Florida Board of Education adopts anti-LGBTQ rules

ABOVE: The Board of Education meets Oct. 19. Screenshot via The Florida Channel/Facebook.

The Florida State Board of Education formally adopted new rules Oct. 19 “to further implement” Parental Rights in Education in schools, more widely known as the state’s “Don’t Say Gay or Trans” law.

The “groundbreaking changes stem from legislation signed into law by Governor Ron DeSantis,” the Florida Dept. of Education shared in a press release. The rules pertain to the designation of restrooms, classroom instruction about LGBTQ issues and more.

According to Equality Florida, which has fought against the law since its introduction, the changes target schools with LGBTQ-inclusive policies, teachers and transgender youth. The vote came just over two weeks after their lawsuit against the law was dismissed.

A federal judge ruled Oct. 3 that Equality Florida and other plaintiffs lacked the legal standing to challenge it. The ruling noted, however, that it should not be used to silence LGBTQ students or teachers.

“Today, the Board of Education voted unanimously on new rules designed to intimidate school districts and teachers that affirm LGBTQ students,” Equality Florida said in a press release Oct. 19. “One rule passed today threatens teachers with termination of both their job and education certificate if they are found to have engaged in ‘classroom instruction on sexual orientation or gender identity.’

“As passed, the discriminatory ‘Don’t Say LGBTQ’ law allows conservative parents to sue school districts but is silent regarding individual educators,” they continued. “Proponents of the ‘Don’t Say LGBTQ’ law failed to heed the objections of Equality Florida and other civil rights groups who shared deep concern with the law’s vague and undefined reference to ‘classroom instruction.’”

The organization also noted that the board did not clarify if LGBTQ families can be referenced by teachers or what support can be provided to LGBTQ students. Equality Florida Senior Political Director Joe Saunders called the rules “another cruel attack from an administration that has spent months punching down at Florida’s LGBTQ youth and families.”

“Qualified, effective teachers are fleeing the profession in Florida thanks to the constant politicization of their roles and discrediting of their characters by the DeSantis Administration,” Saunders continued. “Rather than help to clarify the ‘Don’t Say LGBTQ’ law’s scope, the Board of Education has taken this bigoted law to yet another extreme … This escalation in deference to the far-right agenda of the governor makes our schools less inclusive – and less safe.”

In contrast, Florida Commissioner of Education Manny Diaz, Jr. applauded the BOE’s vote “for upholding parental rights and continuing to promote the health, safety and welfare of the students in our schools.”

“Parents have a right to be involved in their child’s education and informed regarding what is taking place at their child’s school, and moreover students have a right to come to a safe learning environment every day,” he said.

“Today we joined to uphold the right of parents to raise their children as they best see fit,” State Board of Education Chair Tom Grady added.

Florida’s schools are still supported by federal LGBTQ protections. Equality Florida stresses that they “must continue supporting LGBTQ students, creating safe, inclusive environments and implementing the bigoted ‘Don’t Say LGBTQ’ law as narrowly as possible to mitigate the harms it is inflicting on students and families.”

For more information about Equality Florida and its fight against the law, visit EQFL.org.

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