Elementary school student Kellan’s family looks a little different from the average family living in Sarasota, Florida and he’s used to fielding invasive questions from his classmates. Kellan has two dads, a concept that can be puzzling for the curious children at Kellan’s elementary school. In fact, Kellan had to address so many questions about whether or not he had a mother, that instead of explaining he has two dads and no mom he simply lied to his classmates and told them that his mother had died.
Letschert and Price believed that it should not be their son’s responsibility to explain one of many ways in which a family can be diverse to his classmates. Letschert and Price met with Kellan’s teacher, shared their concerns, and recommended a children’s book about diverse families. After reading the book to Kellan’s class, the questions died down because his classmates understood that not all families look alike.
Photo by Katie Rainbow on Unsplash
In July 2022, Florida’s Parental Rights in Education law goes into effect. This law, commonly referred to as a “Don’t Say Gay” law, is one of many anti-LGBTQ+ laws introduced in 2022. Among other things, Florida’s Parental Rights in Education law restricts “[c]lassroom instruction by school personnel or third parties on sexual orientation or gender identity” in kindergarten through third grade classes or “in a manner that is not age-appropriate or developmentally appropriate for students in accordance with state standards.” Further, if a parent discovers that their child’s teacher has violated this statute, the parent has the right under the Florida law to sue their school district for damages and attorney fees. Tying violations to these harsh financial consequences further incentivizes school districts to discipline teachers who disobey the broad mandates of the law.
Florida’s Parental Rights in Education law is just one example of countless attempts by state legislators to push a broad political agenda in classrooms across the country. Legislators throughout the country are voting on bills that bar transgender students from participating in sports and limit teachers’ ability to discuss the mere existence of LGBTQ+ people. Indeed as of June 2022, at least nineteen state legislatures have seen bills introduced that specifically seek to intervene in school curriculum and teaching relating to diversity and LGBTQ+ issues.
These bills place a unique, heavy burden on teachers who identify as LGBTQ+. The American Federation of Teachers has called these “Don’t Say Gay” bills an “assault” on students and teachers. Since the passage of the Parental Rights in Education law in Florida, several LGBTQ+ teachers have preemptively resigned. These resignations come amid a much larger teacher shortage hitting school districts throughout the country.
LGBTQ+ teachers’ resignations are not the only threat to teacher retention in Florida caused by the passage of the Parental Rights in Education law. The law requires the state’s board of education to promulgate rules providing disciplinary consequences for educators who violate the exceptionally broad restriction on merely discussing LGBTQ+ content. In light of these restrictions, it’s conceivable, if not probable, that teachers will have to put themselves back into the closet at work. This presents a particularly difficult situation for LGBTQ+-identifying elementary educators who may have to hide certain aspects of their lives (e.g., their spouse’s gender identity), a problem non-LGBTQ+ teachers will not have to face. Teachers like Kellan’s who spend their days educating a class of inquisitive, curious students will be forced to be circumspect in addressing their classrooms.
Photo by Denin Lawley on Upsplash
Bills like Florida’s Parental Rights in Education law and similar laws targeting the teaching of what zealous legislators and broadcasters call “critical race theory” are harmful to the student-teacher relationship. Teachers should be encouraged to create a safe space for their students to learn about the many ways our society is diverse and foster a learning environment that celebrates that diversity.
Many sources have noted the adverse impact laws like Florida’s Parental Rights in Education law will have on LGBTQ+ students, a group of students that is already four times more likely to attempt suicide than their peers. While the rhetoric surrounding these bills alone is damaging to LGBTQ+ people’s mental health, the passage of these bills substantially impacts LGBTQ+ students’ mental health and diminishes what little feeling of safety remains in their schools.
Teachers play a critical role in helping children develop important social skills and bridging the divides that arise in the proverbial sandbox. Elementary educators are needed to encourage cooperation and kindness just as badly as they’re needed to teach reading or math. Beginning this month, Kellan’s elementary school teacher will not be able to read the children’s book about LGBTQ+ families to her class. Among other things, this means children in Kellan’s position will suffer in an already struggling education system required to devote more resources to policing educators than empowering them.
Aaron Dean is a student at Loyola University Chicago School of Law and wrote this blog as a part of the Education Law Practicum.
