Florida Parental Rights in Education Act

"Don't Say Gay" redirects here. For other laws in the United States commonly described as "Don't Say Gay", see Anti-LGBT curriculum laws in the United States.

Parental Rights in Education
Florida Legislature
  • An act relating to parental rights in education; amending s. 1001.42, F.S.; requiring district school boards to adopt procedures that comport with certain provisions of law for notifying a student's parent of specified information; requiring such procedures to reinforce the fundamental right of parents to make decisions regarding the upbringing and control of their children in a specified manner; prohibiting the procedures from prohibiting a parent from accessing certain records; providing construction; prohibiting a school district from adopting procedures or student support forms that prohibit school district personnel from notifying a parent about specified information or that encourage or have the effect of encouraging a student to withhold from a parent such information; prohibiting school district personnel from discouraging or prohibiting parental notification and involvement in critical decisions affecting a student's mental, emotional, or physical well-being; providing construction; prohibiting classroom discussion about sexual orientation or gender identity in certain grade levels or in a specified manner; requiring certain training developed or provided by a school district to adhere to standards established by the Department of Education; requiring school districts to notify parents of healthcare services and provide parents the opportunity to consent or decline such services; providing that a specified parental consent does not wave certain parental rights; requiring school districts to provide parents with certain questionnaires or health screening forms and obtain parental permission before administering such questionnaires and forms; requiring school districts to adopt certain procedures for resolving specified parental concerns; requiring resolution within a specified timeframe; requiring the Commissioner of Education to appoint a special magistrate for unresolved concerns; providing requirements for the special magistrate; requiring the State Board of Education to approve or reject the special magistrate's recommendation within specified timeframe; requiring school districts to bear the costs of the special magistrate; requiring the State Board of Education to adopt rules; providing requirements for such rules; authorizing a parent to bring an action against a school district to obtain a declaratory judgment that a school district procedure or practice violates certain provisions of law; providing for the additional award of injunctive relief, damages, and reasonable attorney fees and court costs to certain parents; requiring school district to adopt policies to notify parents of certain rights; providing construction; requiring the department to review and update, as necessary, specified materials by a certain date; providing an effective date.[1]
CitationHouse Bill 1557
Enacted byFlorida House of Representatives
Enacted byFlorida Senate
Signed byRon DeSantis
SignedMarch 28, 2022 (2022-03-28)
CommencedJuly 1, 2022 (2022-07-01)
Legislative history
First chamber: Florida House of Representatives
Introduced byJoe Harding
PassedFebruary 24, 2022 (2022-02-24)
Voting summary
  • 69 Florida Representatives
    (68 Republicans and 1 Democrat)
    voted for
  • 47 Florida Representatives
    (40 Democrats and 7 Republicans)
    voted against
Second chamber: Florida Senate
Member(s) in chargeDennis Baxley
PassedMarch 8, 2022 (2022-03-08)
Voting summary
  • 22 Florida Senators
    (22 Republicans)
    voted for
  • 17 Florida Senators
    (15 Democrats and 2 Republicans)
    voted against
Status: Unknown

The Parental Rights in Education Act (HB 1557), commonly referred to as the Don't Say Gay law, is a Florida statute passed in 2022 that regulates public schools in Florida. The law is most notable for its controversial sections that prohibit public schools from having "classroom discussion" or giving "classroom instruction"[a] about sexual orientation or gender identity from kindergarten through third grade or in any manner deemed to be against state standards in all grades; prohibits public schools from adopting procedures or student support forms that maintain the confidentiality of a disclosure by a student, including of the gender identity or sexual orientation of a student, from parents; and requires public schools to bear all the costs of all lawsuits filed by aggrieved parents.[1]

Introduced by Florida state legislators Joe Harding and Dennis Baxley, the legislation is generally (though not unanimously) supported by the Republican Party. In the Florida House of Representatives, the act passed in a 69 to 47 vote on February 24, 2022; with 68 Republicans and 1 Democrat voting for it; and 40 Democrats and 7 Republicans voting against it.[2] The Florida Senate passed the bill in a 22 to 17 vote on March 8, 2022; with 22 Republicans voting for it; and 15 Democrats and 2 Republicans voting against it.[3] Florida governor Ron DeSantis signed the bill on March 28, 2022, and the act went into effect on July 1 of that year as part of Florida Statute §1001.42.[4] Its passage has prompted the introduction of various similar laws within other states and the federal government, and Florida legislators have introduced bills expanding the scope of the law.[5] The Florida Board of Education later expanded the ban on teaching about sexual orientation or gender identity to all grades K-12 in April 2023, with the exception of health or reproductive courses.[6]

The bill received support from Republican politicians and conservative organizations. However, the bill has also received widespread backlash, especially from students, who demonstrated against the act throughout Florida by holding walkouts across middle and high schools.[7] Additional organizations who have issued statements against the act include those representing teachers,[b] pediatricians,[c] psychologists,[d] and hundreds of major corporations.[14] Most prominently among businesses, The Walt Disney Company came out in opposition to the legislation following protests by its employees,[15] precipitating a feud between Disney and DeSantis that resulted in the eventual renaming of the Reedy Creek Improvement District and transferring the power to appoint its board from Disney to DeSantis and the governorship.[16][17] Polls have shown both a plurality or majority opposition to the act or support for the act, with support for the act being higher among older generations and opposition to the act being higher among younger generations.[18]

Multiple lawsuits were filed against the act with the support of advocacy groups representing parents and families of LGBT+ children; numerous other advocacy groups have also issued statements opposing the act.[e][21] After a federal district court dismissed one suit, the Eleventh Circuit (considering an appeal) indicated it would likely rule against the Parental Rights in Education Act. The groups settled with the state in March 2024 to purposely narrow the law to restrict only the direct teaching of gender identity and sexual orientation in classrooms, while once again allowing discussions about the LGBT community and LGBT rights between students and teachers and allowing school libraries to carry books about the LGBT community and LGBT rights.

  1. ^ a b c "Florida House Bill 1557". The Florida Senate. Archived from the original on February 1, 2023. Retrieved April 13, 2022.
  2. ^ "Florida House Bill 1557" (PDF). The Florida Senate. Archived (PDF) from the original on December 15, 2022. Retrieved December 15, 2022.
  3. ^ "Florida House Bill 1557" (PDF). The Florida Senate. Archived (PDF) from the original on December 15, 2022. Retrieved December 15, 2022.
  4. ^ O'Connor, Lydia (March 28, 2022). "Gov. Ron DeSantis Signs Florida's 'Don't Say Gay' Bill Into Law". HuffPost. Archived from the original on May 6, 2022. Retrieved April 13, 2022.
  5. ^ "Florida Republicans introduce 3 bills to expand state's 'Don't Say Gay' law". NBC News. March 8, 2023. Archived from the original on March 8, 2023. Retrieved March 11, 2023.
  6. ^ Contorno, Steve (April 19, 2023). "Florida bans teaching of gender identity and sexual orientation through 12th grade | CNN Politics". CNN. Retrieved May 16, 2023.
  7. ^ Vera, Amir; Alvarado, Caroll (March 7, 2022). "Florida students participate in massive walkout to protest the 'Don't Say Gay' bill". CNN. Archived from the original on November 3, 2022. Retrieved November 8, 2022.
    Lavietes, Matt (March 4, 2022). "Florida students stage school walkouts over 'Don't Say Gay' bill". NBC. Archived from the original on August 22, 2022. Retrieved November 8, 2022.
    Nystrom, Andy (April 2, 2022). "IMS students protest 'Don't Say Gay' bill during walkout". Mercer Island Reporter. Archived from the original on January 2, 2023. Retrieved January 2, 2023.
    Hand, Mark (March 16, 2022). "Arlington Middle Schoolers Protest Florida's 'Don't Say Gay' Bill". Patch. Archived from the original on January 2, 2023. Retrieved January 2, 2023.
    Cho, Micah (April 1, 2022). "Montford Middle School students stage walk-out over "Don't Say Gay" law". WTXL ABC 27. Archived from the original on January 24, 2023. Retrieved January 24, 2023.
    Villarreal, Daniel (March 7, 2022). "Students across Florida walkout of classes in protest of "Don't say gay" bill". LGBTQ Nation. Archived from the original on March 7, 2022. Retrieved April 13, 2022.
    Solochek, Jeffrey; Sokol, Marlene (March 4, 2022). "Tampa Bay students walk out in protest of Florida's 'don't say gay' bill". Tampa Bay Times. Archived from the original on March 6, 2022. Retrieved April 13, 2022.
    Dunne, Samanta (March 3, 2022). "Students across Seminole County walkout to protest Florida's 'Don't Say Gay' bill". ClickOrlando. Archived from the original on January 2, 2023. Retrieved January 2, 2023.
    Brenner, Keri (April 1, 2022). "Marin students protest Florida 'don't say gay' law". Marin Independent Journal. Archived from the original on January 2, 2023. Retrieved January 2, 2023.
    Harrell, Gershon (March 2, 2022). "Alachua County students mobilize in protest of the controversial 'Don't Say Gay' bill". The Gainesville Sun. Archived from the original on December 25, 2022. Retrieved January 2, 2023.
  8. ^ "AFT Condemns Signing of 'Don't Say Gay' Bill in Florida". American Federation of Teachers. March 28, 2022. Archived from the original on February 14, 2023. Retrieved February 14, 2023.
  9. ^ "Florida students: We see you, we hear you and we are with you". National Education Association. March 25, 2022. Archived from the original on February 14, 2023. Retrieved February 14, 2023.
  10. ^ "Ultimately, these bills will harm students". Florida Education Association. February 24, 2022. Archived from the original on February 14, 2023. Retrieved February 14, 2023.
  11. ^ VanDeman, Scott (March 16, 2022). "FCAAP Encourages Governor to Veto "Don't Say Gay" BILL". Florida Chapter of the American Academy of Pediatrics. Archived from the original on January 2, 2023. Retrieved January 2, 2023.
  12. ^ "APA president condemns Florida's 'Don't Say Gay' bill". American Psychological Association. March 9, 2022. Archived from the original on January 1, 2023. Retrieved April 28, 2022.
  13. ^ "Psychologists Explain Why HB 1557, Dubbed 'Don't Say Gay,' Is Unhealthy For Children". CBS Miami. March 29, 2022. Archived from the original on February 14, 2023. Retrieved February 14, 2023.
  14. ^ "Business Statement on Anti-LGBTQ State Legislation". Human Rights Campaign. Archived from the original on February 15, 2023. Retrieved February 14, 2023.
  15. ^ Blair, Elizabeth (March 10, 2022). "After protests, Disney CEO speaks out against Florida's 'Don't Say Gay' bill". NPR. Archived from the original on February 14, 2023. Retrieved February 14, 2023.
  16. ^ Maddaus, Gene (April 6, 2022). "Disney vs. Ron DeSantis: Why the Media Giant's Fight Over 'Don't Say Gay' Keeps Escalating". Variety. Archived from the original on May 1, 2022. Retrieved April 14, 2022.
  17. ^ Querolo, Nic; Marques, Felipe (February 27, 2023). "DeSantis Signs Law Taking Control of Disney Special District". Bloomberg News. Archived from the original on March 12, 2023. Retrieved March 2, 2023.
  18. ^ "National Tracking Poll #2203090" (PDF). Morning Consult. March 11–14, 2022. Archived (PDF) from the original on January 5, 2023. Retrieved January 24, 2023.
    "Spectrum News/Siena College Poll Conducted by the Siena College Research Institute" (PDF). Siena College Research Institute. September 18–25, 2022. Archived (PDF) from the original on December 5, 2022. Retrieved January 24, 2023.
  19. ^ a b Luneau, Delphine (March 28, 2022). "BREAKING: Human Rights Campaign, Equality Florida Vow to Fight for Full Repeal of Vile, Dangerous New Law Signed by Florida Governor DeSantis". Human Rights Campaign. Archived from the original on December 17, 2022. Retrieved December 17, 2022.
  20. ^ Thoreson, Ryan (February 17, 2022). "Florida Advances 'Don't Say Gay' Bill". Human Rights Watch. Archived from the original on January 2, 2023.
  21. ^ Hatzipanagos, Rachel (May 9, 2022). "After Florida passes bill, LGBTQ parents ask: Which parents' rights?". The Washington Post.
    Goldberg, Abbie E. (January 2023). "Impact of HB 1557 (Florida's Don't Say Gay Bill) on LGBTQ+ Parents in Florida". University of California, Los Angeles School of Law Williams Institute. Archived from the original on March 14, 2023. Retrieved March 14, 2023.
    Luterman, Sara (March 28, 2022). "LGBTQ+ parents fear the impacts of Florida's 'Don't Say Gay' bill". The 19th News. Archived from the original on March 14, 2023. Retrieved March 14, 2023.
    "Florida Parents and Students Challenge "Don't Say Gay" Law as Harmful and Unconstitutional". Family Equality Council. March 31, 2022. Archived from the original on February 14, 2023. Retrieved February 14, 2023.


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