So-called ‘Don’t Say Gay’ law confuses some Florida schools

Most educators do not expect a change in lesson plans but questions persist on how law will be enforced.

Tallahassee, Fla. • Some Florida schools have moved library books and debated changing textbooks in response to a law critics call “Don’t Say Gay” — and some teachers have worried that family pictures on their desks could get them in trouble.

As students return from summer break, educators are cautiously adjusting and waiting to see how the new law governing lessons on gender and sexual orientation will be interpreted and enforced.

The new law, championed by Florida’s GOP Gov. Ron DeSantis, bans lessons on sexual orientation and gender identity in kindergarten through third grade as well as material that is not deemed age-appropriate. Most educators do not expect a major change in lesson plans — one of the key reasons critics cited in saying the law was unnecessary was that teachers do not cover such subjects in early grades anyway.

But some worry it sets a tone that will leave LGBTQ teachers and kids feeling ostracized.

“The messaging of this law is horrible. It’s toxic, it’s discriminatory,” said Gretchen Robinson, a lesbian high school teacher in Orange County. “It targets, very obviously, LGBTQ students, it ‘others’ them, and that is not OK.”

Workshops about the law that her school district’s legal team held over the summer caused confusion. Some staff said they were told teachers in kindergarten through third grade could not display pride flags or photos of their same-sex spouses. The district later said the law only applied to classroom instruction and that the photos were allowed. It apologized for offering bad guidance with a hypothetical discussion.

The law attracted widespread attention and condemnation earlier this year when it worked its way through the Republican-controlled Statehouse. Critics dubbed it “Don’t Say Gay,” though it contains no bans on specific phrases and does not bar material on sexual orientation considered age-appropriate for grades 4 and above.

Opponents say the law would stifle classroom discussion, arguing that it doesn’t clarify what could be deemed inappropriate. It also establishes an enforcement mechanism that invites parents to file lawsuits against districts, potentially heightening tensions between conservatives and school officials.

The Florida debate reflects one that is playing out nationwide, with fights in school boards and state legislatures over what and how children learn about race, gender, sexual orientation and American history. DeSantis and other Republicans have argued parents should be the ones in control of teaching their children about sexual orientation and gender identity.

DeSantis recently addressed some of the concerns at an unrelated news conference, saying: “You know I hear some people say, ‘Wow, school’s coming up. But, you know, Florida, they have parent’s rights in education, they banned CRT (critical race theory), all this stuff. People, how are they gonna know what to teach or whatever?’

“And I’m just thinking to myself, you know, you teach reading, math, science, the basic stuff. And you don’t teach gender ideology, CRT, the sexuality in the elementary schools. That’s not very difficult to know and that’s not very difficult to understand,” he said.

Educators say the state Department of Education has not yet explained clearly how the law will be enforced. In June the agency issued a memo on the law to school district superintendents, but it mostly contained a copy and paste of the legislative text. The agency did not immediately return an email seeking comment.