Proposed Florida rule bans gender teachings in K-12 with exceptions

TALLAHASSEE, Fla. (FLV) – A Florida Department of Education proposed rule filed Thursday would prohibit instruction on sexual orientation and gender identity through 12th grade in public schools.

The proposed rule explains that educators shall not intentionally provide classroom to instruction to students in grades four through 12 on sexual orientation or gender identity.

Exceptions to the proposal include if instruction is either “expressly” required by state academic standards or is part of a reproductive health course or health lesson for which a student’s parent has the option to allow their students to attend.

The State Board of Education would need to approve the rule. A hearing for the rule is scheduled for April 19, 2023.

In 2022, Florida lawmakers approved legislation, called the Parental Rights in Education Act, to ban sexual orientation and gender identity teachings in K-3 grades. Critics dubbed the law “Don’t Say Gay.”

During the 2023 Legislative Session, lawmakers are considering a bill to expand the Parental Rights in Education Act to PreK-8. The legislation also restricts preferred pronoun usage in schools.

In grades 9-12, the bill requires that instruction on sexual orientation and gender identity must be age-appropriate or developmentally appropriate for students. A House committee approved the bill this week 14-4.

With regards to the proposed Department of Education rule, the summary of statement of estimated regulatory costs and legislative ratification said “the Agency has determined that the proposed rule is not expected to require legislative ratification.”