a punitive enforcement mechanism. Do you think some parents of public school students would take advantage at the school's expense? To use a couple of phrases from the old school and Laugh In – “You can bet your sweet bippy. Sock it to 'em.”
Florida would rewrite school counseling standards.
Lines 157-162: By June 30, 2023, the Department of Education shall review and update, as necessary, school counseling frameworks and standards; educator practices and professional conduct principles; and any other student services personnel guidelines, standards, or frameworks in accordance with the requirements of this act.
The state school counseling framework, based on national guidelines and adopted in 2010, is currently being revised, according to Carmen Larson, a counselor in Sarasota County and member of the writing committee. The current framework contains language, borrowed from the American School Counselor Association, stating that students have the right to a counseling program that “advocates for and affirms” diversity in “sexual orientation, gender, gender identity/expression, family type,” and many other identity categories.
The intent of the bill may be to influence the revision to remove this type of affirming language and strengthen parents’ rights. The question is whether new counseling standards would further supersede mainstream professional practices.
(Dana Goldstein. “Opponents Call It the ‘Don’t Say Gay’ Bill. Here’s What It Says.” The New York Times. https://www.nytimes.com/2022/03/18/us/dont-say-gay-bill-florida.html. March 18, 2022.)
The Bottom Line
To me, the bill has nothing to do with vindicating parental authority in public schools in Florida. It is all about engaging in political maneuvering. Supporters may say they are merely trying to bar “instruction” of sexual orientation or gender identity, but it also prohibits any “classroom discussion.” Besides, what specifically entails “instruction”?
Consider these questions for a Florida classroom:
* Could a teacher discuss names of victims and instances of anti-LGBTQ violence?
* Will instructional materials will be available to ensure every K-12 classroom has access to accurate and unbiased depictions of the sexual orientation and gender identity of historical figures?
* Can a counselor even address a student with issues of gender or sexual identity?
In my view, schools must be given the authority to talk about how people relate to each other. I think talking about different communities and about bias and discrimination and how they affect people's lives is appropriate. But, unfortunately, Florida lawmakers have decided that's a problem and they need a law to keep instruction, and even discussion, within their self-imposed political and unreasonable limits.
Social pressures are everyday experiences for students in public schools. All school personnel must be both cognizant and responsive to issues like bullying, peer-pressure, and inclusion. These are real threats and obstacles, especially for minorities – racial or social. DeSantis seeks to make LGBTQ students an outgroup by marginalizing their rights on campus. Children struggle enough with their identify without this apparent prejudice.
Not only that, the governor demands teachers join him in limiting students' access to honest, unbiased information about sexual orientation or gender identity. In his mind, teachers must be automatons – pre-programmed and cold robots incapable of dealing with real-life problems and situation with particular details requiring immediate interpretation. No teacher can operate under those restrictions. Imagine the results.
Here is my final thought – the vagueness in the so-called “Don't Say Gay” bill is purposeful deceit. Why doesn't DeSantis just admit that the legislation is about politics and the GOP's seemingly never-ending battles in the culture wars. DeSantis, with his own political power, has forced silence upon Florida schools, denying students acknowledgment of their own sexual and gender identities.
Nadine Smith, Executive Director of Equality Florida, says …
“Governor Ron DeSantis signed the 'Don't Say Gay' bill in the most cowardly way possible today. He hid his agenda from the media and the public until the last moment, skulking onto a charter school campus that is exempt from the law and away from students who would protest his presence.
“He has attacked parents and children in our state by invoking hateful anti-LGBTQ stereotypes all to pander to his right-wing base as he prepares to run for President in 2024. DeSantis has damaged our state's reputation as a welcoming and inclusive place for all families, he has made us a laughing stock and target of national derision. Worse, he has made schools less safe for children. Equality Florida will defend the rights of all students to have a healthy environment to learn and thrive and for all parents to know their families are included and respected. This law will not stand and we will work to see it removed either by the courts as unconstitutional or repealed by the legislature.”
(Delphine Luneau. “BREAKING: Human Rights Campaign, Equality Florida Vow to Fight for Full Repeal of Vile, Dangerous New Law Signed by Florida Governor DeSantis.” Human Rights Campaign. March 28, 2022.)
The Lyric In A Time of War
By Eloise Klein Healy
for Sappho
Let my music be found wanting
in comparison
to yours (as it must)
let me be found loving
(as you were)
extravagantly the beautiful
let me find you
and the song (forever)
between us
in these terrible times
Eloise Klein Healy, “The Lyric In A Time of War” from The Islands Project. Copyright © 2007 by Eloise Klein Healy.
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