States

Florida’s ‘Don’t Say Gay’ Law Continues to Spur More Extreme Versions Nationwide

By Eesha Pendharkar — February 28, 2023 4 min read
Florida Gov. Ron DeSantis displays the signed Parental Rights in Education, aka the Don't Say Gay bill, flanked by elementary school students during a news conference on Monday, March 28, 2022, at Classical Preparatory school in Shady Hills, Fla.
  • Save to favorites
  • Print

Lawmakers across the country continue to try to restrict lessons about gender identity and sexual orientation this year, in newer, more severe ways.

That’s according to an analysis by PEN America, a nonprofit organization tracking censorship in education.

Many states have followed in Florida’s footsteps in aiming to limit classroom education about gender identity or sexual orientation by filing bills that mimic the language in the Sunshine State’s “Don’t Say Gay” law, which was passed in 2022. Most of the newer bills propose expanding on the limitations that Florida put in place.

This is the third year in a row in which Republican lawmakers have increased their legislative efforts to restrict LGBTQ students’ rights and curtail lessons, books, and other materials about LGBTQ people.

“There certainly seems to be renewed energy around passing censorship legislation around LGBTQ identity, which is law really only in one state,” said Jeremy Young, the senior manager of free expression and education at PEN America.

“But that’s likely to increase dramatically this year.”

Since 2021, lawmakers in 22 states have introduced 42 bills with language and restrictions similar to those in the “Don’t Say Gay” measure, formally known as the Parental Rights in Education law. Since the start of this legislative session, 26 of those bills have been introduced in 14 states that use the same language as Florida’s law, with many imposing more severe restrictions compared with the original bill, which Gov. Ron DeSantis, a Republican, signed in 2022.

Restrictions are getting more extreme in recently introduced bills

Florida’s law prohibits public schools from offering any “classroom instruction related to sexual orientation or gender identity” to students in kindergarten through 3rd grade. Children in grades 4 and older can receive education about those topics if it is “age appropriate or developmentally appropriate for students in accordance with state standards.”

Ten bills introduced in other states propose to extend the ban on lessons about sexual orientation and gender identity to 5th or 6th grades. Seven bills propose upping the restriction to 8th grade, and another seven would ban this type of instruction completely from K-12, according to a database PEN America updates weekly.

The types of instruction these bills would outlaw if passed are also much broader compared with Florida’s law.

For example, Indiana’s HB 1608 would ban any lessons in elementary school about sexual orientation or gender identity, in addition to “gender fluidity,” “gender roles,” “gender stereotypes,” or “gender expression.” Meanwhile, South Carolina’s HB 3827 would prohibit “instruction, presentations, displays, performances, discussions, assignments,” related to “gender theory,” “gender identity,” “gender multiplicity,” or “gender expression.” And, according to New Hampshire’s HB 619, teachers in grades K-8 would be banned from teaching that “gender is a choice, optional or fluid and that there are more than 2 genders: male and female.”

Some of these bills could potentially force a school employee to reveal their student’s gender identity or sexual orientation to their parent or guardian, such as Missouri’s SB134. It says that nurses, counselors, teachers, and administrators can’t “discuss gender identity or sexual orientation with a minor student” unless that person is a licensed mental health care provider, and has permission from the student’s parent or legal guardian.

How Florida’s bill has impacted districts across the state

Florida became the first state to successfully limit lessons about gender and sexuality when it passed the controversial law last March.

Although the law, like some of the copycat bills, does not explicitly impose restrictions on LGBTQ students, topics, and discussion of identities, it has caused a chilling effect on teachers discussing LGBTQ identities or access to books about the same topics.

Of these 26 bills, none have been signed into law so far, although it is early in the legislative session. Most of these bills have been recently introduced, with some advancing through statehouses currently.

The law has been cited as a reason to challenge books about same-sex families in Florida schools. Teachers in one district have been warned to avoid wearing rainbow articles of clothing and to remove pictures of their same sex spouses from their desks and LGBTQ safe space stickers from classroom doors, according to NBC News. In another district, educators have been asked to review instructional material to flag any books with references to sexual orientation, gender identity, or race.

These bills are a subset of attacks on education about and inclusion of LGBTQ identities

These 42 bills are among hundreds of others proposed across the country that aim to restrict LGBTQ identities and lessons about them at school.

Lawmakers have introduced bills that limit transgender and nonbinary students from participating on the sports teams of their choice, prevent them from using restrooms of their choice and being referred to by their preferred pronouns, and block access to books about LGBTQ characters from school and classroom libraries.

Sometimes, these restrictions are imposed as statewide policies by conservative governors, such as Virginia’s Republican Gov. Glenn Youngkin’s model policy that all districts are required to align to. It imposes all the restrictions noted above and even requires school employees to refer to students only by their legal name and sex assigned at birth unless a parent files a written petition to allow their child to change their pronouns. Even in that case, the legal name and sex “shall not be changed” on school records, the model policy says.

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Artificial Intelligence Webinar
Managing AI in Schools: Practical Strategies for Districts
How should districts govern AI in schools? Learn practical strategies for policies, safety, transparency, as well as responsible adoption.
Content provided by Lightspeed Systems
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Reading & Literacy Webinar
Unlocking Success for Struggling Adolescent Readers
The Science of Reading transformed K-3 literacy. Now it's time to extend that focus to students in grades 6 through 12.
Content provided by STARI
Jobs Virtual Career Fair for Teachers and K-12 Staff
Find teaching jobs and K-12 education jubs at the EdWeek Top School Jobs virtual career fair.

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

States Undocumented Students Still Have a Right to Education. Will That Change in 2026?
State-level challenges to a landmark 1982 Supreme Court ruling are on the rise.
5 min read
Demonstrators hold up signs protesting an immigration bill as it is discussed in the Senate chamber at the state Capitol Thursday in Nashville, Tenn. The bill would allow public school systems in Tennessee to require K-12 students without legal status in the country to pay tuition or face denial of enrollment, which is a challenge to the federal law requiring all children be provided a free public education regardless of legal immigration status.
Demonstrators hold up signs protesting an immigration bill as it was discussed in the Senate chamber at the state Capitol in Nashville, Tenn., on April 10, 2025. The bill, which legislators paused, would have allowed schools in the state to require undocumented students to pay tuition. It was one of six efforts taken by states in 2025 to limit undocumented students' access to free, public education.
John Amis/AP
States A Study Shows Just How Much School Absences Soar in a Measles Outbreak
The research offers a glimpse at the toll on student learning from the spread of measles.
4 min read
A vial of the measles, mumps and rubella vaccine is on display at the Lubbock Health Department, Feb. 26, 2025, in Lubbock, Texas.
A vial of the measles, mumps and rubella vaccine is on display at the Lubbock Health Department on Feb. 26, 2025, in Lubbock, Texas. A new study examined the degree to which school absences surged during a measles outbreak earlier this year in West Texas.
Mary Conlon/AP
States Texas Gov. Abbott Wants 'Disciplinary Action' for Schools That Resist Turning Point USA
He endorsed growing the footprint of the late Charlie Kirk's organization in the state's high schools.
Philip Jankowski, The Dallas Morning News
1 min read
Attendees listen to a eulogy during a memorial for Charlie Kirk hosted by the University of Texas at Dallas chapter of Turning Point USA, Wednesday, Sept. 17, 2025, in Richardson, Texas.
Attendees listen to a eulogy during a memorial for Charlie Kirk hosted by the University of Texas at Dallas chapter of Turning Point USA, Wednesday, Sept. 17, 2025, in Richardson, Texas.
Elías Valverde II/The Dallas Morning News via TNS
States States Consider District Consolidations as Student Enrollment Drops
Rural educators say the decision to combine school districts is a matter of local control.
8 min read
First-grade student Brennen Marquardt, 6, looks out the bus window at Friess Lake Middle School on Sept. 4, 2018, the first year of operations for the newly consolidated Holy Hill district in Richfield, Wis. The district was the most recent to consolidate in Wisconsin, which is among the states where lawmakers are exploring ways to force or incentivize district mergers.
First-grade student Brennen Marquardt, 6, looks out the bus window at Friess Lake Middle School on Sept. 4, 2018, the first year of operations for the newly consolidated Holy Hill district in Richfield, Wis. The district was the most recent to consolidate in Wisconsin, which is among the states where lawmakers are exploring ways to force or incentivize district mergers.
John Ehlke/West Bend Daily News via AP