Florida’s controversial "Parental Rights in Education" bill has caused an uproar within the state and throughout the nation. Parents with school-age children, particularly children who identify as gay or transgender, have been vocal about the harm they believe the bill could cause, with a major concern being the potential bullying, discrimination, and mental health suffering of children in the LGBTQ community. But are these concerns warranted, and what exactly is in the bill that has now been nationally dubbed the “Don't Say Gay” bill?

Parental Rights in Education Bill

House bill 1557 titled “Parental Right in Education” overwhelmingly focuses on the rights parents have in regards to their children's mental and physical health and wellbeing while at school. Despite its minted nickname, the bill does not use the term “gay” anywhere in its text. However, the bill does mention the terms “sexual orientation” and “gender identity.”

Semantics aside, some critics have called the bill an effort to stifle protections for students who identify as LGBTQ as well as the community as a whole. The main crux of the opposition’s arguments centers around the component that teachers would not be allowed to teach students in kindergarten through third grade about sexual orientation and/or gender identity, a standard that in reality may or may not actually be in place for children in those grades. The bill explains that “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.” While this is the main point of the bill that has been contested nationwide, the bill largely stands to increase parental authority as it relates to the state’s school systems.

Included in the bill are initiatives that amplify parental rights in the following ways:

• Instruction on gender and sexuality will be reserved for parents, not the school system.
• If a student receives mental, emotional, or physical health services, parents will be notified before that service is administered, unless in instances where school staff believes there is a risk of “abuse, abandonment, or neglect.”
• Parents will have the authority to opt their child out of health and counseling services.
• The school's counseling standards will be re-written by the state.
• Parents would have the legal authority to file suits against schools for violation of the bill.

Critics Push Back

While the bill itself is seemingly devoid of any divisive or discriminatory language due to its vague nature, interpretation from the public has created a very divisive atmosphere in both the state and the nation.

The bill has left many parents, politicians, mainstream companies, and even president Biden discussing their thoughts on whether or not school districts have the authority to address the sexual health concerns of students who may be transitioning or wary of coming out.

The Trevor Project, a suicide prevention nonprofit group, has been a stout critic of HB 1557. The bill was condemned by the Trevor Project with the organization stating that the bill would erase “LGBTQ identity, history, and culture — as well as LGBTQ students themselves."

The group also took aim at the bill’s initiative to notify parents first in the event any support services are offered to the children. The TP along with other organizations have argued that because parents would be given the authority to deny those services to their children, these students could be subjected to mental harm for a lack of a safe space to ask questions about sensitive sexual and developmental health concerns.

A statement shared by CEO and executive of the Trevor Project, Amit Paley, reads, "While I am saddened to see this harmful bill signed into law, I am inspired by the outpouring of support for LGBTQ students we have seen from parents, teachers, celebrities, and their peers. Social support is vital for suicide prevention, and I want to remind LGBTQ youth in Florida and across the country that you are not alone."

What Does HB 1557 Mean for Other States?

On a national level, the bill has sparked questions as to whether or not similar legislation will be enacted in other states. In Virginia, newly elected governor Glen Younkin has been a staunch proponent of similar legislation in the Commonwealth. Both conservative and liberal populations in Virginia made national headlines over the summer when parental involvement in the public school system was contested through chaotic school board meetings and endless lawsuits.

While the latest battle across the nation is playing out at the gates of the schoolhouse, many have pointed out that a positive outcome has been the awareness of parental input over education in the U.S.

Despite this slim silver lining, it hasn’t stopped the opposition from taking legal action. Three days after the bill was signed into law, LGBTQ advocacy groups, parents, and even educators moved forward with legal action to reverse the bill.