As school districts across the state and particularly in Southwest Florida struggle to reopen after the massive damage inflicted by Hurricane Ian, the deadliest hurricane to strike the state of Florida since the 1935 Labor Day storm, the Florida Department of Education voted unanimously Wednesday on new rules designed to intimidate school districts and teachers that affirm LGBTQ students.
Equality Florida, the state’s largest LGBTQ advocacy organization, noted that the Florida Department of Education with these new rules has expanded the enforcement of House Bill 1557, the “Don’t Say LGBTQ” law. One rule passed Wednesday 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.”
“The Board of Education’s move to target individual teachers’ jobs and licenses is another cruel attack from an administration that has spent months punching down at Florida’s LGBTQ youth and families,” said Equality Florida Senior Political Director Joe Saunders. “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. 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, threatening teachers if they dare to acknowledge LGBTQ families in the classroom. This escalation in deference to the far right agenda of the governor makes our schools less inclusive — and less safe.”
Nearly 100 LGBTQ advocates attended the Board of Education meeting today in Orlando, and more than 1,000 people sent messages to board members in support of teachers, families and LGBTQ students.
Another rule passed Wednesday targets school districts with policies that allow transgender students safe access to bathrooms and locker rooms. While not denying those facilities to transgender and nonbinary students, the new rule requires school districts notify parents in the district if they have a policy allowing bathrooms or locker rooms to be separated on a basis “other than biological sex at birth.”
“The Board of Education’s facilities separation rule does not and cannot prevent transgender students from accessing facilities aligned with their gender identity — we know Federal law and the constitution protect these rights. Florida school districts have been following federal law for more than a decade, establishing policies we know will continue to work long after this politically-motivated proposed rule. What it does do is attempt to bully and intimidate districts that are providing these accommodations. Ron DeSantis’ war on transgender Floridians must end. All students deserve access to school facilities that are inclusive and safe,” added Saunders.
Education Commissioner Manny Diaz, a former state senator who sponsored the “Don’t Say Gay/LGBTQ” law, has been leading the efforts against Florida’s LGBTQ students.
In July he issued a memo instructing school districts to ignore Title IX nondiscrimination protections for trans students, threatening costly penalties even though federal law and case law require accommodations for trans youth.
LGBTQ-inclusive school district policies are still supported by federal protections that exist to provide safe, welcoming spaces for all students. The Biden administration has issued guidance instructing schools to comply with Title IX protections against discrimination on the basis of sex, which is inclusive of sexual orientation and gender identity.
School districts 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.
Story courtesy of the Washington Blade.