Asking students to talk about their families is common in preschool. In Florida, the activity could become a problem for teachers.
A new rule, called the Parental Education Rights Act and dubbed by critics the “Don’t Say Gay,” was passed by the state Senate on March 8 and signed into law by Governor Republican Ron De Santis, this Monday (28).
The text says that “instructions on sexual orientation or gender identity cannot be given in kindergarten and up to the third year of elementary school, which affects children up to eight years old.” It also indicates that these concepts should not be debated “in a manner that is not age-appropriate” and “in accordance with state standards.”
However, the Florida school curriculum does not provide for addressing these topics in this age group, and the project does not define what state parameters would be.
“The law could restrict content about equality and prejudice towards LGBTQIA+ individuals, potentially across all grades. It could restrict clubs formed by students supporting gay people. A teacher may not be able to recommend books or lessons that discuss homosexuality or gender identity affirmatively,” says Jeremy Young, senior manager at Pen America, a free speech organization.
Thus, teachers and experts critical of the project point out that the main consequence of the law will be to make the school environment more hostile and less welcoming.
“I have a four-year-old daughter, where children learn about holidays like Thanksgiving. Imagine that on Monday, a student says about his family gathering, ‘My aunt took her wife.’ If another student asks ‘what do you mean?’, what should the teacher do?”, exemplifies Kevin Goldberg, an expert at the Freedom Forum, a civil rights organization.
“It’s an activity about families, it teaches about traditions, but he may not know how to deal with it, because he runs the risk of getting into trouble.”
Clay Calvert, director of the First Amendment project at the University of Florida, believes that teachers may start practicing self-censorship, for fear that they and the school will be sued by their parents.
“No teacher teaches their students to be gay. We believe in inclusion and diversity, and we need to accept children as they are. If a child wants to talk about their gay parents, they should be able to do that in the classroom without feeling intimidated.” ponders Karla Hernandez-Mats, president of the United Teachers of Dade union in the Miami area.
According to her, LGBT educators are also feeling threatened – one of them would have said that she has already decided to leave the profession. “We have a shortage of teachers in the US. It’s a noble career, but stressful and poorly paid, and people aren’t wanting to get into it anymore.”
Don’t Say Gay is just one more example of a wave trying to increase parental control over school content in the US. The theme was used successfully in the Virginia state election in November. Republican Glenn Youngkin, elected in a state previously under Democratic control, pledged in the campaign to end the teaching of so-called critical race theory — which was not part of the curriculum.
In November of this year there will be regional elections in Florida and in 35 other states, in addition to the renewal of part of the Congress. With an eye on attracting votes, Republican politicians have reinforced their support for agendas capable of attracting the conservative electorate.
“The law tells parents that their right to raise their children doesn’t end when they enter the classroom. It recognizes that parents are not the enemy,” said State Senator Danny Burgess, who voted in favor of the measure. “The law simply says that there must be an age limit for certain discussions. This is neither a new nor a radical concept.”
He and other supporters of the proposal argue that it has been misrepresented, as it does not explicitly veto the use of terms like “gay”. Along these lines, children can be confused by learning about the concept of gender identity too early.
“[A lei] will protect young children from what is, in effect, sexual preparation. In recent years, explicit and inappropriate material has flooded classrooms,” wrote Jay Richards, a researcher at the Heritage Foundation, a conservative think tank. a children’s book called “I Am Jazz”, which deals with gender transition.
Democrats were staunchly opposed to the measure, including at the national level. “Why are politicians in Florida deciding that they need to discriminate against children who are members of the LGBTQIA+ community? Is it out of spite? Is it because they want children to have a harder time at school and in the community?” asked Jen Psaki, a spokeswoman for the White House. in the beginning of the month.
US Education Secretary (equivalent to minister), Miguel Cardona, added to the criticism, calling the text a hate law and saying that it could affect some of the students who need it most. He said schools that receive federal funds must follow civil rights laws, including protections against discrimination based on sexual orientation and gender identity.
“Projects like this don’t solve any problems. Instead, they shamefully attack and endanger LGBTQIA+ students, whom the state has an obligation to protect and treat equally,” says Cathryn M. Oakley, director of state law at Human Rights Campaign. She recalls that people in this group have more than twice the risk of suffering problems such as depression and anxiety.
A survey by the entity showed that 25 laws considered anti-LGBTQIA+ were passed in the US in 2021 — and more than 290 proposals in this regard were presented in 33 states.
Last week, lawmakers in Georgia proposed a bill similar to the Don’t Say Gay, and the Florida Senate is debating another bill, called the Stop Woke Act, which provides for restrictions on discussions of topics such as racial inequality in workplaces and class —in eventual approval, companies that deal with the issue with their employees could be sued.
Specialists point out that texts like this can end up in court, based on the First Amendment, which guarantees freedom of expression. “In teaching, teachers are paid to pass along content, so the First Amendment doesn’t apply to them in that context. But the rule also says that people — students — have a right to receive information, and this new law could be questioned for restricting that right”, analyzes Calvert.
Another problem with the standard is that it does not make it clear whether “instruction” refers only to the content of the classes or to any interaction between student and teacher. “Constitutional amendments require laws to be written accurately so that people can know whether or not they are violating them. So Don’t Say Gay is potentially unconstitutional,” says Goldberg.
