Florida State Board of Education Approves Rule Prohibiting Classroom Talks on Sexual Orientation Through 12th Grade

Instructors from Raphael House lead a classroom discussion about consent and healthy relat
AP Photo/Gillian Flaccus

Florida’s State Board of Education this week approved a rule essentially expanding a provision of the Parental Rights in Education law by prohibiting inappropriate classroom discussions on sexual orientation and gender identity up until 12th grade, with few exceptions.

News first surfaced in March that the board sought to expand the rule through 12th grade. Under the current rule, classroom discussions on sexual orientation and gender identity are prohibited in K-3rd grade classrooms.

However, the new rule, approved this week, states that Florida educators “shall not intentionally provide classroom instruction to students in prekindergarten through grade 3 on sexual orientation or gender identity.”

It also states that educators “shall not intentionally provide classroom instruction to students in grades 4 through 12 on sexual orientation or gender identity unless such instruction is either expressly required by state academic standards as adopted in Rule 6A-1.09401, F.A.C., or is part of a reproductive health course or health lesson for which a student’s parent has the option to have his or her student not attend.”

In other words, there are limited exceptions for students in older grades.

Violation of the rule will “subject the individual to revocation or suspension of the individual educator’s certificate, or the other penalties as provided by law,” per the rule’s text.

Last month, Florida Commissioner of Education Manny Díaz Jr. defended the then-pending Florida Board of Education rule, simply stating  that they are “sticking to the standards.” Those standards, he explained, “don’t incorporate gender ideology or any of these theories in math, social studies, reading or anything else.”

“What you’re really looking at, and the rule, is to avoid the confusion, [and] provide clarity for teachers on the instruction,” Diaz explained:

There’s a bill going through the legislature, like you said, but this rule basically says that we’re sticking to the standards, and when you’re talking about K through 12, instruction all the way through 12th grade, these standards don’t incorporate gender ideology or any of these theories in math, social studies, reading, or anything else.

Diaz emphasized the rule preserves health standards and “makes it clear for teachers what it is because there were a lot of questions about age-appropriate.

“Well, this clarifies it for everyone,” he added.

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According to a report from Florida’s Voice, the rule goes into place in 34 days.

This is separate from the recent efforts of the Florida legislature via HB 1223, which also aims to build upon the Parental Rights in Education law.

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