‘Don’t Say Gay’ settlement unlikely to impact local school district policies
District policies related to how LGBTQ issues are handled at school could soon be changing as the result of a settlement agreement reached in a legal challenge to the Parental Rights in Education Act… Or the “Don’t Say Gay Law” as opponents branded it.
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The settlement specifically states the law does not prohibit students and school staff from having conversations about sexual orientation or gender identity, so long as the topics aren’t part of classroom instruction.
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It notes library books are not considered classroom instruction, and that the law does not prohibit books simply for having an LGBTQ character or theme.
The settlement also clarifies safe space stickers, anti-bulling policies and Gay Straight Alliances are not prohibited under the law.
LGBTQ teachers are free to have and display photos with their partners in the classroom as well.
“This settlement agreement successfully secured critical protections for LGBTQ students and parents and educators,” said Equality Florida’s Carlos Guillermo Smith.
RELATED: Teachers, students able to speak about gender, sexual orientation after ‘Don’t Say Gay’ settlement
Smith, who served in the Florida House when the bill was passed in 2022, said the settlement guarantees the law cannot be used to discriminate against LGBTQ students and staff going forward.
“These are the types of protections we would work to secure from a Democratic governor in a Democratic administration,” said Smith.
However, according to Duval County Public Schools, the settlement is unlikely to impact any specific policies at the local level.
DCPS told Action News Jax it does not have any policies currently on the books in conflict with the settlement.
Instead, a district spokesperson told Action News Jax in a statement the settlement simply clarifies what is and isn’t allowed.
“The settlement provides great clarification on what constitutes prohibited instruction on gender identity and sexual orientation. While it does not impact policy, it enables us to clarify guidance to principals and teachers on this topic,” said DCPS Director of Strategic Communications Laureen Ricks in an emailed statement.
Former Jacksonville State Representative Jason Fischer, who co-sponsored the bill in 2021, told Action News Jax the end result is that the law will stay in place and in full effect.
READ: Duval School Board rejects proposals to move district headquarters
“Just provide clarity. You know, nobody is being discriminated against. We want to make sure people’s rights are protected and we want to make sure that the information that our children are being taught is age appropriate. And so, I think it’s a win all around,” said Fischer.
The Governor’s Office also took the settlement as a win.
“We fought hard to ensure this law couldn’t be maligned in court, as it was in the public arena by the media and large corporate actors,” said the Governor’s General Counsel Ryan Newman in a statement posted the Governor’s official website. “We are victorious, and Florida’s classrooms will remain a safe place under the Parental Rights in Education Act.”
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