Sexual orientation, gender identity can be discussed in Fla. schools

Florida education officials and civil rights attorneys reached a new settlement over the state's "Don't Say Gay" law.

Students and teachers will be able to speak freely about sexual orientation and gender identity in Florida classrooms, provided it’s not part of instruction, under a settlement reached Monday between Florida education officials and civil rights attorneys who had challenged a state law which critics dubbed “Don't Say Gay.”

The settlement clarifies what is allowed in Florida classrooms following passage two years ago of the law prohibiting instruction on sexual orientation and gender identity in early grades. Opponents said the law had created confusion about whether teachers could identify themselves as LGBTQ+ or if they even could have rainbow stickers in classrooms.

Other states used the Florida law as a template to pass prohibitions on classroom instruction on gender identity or sexual orientation. Alabama, Arkansas, Indiana, Iowa, Kentucky and North Carolina are among the states with versions of the law.

Under the terms of the settlement, the Florida Board of Education will send instructions to every school district saying the Florida law doesn't prohibit discussing LGBTQ+ people, nor prevent anti-bullying rules on the basis of sexual orientation and gender identity or disallow Gay-Straight Alliance groups. The settlement also spells out that the law is neutral — meaning what applies to LGBTQ+ people also applies to heterosexual people — and that it doesn't apply to library books not being used in the classroom.

“What this settlement does, is, it reestablishes the fundamental principle, that I hope all Americans agree with, which is every kid in this country is entitled to an education at a public school where they feel safe, their dignity is respected and where their families and parents are welcomed,” Roberta Kaplan, the lead attorney for the plaintiffs, said in an interview. “This shouldn’t be a controversial thing.”