Chilling effect

Most concerning to Spar and other educators is the chilling effect these new laws will have on teachers and their ability to provide a safe and secure learning environment for them.

“It puts teachers in a position where a high school child confides in him or encourages him to see a school counselor for support,” Spar said. “What’s the counselor to do?”

The bills are so vague, Meyer said, “who knows what you can or cannot say under any of these bills? Who knows what a parent or administrator might find offensive?”

The bills also don’t specify what amounts to instruction on sexual orientation and gender identity, raising questions about whether teachers would be allowed to teach about the AIDS crisis or court cases involving samesex marriage.

That vagueness could pose a serious First Amendment court challenge, Meyer said.

Until the state and school districts come up with those standards and procedures, it’s hard to gauge the true impact it will have on public school teachers, Spar said.

The same is true for HB 7, the so-called Individual Freedom Act, which requires teachers to adhere to a strict curriculum and just the facts when teaching about race and not make students feel ashamed or responsible because of their race or gender for the sins of the past.

“There are certainly a lot of unknowns and questions,” Spar said. “That will be telling when we see what those district policies are going to be and what the discipline will be.”

But the bill’s sponsor, Rep. Bryan Avila, R-Miami Springs, said as long as teachers stick to the state-approved curriculum and don’t offer their own opinions or interpretations of history, they won’t be subject to any repercussions.

Avila also said his bill in no way would prevent teaching the facts about slavery, the civil rights movement, voter suppression and other stains on America’s history as long as students aren’t made to feel ashamed or to blame for those moments.

Currently, parents who don’t want their kids in an activity or exposed to certain material have the right to request to have them excused and given an alternative lesson, Spar said.

The same questions are raised with the book banning provisions in HB 7, which gives parents more control over what materials can and cannot be used in schools.

“What social, emotional and mental stain does that put on a child if a child sees themselves in that book, and it’s banned? What impact does that have on that child?” Spar asked. “The intent is to have a chilling effect and make people who work in our schools second guess their discussions with their students.”