This week, Florida Governor Ron DeSantis (R) signed into law a measure, the Parental Rights in Education Bill, which critics successfully labeled a “Don’t Say Gay” law.
It certainly aims to limit LGBTQ discussion in schools. But it’s also at the forefront of the battle over how much parents should have in their children’s education — and it raises questions about how much schools should act as a support system for students, period.
Here are three big things the law does, why it’s controversial, and the effect it can have on students.
1. Prohibits classroom instruction or discussion of LGBTQ issues from kindergarten through third grade. For older students, discussion of gay and transgender issues should be “age or developmentally appropriate”.
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The law is effectively a statement that classroom education on sexual orientation and gender should not start early and that parents should have the final say on what their children learn and when. It aims to “strengthen the fundamental right of parents to make decisions about the education and control of their children”, according to the text of the legislation.
What impact can this have on students:
For one, sex education was once banned in Florida (as in many states) until fifth grade. So critics say the law tries to solve a problem that doesn’t exist for Florida’s younger students. Because it limits even classroom discussions on LGBTQ issues, it can smother conversations for children who need to work through their own gender or sexual identity issues, they say.
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“This raises the question of whether a professor has a picture of a partner on his desk, or is called Mr. or Ms., whether that counts as classroom instruction on gender identity,” said Brandon Wolf, with LGBTQ advocacy group Equality Florida.
2. Empowers parents to sue the school district for teaching they don’t like. And the district will have to pay for it.
What impact can this have on students:
This can lead schools to preemptively exclude teachings or conversations about LGBTQ issues. Some librarians across the country are accusing their schools of discreetly removing race- and LGBTQ-related books from their shelves before a fight breaks out, the Washington Post recently reported.
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“School districts with no money can’t afford to test the limits of a law like this,” Wolf said, citing reports that some schools in the state have begun removing rainbow safe space stickers from windows. “It is the chilling effect that is a natural implication of this legislation.”
3. Requires schools to inform parents when their children receive mental health services.
What impact can this have on students:
This can take away from a school’s ability to serve as a haven for students who may not feel comfortable talking to their parents about their gender or sexuality orientation.
But proponents say this would ensure parents are informed if their children are confused about their identity. One of the bill’s supporters is a Florida mother who says her son’s school recognized her son’s gender identity as different from the one they recognized at home.
Why did this bill generate so much controversy?
LGBTQ advocates say this legislation is a continuation of an effort to paint LGBTQ people as “others” or even dangerous. This bill comes at a time when right-led culture wars are catching fire with the grassroots, but also when more young Americans than ever before are identifying as LGBTQ.
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DeSantis, in particular, has used language that seems to vilify people who oppose – and, in his opinion, misrepresent – the law: “They have to lie because, if they admit what they’re really good for, sexualizing kindergarten kids.” , he said in an interview with Fox. News from Tucker Carlson. “…[And] they know it wouldn’t fly with the public.”
His press secretary accused opponents of “preparing” young children.
If you’re against the Anti-Grooming Bill, you’re probably a groomer or at least you don’t report the grooming of 4-8 year olds. Silence is complicity. That’s how it works, Democrats, and I didn’t make the rules.
This language fits into a broader Republican narrative of accusing opponents of supporting pedophilia. It was one of the main Republican lines of questioning against President Biden’s Supreme Court nominee, Justice Ketanji Brown Jackson, although his sentences in child pornography cases were in line with the mainstream judiciary.
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“If you want to go after someone and make them the worst person possible – make them look like they’re evil incarnate – then ‘you’re soft on child molestation’ is a great way to go,” said Joseph Uscinski, researcher of extreme ideologies at the University of Miami.
On Thursday, gay rights groups sued Florida over the law, arguing that it violates the constitutionally protected rights of free speech, equal protection and due process of students and families.
How this bill pushes the lines in the parental rights debate
Proponents argue that parents, above all else, should be responsible for what subjects their children are exposed to and when.
This argument is perfectly in line with the right-wing opposition to mask and vaccine mandates in schools. The right has also opposed certain school discussions about race following the protests following the murder of George Floyd.
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Florida has been at the forefront of all of this: it has banned conversations in schools that make someone feel “guilty” about their race, as well as teachings on critical race theory, an academic construct that conservatives have used as a catch-all term to describe conversations about race. that they consider offensive.
When framed through the lens of this broader debate over parental rights, this bill to restrict discussion of LGBTQ issues isn’t all that unpopular.
A February poll by the University of North Florida found that 40 percent of Florida residents passed the legislation when they were told the bill reads like this: “Another bill in the Florida Senate would prohibit school districts from encouraging discussion of sexual orientation or gender identity in grades K-5, or in a way that is age or developmentally inappropriate.” That’s a significantly high percentage in support of a law that its opponents consider extreme. (Forty-nine percent failed.)
What is the Florida Parental rights Bill?
The bill establishes the “Declaration of Parental Rights”. The bill provides that the State, its political subdivisions, any other governmental entity or other institution cannot infringe a parent’s fundamental rights to direct the education, education, health care and mental health of a minor child.
What is a Parent Invoice? The bill would expand parents’ access to the course curriculum and give them greater control over decisions about their children that are normally left to school, such as whether a student should repeat a course or grade.
Can I hold my child back in Florida?
If you wish to retain your child, you must submit a written retention request to your school principal “that specifies the academic reasons for the retention”. This application must be submitted by June 30 to be considered.
Can you hold a child back a school year?
Repeating an academic year is not provided for by law, so there is no legal ‘right’ to request this and no formal process for doing so. It is up to each school and local authorities to support this type of agreement for a child.
What grades can you get held back in Florida?
Florida law [section 1008.25(5), Florida Statutes (FS)] says that third graders who do not have a score of Level 2 or higher on the Florida State Standards Assessment ̶English Language Arts (FSA-ELA) ) must be retained (not promoted to grade 4).
Is it the parents decision to hold a child back?
Legislation enacted June 30 allows parents and students over the age of 18 to decide for themselves whether they or their child should repeat the 2020-21 grade. In other years, the decision to retain students is made by school officials and teachers.
Can you hold your child back a grade in Florida?
(CBS12) — A new law is allowing Florida parents to retain their children in school. House Bill 1159 allows parents of elementary school students to withhold a grade from their child if they feel the student is having academic problems.
Can a father take a child away from the mother in Florida?
If there is no court order naming another person as the legal guardian, the natural mother is the child’s sole legal guardian. The parent cannot attempt to take the child without first obtaining a court order.
Do mothers have more rights than fathers in Florida? All mothers instantly obtain parental rights over their children at birth. Parents are granted custody and visitation rights, pending a DNA paternity test. Florida’s single parent custody laws state that both parents share equal custody rights.
Can one parent take a child without permission in Florida?
When it comes to “parental kidnapping,” the parent who takes a child without the other parent’s permission may not have the intention to terrorize the child, hold him or her hostage, or ask for a ransom. Despite this, parents who commit “parental kidnapping” can still face legal consequences in the state of Florida.
What rights does a father have to his child in Florida?
Florida calls its custody and visitation rights parental responsibility and time-sharing. Parental rights include decision-making input. Florida law provides several ways for a parent to establish paternity for a child born out of wedlock: Marriage of the parents.
Who has custody of a child if there is no court order in Florida?
Under Florida law, the mother is the natural guardian of a child born out of wedlock. A guardian is someone to whom the law has entrusted the custody and control of another person. The single mother has legal custody of the child automatically.
What is considered kidnapping your own child in Florida?
Florida Law Committing or facilitating a crime; Inflicting bodily harm or terrorizing someone; or. Interfere with the performance of a governmental or political function (this includes confinement of a child under the age of 13 if such confinement is without the consent of their parents or guardians).
Can a father get custody of his child in Florida?
In Florida, it is rare for one parent to have sole responsibility and custody of the parents. However, it is not impossible. In order for a court to grant full custody to one of the parents, the court must determine that shared parental responsibility would be harmful to the children and not to their best interests.
What rights does an unmarried father have to his child in Florida?
In Florida, a single parent does not have legal custody or time-sharing rights until paternity is established. Until paternity is legally established in the courts, the mother has sole, legal and physical custody of the child or children.
What makes a parent unfit in Florida?
What does it mean to be an inappropriate parent in Florida? Florida Statute §751.05 states that the court must determine that a parent has abandoned, abused, or neglected a child to find that one of the parents is unfit. A parent may also be considered unfit if the parent has a mental illness or substance abuse problem.
What rights does a father have to his child in Florida?
Florida calls its custody and visitation rights parental responsibility and time-sharing. Parental rights include decision-making input. Florida law provides several ways for a parent to establish paternity for a child born out of wedlock: Marriage of the parents.
What rights does a father have to his child in Florida?
Florida calls its custody and visitation rights parental responsibility and time-sharing. Parental rights include decision-making input. Florida law provides several ways for a parent to establish paternity for a child born out of wedlock: Marriage of the parents.
How long does a father have to be absent to lose his rights in Florida?
This means that if a parent cannot be located for a period of 60 days or more, the court may, depending on the circumstances, strip the absent parent of parental rights and assign those rights to another party. The best interest of the child is paramount in this situation.
Can a mother keep a child from the father in Florida?
In Florida, a single parent does not have legal custody or time-sharing rights until paternity is established. Until paternity is legally established in the courts, the mother has sole, legal and physical custody of the child or children.
Can a mother deny a father access to his child?
Article 35 of the Children’s Act, “Refusal of access or refusal to exercise parental responsibilities and rights”, provides that any person (usually the guardian parent) who refuses a person who holds parental responsibilities and rights under a of court (Parental Plan, Settlement or similar) …
Are private schools in Florida accredited?
Many private schools in Florida are also SACS-accredited. For private schools, accreditation is not required and is obtained by the school’s adoption and maintenance of academic standards prescribed by an independent accrediting association, usually affiliated with the school’s religion or educational philosophy.
How do I find out if a Florida school is accredited? Accreditation, Registration, Licensing and Approval Registration for each school can be found at: http://www.fldoe.org/schools/school-choice/private-schools/general-requirements.stml.
Do Florida private school teachers have to be certified?
Teacher Certification While there are no state certification requirements for private school teachers in Florida, instructors must meet one of the following requirements to teach: The instructor holds a bachelor’s degree. This degree can be in any field.
Do Florida private schools have to follow state standards?
All private schools are required under s. 1002.42, Florida Statutes, to register with the Department of Education and complete an annual survey each year.
Do you need a degree to teach in a private school in Florida?
Individuals with a bachelor’s degree in any field are eligible to teach at participating private schools.
Are private school teacher required of a license?
The Secretariat of Education-Region of the National Capital (NCR) issued Regional Memorandum 78, s. 2018 that requires all private schools in the region to strictly comply with the license prescribed for their entire faculty, with exceptions provided for by law.
How do I become a private teacher in Florida?
Becoming a private tutor in Florida typically requires at least an undergraduate degree, a Florida teaching certificate, and specific knowledge in a particular academic field. The best way to become a private tutor in Florida is to contact local schools and ask if they maintain a list of teachers.
How are private schools regulated in Florida?
All private schools are required under s. 1002.42, Florida Statutes, to register with the Department of Education and complete an annual survey each year. Each private school owner must fingerprint the FDLE for a criminal background check.
Do private schools have school governing body?
Independent schools are not required to follow governance regulations designed for public schools. They do not need student representatives or most current parents on their governing body.
Who are private schools regulated by?
All independent schools are private schools, and these terms are often used interchangeably, but technically independent schools are all overseen by a board of governors or trustees, while other private schools may be run by their owner without any governing body. government.
Who regulates private schools in Florida?
The State Department of Education (DOE) has the responsibility and authority to write rules for public and private schools in Florida and the Department of Health has inspection authority to enforce DOE standards under section 381.006(16), Florida Statutes.
Who accredits private schools in Florida?
Accreditation Agencies
- National Council for Accreditation of Private Schools (NCPSA)
- Southern Association of Colleges and Schools.
- Florida Association of Academic Nonpublic School (FAANS)
Who regulates private schools in Florida?
The State Department of Education (DOE) has the responsibility and authority to write rules for public and private schools in Florida and the Department of Health has inspection authority to enforce DOE standards under section 381.006(16), Florida Statutes.
Do private schools have school governing body?
Independent schools are not required to follow governance regulations designed for public schools. They do not need student representatives or most current parents on their governing body.
Are private school teachers required of a license?
The Secretariat of Education-Region of the National Capital (NCR) issued Regional Memorandum 78, s. 2018 that requires all private schools in the region to strictly comply with the license prescribed for their entire faculty, with exceptions provided for by law.
Are private school teachers required to have a license in the Philippines? According to Republic Law No. 7836 or the Philippine Teacher Professionalization Act 1994, no one can practice the teaching profession without obtaining a valid certificate of professional registration and license.
