Teachers, students in Florida can talk about gender ID

But accord says discussion can’t be part of instruction

ORLANDO — Students and teachers will be able to speak freely about sexual orientation and gender identity in Florida classrooms, provided it’s not part of instruction, under a settlement reached Monday between Florida education officials and civil rights attorneys who had challenged a state law which critics dubbed “Don’t Say Gay.”

The settlement clarifies what is allowed in Florida classrooms following passage two years ago of the law prohibiting instruction on sexual orientation and gender identity in early grades. Opponents said the law had created confusion about whether teachers could identify themselves as LGBTQ+ or if they even could have rainbow stickers in classrooms.

Other states used the Florida law as a template to pass prohibitions on classroom instruction on gender identity or sexual orientation. Alabama, Arkansas, Indiana, Iowa, Kentucky, and North Carolina are among the states with versions of the law.

Under the terms of the settlement, the Florida Board of Education will send instructions to every school district saying the Florida law doesn’t prohibit discussing LGBTQ+ people, nor prevent antibullying rules on the basis of sexual orientation and gender identity or disallow GayStraight Alliance groups. The settlement also spells out that the law is neutral — meaning what applies to LGBTQ+ people also applies to heterosexual people — and that it doesn’t apply to library books not being used for instruction in the classroom.

“What this settlement does, is, it re-establishes the fundamental principal, that I hope all Americans agree with, which is every kid in this country is entitled to an education at a public school where they feel safe, their dignity is respected and where their families and parents are welcomed,” Roberta Kaplan, the lead attorney for the plaintiffs, said in an interview.

In a statement, Florida Governor Ron DeSantis’s office described the deal as a “major win” with the law formally known as the Parental Rights in Education Act remaining intact.

The law has been championed by the Republican governor since before its passage in 2022 by the GOP-controlled Florida Legislature. It barred instruction on sexual orientation and gender identity in kindergarten through the third grade, and it was expanded to all grades last year.

But opponents of the law said it created a chilling effect in classrooms. Some teachers said they were unsure if they could mention or display a photo of their same-sex partner in the classroom. In some cases, books dealing with LGBTQ+ topics were removed from classrooms and lines mentioning sexual orientation were excised from school musicals. The MiamiDade County School Board in 2022 decided not to adopt a resolution recognizing LGBTQ History Month, even though it had done so a year earlier.

The civil rights attorneys sued Florida education officials on behalf of teachers, students, and parents, claiming the law was unconstitutional, but the case was dismissed last year by a federal judge in Tallahassee who said they lacked standing to sue. The case was appealed to the Eleventh Circuit Court of Appeals.