Plaintiffs and Florida education officials have agreed to a settlement in the litigation over the 2022 Parental Rights in Education Act, which the Governor’s Office said aimed to keep “radical gender and sexual ideology” out of young children’s classrooms.
Both the plaintiffs, including parents, students, teachers and nonprofit groups, and the Governor’s Office claimed victory after the settlement was announced March 11. The settlement, which has been submitted to the 11th Circuit Court of Appeals, will likely lead to the dismissal of the underlying lawsuit, which argued the law violated the constitutional rights to equal protection, due process and free speech..
“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,” Ryan Newman, the general counsel for Gov. Ron DeSantis, said in a statement provided by the Governor’s Office. “We are victorious, and Florida’s classrooms will remain a safe place under the Parental Rights in Education Act.”
The Governor’s Office emphasized that under the settlement, classroom instruction about sexual orientation and gender identity will be prohibited in kindergarten through third-grade classrooms. And instruction for older children would have to be age-appropriate, according to the Governor’s Office.
Parents will also have the right to be notified about health care services offered by the school and to decline such services, the Governor’s Office said. And parents will have the right to see questionnaires or health screenings prior to permitting their child to take part in such activities.
Equality Florida, one of the plaintiffs in the case, indicated that the settlement would clarify the impact of the law and ensure that it could not be used to discriminate against LGBTQ students, educators and others.
The settlement clarifies that the restrictions on “instruction” in the law do not restrict how students and teachers can speak about the issues of sexual orientation and gender identity during classroom participation and assignments, according to Equality Florida.
In addition, references to LGBTQ individuals, relationships and families can’t be barred in any educational or extracurricular situation, according to plaintiffs, and the settlement strengthens safeguards against the bullying of anyone based on gender identity or sexual orientation.
“The law does not apply to library books, so long as those books are not being used in the classroom to instruct on the subjects of sexual orientation or gender identity,” a statement from the plaintiffs says.
“For nearly two years, Florida’s notorious ‘Don’t Say Gay’ law has spawned a disturbing wave of fear, anxiety and confusion,” the lead counsel for the plaintiffs, Roberta Kaplan, said in a prepared statement. “By providing much-needed clarity, this settlement represents a major victory for the many thousands of LGBTQ+ students, teachers, parents and their allies throughout Florida.”
The settlement clarifies that gay student groups and protections against hate and bullying are allowed in public schools, Kaplan said. In addition, LGBTQ+ students and teachers have the right to freely draw or display pictures of their partners and families, she said.
The settlement will also require the state Board of Education to send the agreement to every school in Florida and to stress that it reflects the position of the state of Florida.