law
Do the so-called “Don’t Say Gay laws also apply to FL’s private charter schools?
Florida Gov. Ron DeSantis made national headlines Monday after the governor signed the controversial bill prohibiting certain classes about sexual orientation or gender identity within public education.
But the bill-signing ceremony held at the non-traditional charter high school situated in Pasco County sparked questions about whether charters, which are considered public schools, are required to adhere to the new legislation when it becomes effective on July 1.
The press secretary of the governor, Christina Pushaw, told the Phoenix via email on Tuesday in which she said the law “would apply to all public schools including public charters.”
However, the bill sponsors Senator. Dennis Baxley told the Phoenix that “I don’t believe they (charter schools) would be” included in the legislation.
Baxley, the representative for Central Florida counties, understands that charter schools are not public.
The charter schools scattered across Florida and in other states have been operating for over 25 years, sparking controversy, criticism, and even opposition and establishing an environment and offering options for families that may need something different from their local schools.
Charter schools are funded by the state and administer state examinations in Florida and other requirements. However, generally speaking, they are privately owned and offer more flexibility and freedom in specific areas of academics and school administration.
HB 1557, which is officially titled “Parental Rights in Education” but also referred to by the “Don’t Say Gay” bill, is formally titled “Don’t Say Gay” bill that is now a law. However, “charter school” and “charter school” do not appear in the account. It’s not yet sure if charter schools in Florida must follow the law when it comes to classrooms.
The Phoenix sought out the Florida Department of Education to clarify whether charter schools would be included under the new law. However, they did not receive any response.
Jon Harris Maurer is the public policy director of Equality Florida, a statewide LGBTQ advocacy group vehemently opposed to the new law. He wrote to The Phoenix in a statement that:
“Florida law regarding charter schools generally exempts charter schools from regulations of the Florida Education Code. Some bills say they must regulate charter schools, in addition to the other schools that are public, the bill doesn’t make it clear.”
“The lack of clarity on this is representative of the bill’s overall vagueness and ambiguity,” Maurer declared.
Baxley, the Senate bill’s sponsor, informed The Phoenix newspaper that this law would be used only for traditional public schools and not for charters that are not traditional.
“It was definitely my intention to speak specifically about the schools we manage in a more specific way. I view the charter schools are under supervision — they are not the schools which we manage,” Baxley told the Phoenix.
However, as Pushaw stated, he pointed out that the lawyer he isn’t and that different interpretations might indicate that charter schools are included.
“I might not be right. There could be a variety of different legal views,” he said.
“This is a new law. It’s where it begins and how it moves through the procedure, what it will look like at the end of the day, how different people’s perception of its use is — it really plays out over time and will be revealed certainly in court decisions when they’re made,” Baxley said.
Baxley said that a part of the meaning of the law, which is in effect, could be clarified through anticipated court cases.
“I believe that since this legislation is approved, it will take a time of work to determine how this is going to be implemented. Therefore, you could get various legal interpretations on how to go about it. This isn’t unusual. It happens frequently in-laws,” Baxley said.
He said: “A lot of these things will filter out as they work down through the professional educators and with the attorneys who are challenging the wording of this statute.”
Equality Florida previously stated plans to sue if the law’s effects injure a student.
The law permits parents to file a suit if their school district fails to provide information about their child’s health or wellbeing or if the child is subjected to instruction in the classroom on gender identity or sexual orientation that is deemed to be to be “age-appropriate.” The bill is aimed at children from kindergarten to third grade, but it could include counseling and instruction through high school.
Opponents call it “Don’t Say Gay” because of the fear of a negative impact in classrooms of public schools regarding LGBTQ children, their teachers, or even topics.
For charter schools, 341,926 students were in one of the state’s charter schools from 2020-21. According to information from the Florida Department of Education, this is a fraction of the 2.8 million students in public schools totals in September 2021.
The schools are established through an agreement or “charter,” usually signed between the schools and the district school board.
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