TALLAHASSEE, Fla. — The administration of Florida Gov. Ron DeSantis is moving to forbid classroom instruction on sexual orientation and gender identity in all grades, expanding the controversial law critics call "Don't Say Gay" as the Republican governor continues a focus on cultural issues ahead of his expected presidential run.
The proposal, which would not require legislative approval, is scheduled for a vote next month before the state Board of Education and has been put forth by state Education Department, both of which are led by appointees of the governor.
The rule change would ban lessons on sexual orientation and gender identity from grades 4 to 12, unless required by existing state standards or as part of reproductive health instruction that students can choose not to take.
DeSantis has leaned heavily into cultural divides on his path to an anticipated White House bid, with the surging Republican increasingly pursuing a conservative agenda that targets what he calls the insertion of inappropriate subjects in schools.
Spokespeople for the governor's office and the Education Department did not immediately return an emailed request for comment.
Thursday during a civics education event with Governor Ron DeSantis, Education Commissioner, Manny Diaz, said this rule is being pushed to avoid confusion in the classroom and to provide clarity for teachers.
"This rule basically says were sticking to the standards. When you're talking about K-12 instruction, all the way through 12th grade, these standards don't incorporate gender ideology or any of these theories in math, social studies, reading or anything else. We preserve the health standards, and that provides it makes it clear for teachers what it is because there were a lot of questions about age appropriate well, this this clarifies it for everyone," Diaz said.
We wanted to know why the Board of Education is pushing for this rule when a bill working its way throuogh the legislature. So, we reached out to an administrative education lawyer in Tampa who does not represent the governor nor the BOE.
"Essentially, what the governor's office is trying to do is reach a certain objective, and in doing so, they're trying to create as many paths to that as objective as possible, as many roads to reach their destination. And so they are looking at passing a statute that gets them there. And they're also promulgating administrative rules, which gets them there. And so, by doing so, they think they're increasing their chances of achieving those goals," Tony Duran, with Tison Law Group, said.
The Florida ACLU told ABC Action News they are prepared to fight these proposed changes whether they come in the form of a new law or a department of education rule change.
"At a time of increasingly eliminationist rhetoric with respect to the trans community, it's a pretty dangerous approach to take... And when you see what this proposal would do, it really shows, it tries to teach our kids, that silencing and excluding others in the name of ambition is justified and that's called bullying not leadership. Its called discrimination, not democracy," Daniel Tilley, Legal Director of the ACLU of Florida, said.
The measure comes after DeSantis championed a law last year that prohibited instruction on gender identity and sexual orientation in kindergarten through third grade.
The law drew widespread backlash nationally, with critics saying it marginalizes LGBTQ people, and kicked off a feud between the state and Disney, which publicly opposed the law.
At the governor's request, the Republican-dominated Legislature voted to dissolve a self-governing district controlled by Walt Disney World over its properties in Florida, and eventually gave DeSantis control of the board in a move widely seen as a punishment for the company opposing the law. The board oversees municipal services in Disney's theme park properties and was instrumental in the company's decision to build near Orlando in the 1960s.
The rule change was first reported by the Orlando Sentinel.
