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'It means a lot:' LGBTQ+ advocates claim victory in 'Don't Say Gay' education settlement

Florida Department of Education must clarify what can and can't be discussed in classrooms
The Parental Rights In Education law, passed in 2022, limits classroom instruction on sexual orientation and gender identity in K-12 public schools in Florida.jpg
Posted at 6:33 AM, Mar 13, 2024
and last updated 2024-03-13 06:33:12-04

WEST PALM BEACH, Fla. — A new ruling about one of the most controversial Florida laws in recent years is symbolizing the culture wars in classrooms.

The "Parental Rights In Education" law, which critics call "Don't Say Gay," limits instruction on sexual orientation and gender identity for the youngest students, but was later expanded.

Now, a new legal settlement said the state must clarify the law's intent.

The settlement reached in the two-year-old lawsuit does uphold the "Parental Rights In Education" law, which Gov. Ron DeSantis calls a victory. But LGBTQ+ advocates said they are the real winners as the state now has to clarify exactly what the law does and does not do.

"I probably shed a lot of tears because it means a lot to me and it means a lot for the people that we fight for," said Palm Beach County teacher Michael Woods.

WPTV education reporter Stephanie Susskind speaks to Palm Beach County teacher Michael Woods on March 12, 2024.jpg
WPTV education reporter Stephanie Susskind speaks to Palm Beach County teacher Michael Woods on March 12, 2024.

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Woods is hoping the chilling effect that the "Parental Rights In Education" law created in classrooms will start to melt away.

"It had the effect where people weren’t talking about their families. They didn’t know what they could say. They didn’t know what they could do," Woods said.

The law, nicknamed "Don't Say Gay" by critics, prohibits classroom instruction on sexual orientation and gender identity for kindergarten through third grade, and was later expanded.

The lawsuit settlement between the state and Equality Florida, among others, keeps the law intact, but also provides more clarity on what some felt were the unwritten impacts of the law.

"I think a lot of these laws made people feel like they were inferior in the state of Florida, and that was unfortunate," Woods said.

For example, teachers can talk to students about their identity or family life, as long as it's not classroom instruction.

The law does not restrict literary references to a gay or transgender person, and library books which are not used for teaching are not covered under the law. It also does not restrict gay-straight alliance clubs.

"That mitigates so much harm that students have been facing for the last year-and-a-half," said Maxx Fenning, the executive director of PRISM, a LGBTQ+ organization for young people in South Florida.

WPTV education reporter Stephanie Susskind speaks to Maxx Fenning, the executive director of PRISM, on March 12, 2024.jpg
WPTV education reporter Stephanie Susskind speaks to Maxx Fenning, the executive director of PRISM, on March 12, 2024.

Fenning said the settlement is a step in the right direction.

"We are really seeing that tide stem and hopefully turn," Fenning said. "We had 22 pieces of anti-LGBTQ legislation introduced in the 2024 legislative session, and only one passed."

"The latest is the law is still in effect as it was written," said Thomas Kenny with Moms For Liberty in Indian River County.

Kenny supports the law in place.

"I think one side got clarification on what the law is intended to do, and they decided to come to an agreement with that," Kenny said.

As part of the settlement, Equality Florida drops its lawsuit, and the Florida Department of Education must provide clarifications to school districts so everyone is on the same page.

Andrew Spar, the president of the Florida Education Association, released the following statement to WPTV about the settlement:

"More than anything, teachers want to be able to provide their students with safe, inclusive learning environments that allow students to grow and thrive. The settlement will now compel the state to provide much needed guidance for teachers, education staff professionals, faculty, parents and students. This clarity is key to making sure that LGBTQ+ community members feel supported in their pursuit of public education in Florida, and reaffirms that we should not tolerate any harassment of students or teachers."

In a written statement to WPTV about the settlement, the School District of Palm Beach County said it "will continue to maintain a safe and welcoming learning environment for our students, while following the direction of the Florida Department of Education regarding the Parental Bill of Rights in Education."