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PaperclipPerfector  1yr ago (text post)   29464 thread views

Culture War Roundup for the week of August 7, 2023

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Rule 6A-10.081 seems to be going beyond the law. The restriction to required or reproductive health courses in the law is not about classroom instruction on sexual orientation or gender identity but on instructional materials which "depict or describe sexual conduct". Could be administrative error in creating the rule, could be malicious compliance.

I think perhaps you are looking at a different law (HB 1069).

HB 1557 indeed applies to instruction:

Classroom instruction by school personnel or third parties on sexual orientation or gender identity may not occur in kindergarten through grade 3 or in a manner that is not age-appropriate or developmentally appropriate for students in accordance with state standards.

I agree that the State Board of Education has indeed interpreted the latter part broadly (though perhaps not incorrectly).

HB 1069 (2023) in part amends HB 1557 (2022). It does have the "age-appropriate or developmentally appropriate" language, but neither bill applies "unless such instruction is either expressly required by state academic standards as adopted in Rule 6A-1.09401, F.A.C., or is part of a reproductive health course or health lesson for which a student's parent has the option to have his or her student not attend" to instruction on sexual orientation; that is only applied to depictions and descriptions of sexual acts.

There is separate language in 1069 re instruction on sexual orientation:

Classroom instruction by school personnel or third parties on sexual orientation or gender identity may not occur in prekindergarten kindergarten through grade 8, except when required by ss. 1003.42(2)(n)3. and 1003.46. If such instruction is provided in grades 9 through 12, the instruction must be 3 or in a manner that is not age-appropriate or developmentally appropriate for students in accordance with state standards. This subparagraph applies to charter schools.

See page 7 of enrolled version of bill.

That's the same language, amended. You may note that if you remove the italicized sections and restore the struck-out sections, you have the HB 1557 version. HB 1069 basically just extended the prohibition from K through 3 to pre-K through 8. For high school (grades 9-12), the requirement is the same: "age-appropriate or developmentally appropriate for students in accordance with state standards"

In neither bill does the "unless such instruction is either expressly required..." appear in that section; that's from a totally different part of the law.

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