The state says Miami-Dade and Broward schools violated the ‘don’t say gay’ law. Here’s how

The Florida State Board of Education met Wednesday to determine whether nine school districts’ policies — specifically how they handle LGBTQ student issues — were out of compliance with new state laws pertaining to parental rights and “anti-woke” policies.

The policies in question, according to letters sent Nov. 18 to districts by Florida Department of Education Senior Chancellor Jacob Oliva, including to Miami-Dade, Broward, and Hillsborough school districts, outlined policies for school personnel to follow regarding not disclosing the sexual orientation or gender identity of students without their consent; referring to students by the gender pronouns and names that are consistent with their gender identity; and rules allowing students to access locker rooms and restrooms that align with their gender identity, among other issues.

The districts’ policies, the state argued, “may not comport” with Florida’s new Parental Rights in Education law, also dubbed “Don’t Say Gay” by critics, which bars classroom instruction and discussions related to sexual orientation and gender identity in grades K through three. The bill, which Gov. DeSantis signed into law in March, also prohibits discussions in higher grades if they are not age or developmentally appropriate.

The letters requested an update on those policies be submitted by last Friday.

Here is what was sent to Miami-Dade, Broward and Hillsborough counties and their responses to the state. (To read about the claims made by the state and the responses from the other six districts, click here.)

Miami-Dade County

The state’s critique focuses on Miami-Dade’s 2020-21 “Guidelines for Promoting Safe and Inclusive Schools, Supporting Transgender and Gender Expansive Students, School Operations and Division of Student Services.”

According to the state, the policies related to student names and pronouns, privacy matters, which restrooms and locker rooms students should be allowed to use and which sports teams students should be allowed to join were potentially at odds with state law.

But according to Miami-Dade school administrators, the manual flagged by the state had already been discontinued before the state sent its letter and therefore was “no longer applicable.”

Miami-Dade Superintendent Jose Dotres, who signed the district’s Dec. 9 letter to the state, also noted principals participated in professional development courses over the summer to update them on recent “legislative changes.”

Broward County

According to the letter sent to Superintendent Vickie Cartwright, the state flagged five items within the district’s “Lesbian, Gay, Bisexual, Transgender, Questioning + Critical Support Guide.” At issue were sections related to ‘coming out,’ Gay-Straight Alliances, names and pronouns, day and overnight field trips and sports.

The district’s guidelines that the state referred to include:

▪ Not outing a student

▪ Addressing a student by a name and pronoun that corresponds to their gender identity

▪ Allowing students to room with peers that match their gender identity if students are to be separated by gender

▪ Ensuring transgender students are permitted to play on a sports team that corresponds to their asserted gender identity

In response to the state’s claims, however, Cartwright, in a Dec. 9 letter, informed the state that the support guide was “discontinued at the conclusion of the 2021-22 school year.”

Cartwright, whose November termination by the Broward School Board was rescinded by a new school board on Tuesday, also noted the district would review and revise its policies by March 31, 2023.

Hillsborough County

For Hillsborough, the issues were related to two manuals.

The first related to a racial equity policy, found within the district’s policy manual, which explains the “institutional racism that results in predictably lower academic achievement for students of color than for their white peers. Understanding and addressing institutional racism will increase achievement, including on-time graduation, for all students.”

The second issue related to the district’s “Creating Safe Schools for All Students — Lesbian, Gay, Bisexual, Transgender, Questioning/Queer (LGBTQ+) Critical Resource & Support Guide for Staff.” According to the state, the specific policy relates to access to restrooms and sex-segregated facilities, affirmed names and gender pronouns, coming out and confidentiality.

The district, in response to its racial equity policy, said it was working with the school board and board attorney to “review the policy and consider possible changes in language” to ensure compliance with state laws.

Regarding its LGBTQ policies, the district said it updated its policies following the implementation of the Parents’ Bill of Rights, but is still working to review procedures.

The state says Miami-Dade and Broward schools violated the ‘don’t say gay’ law. Here’s how