Don’t Say Gay Bill Full Text: Provisions and 2024 Settlement

The “Don’t Say Gay” bill is the nickname critics gave Florida’s Parental Rights in Education Act, signed by Governor Ron DeSantis on March 28, 2022, as CS/CS/HB 1557 and effective July 1, 2022. The law restricts formal classroom instruction on sexual orientation and gender identity in Florida public schools, originally in kindergarten through third grade and later expanded through twelfth. It also gives parents new rights to be notified about their children’s well-being at school and to sue districts that violate the statute.¹

What the Law Prohibits

The core provision bars “classroom instruction by school personnel or third parties on sexual orientation or gender identity” in kindergarten through grade 3, or in any grade “in a manner that is not age-appropriate or developmentally appropriate for students in accordance with state standards.”¹ The original statute did not define “classroom instruction,” “sexual orientation,” “gender identity,” or what counts as “age-appropriate,” and that silence became one of the most contested features of the law.²

The grade-level scope has since grown. In May 2023, DeSantis signed HB 1069, which extended the outright instruction ban through eighth grade, with a narrow exception for certain HIV and abstinence lessons in grades six through eight. It took effect July 1, 2023.³ The State Board of Education then amended Rule 6A-10.081, the Principles of Professional Conduct for educators, to prohibit instruction on sexual orientation or gender identity in grades nine through twelve as well, unless required by state academic standards or part of a reproductive health course from which parents can opt out. That amendment took effect August 22, 2023.⁴ The combined effect: a classroom instruction ban that now reaches every grade in Florida public schools.

Parental Rights Beyond the Instruction Ban

The statute is framed around parental authority, and several of its provisions apply regardless of subject matter. School districts must notify parents of any change in a student’s services or monitoring related to mental, emotional, or physical health, and school personnel are required to encourage students to discuss such issues with their parents or to facilitate that conversation.⁵

Districts may not adopt procedures that encourage students to withhold information from parents or discourage parental notification. The law carves out a narrow exception where “a reasonably prudent person would believe that disclosure would result in abuse, abandonment or neglect.”⁵

At the start of each school year, districts must notify parents of the healthcare services available at their child’s school and allow parents to decline specific services. For students in kindergarten through third grade, parental permission is required before administering any well-being questionnaire or health screening.⁶

How the Law Is Enforced

A parent with a concern about a district’s practices takes it first to the principal, who must resolve it within seven calendar days. If the matter is not resolved, the district has 30 calendar days to address it. After that, a parent can ask the Commissioner of Education to appoint a special magistrate, a Florida Bar member with at least five years of experience in administrative law, to review the matter. The district pays the magistrate’s cost.⁵

Parents can also sue a district directly, seeking a declaratory judgment, injunctive relief, or damages. A prevailing parent is entitled to reasonable attorney fees and court costs from the district.¹ For teachers, violations can trigger disciplinary action, non-renewal of contracts, or suspension or revocation of their teaching certificates under the Principles of Professional Conduct.⁷

That combination of vague terms and private lawsuits produced what educators and advocates described as a chilling effect. Teachers reported removing pride flags and safe-space stickers, avoiding mention of LGBTQ families or history, and declining to acknowledge same-sex relationships at all. Orlando Gonzales of the advocacy group SAVE Dade said the ambiguity caused teachers to “self-censor and avoid topics they had discussed in the past because they are unsure of what is permitted.”⁸

What the 2024 Settlement Clarified

Three days after DeSantis signed the law, Equality Florida, Family Equality, and a group of parents, students, and teachers sued in federal court in Equality Florida v. DeSantis. The case ran into standing problems early on but eventually survived and reached the Eleventh Circuit, where the parties settled on March 11, 2024.⁹

The settlement left the statute in place but required the Florida Department of Education to send guidance to all 67 school districts clarifying what the law does and does not reach. The clarifications matter because they are what classroom practice now follows:¹⁰

Students and teachers may discuss sexual orientation and gender identity in the classroom as long as the discussion is not part of formal instruction. Students may write essays and projects on LGBTQ topics, and teachers may grade that work.
Teachers may reference LGBTQ people in literature and history and may answer student questions about same-sex parents or LGBTQ identities.
Teachers may identify their own same-sex spouses or partners. Students may wear clothing associated with LGBTQ identity and may attend school dances with a partner of the same gender.
Teachers may display safe-space stickers. Schools may host Gay-Straight Alliances and other LGBTQ-inclusive clubs, and anti-bullying programs that explicitly protect LGBTQ students are permitted.
The law does not reach library books unless a book is specifically used as part of classroom instruction.

What remains prohibited is formal classroom instruction on sexual orientation or gender identity: organized lessons, textbook units, or teaching materials designed to cover those subjects. The settlement also specified that the law must be applied neutrally, meaning instruction that heterosexuality or cisgender identity is superior would itself violate the statute.¹⁰ Lead attorney Roberta Kaplan said the agreement lifted the “cloud of uncertainty” that had driven widespread over-compliance.¹¹ DeSantis characterized the outcome as a win, emphasizing that the statute itself remained intact.¹²

No court has ruled the law unconstitutional. The settlement produced no judicial precedent, and the appeal and cross-appeal were voluntarily dismissed on March 23, 2024.⁹

Impact on Florida Families and Students

Research organizations have measured how LGBTQ Floridians have responded to the law. A January 2023 Williams Institute study at UCLA surveyed 113 LGBTQ parents in the state and found 88% were “very or somewhat worried” about the law’s effects on their families. More than half, 56%, had considered moving out of Florida, and 16.5% had already taken steps to relocate. About 21% reported becoming “less out” in their communities or workplaces, and roughly one in four reported anti-LGBTQ harassment after the law took effect.¹³

The Trevor Project’s 2024 survey of nearly 1,000 LGBTQ young people in Florida found that 92% said recent politics had negatively affected their well-being. Sixty-nine percent said they or their families had considered relocating to another state over LGBTQ-related laws and politics, rising to 78% among transgender and nonbinary youth. About 56% of Florida LGBTQ youth said they wanted mental health care but could not access it.¹⁴

Similar Laws in Other States

Florida’s law became a model elsewhere. PEN America and Education Week tracked 42 copycat bills across 22 states by early 2023.¹⁵ By 2026, twelve states had enacted what the Movement Advancement Project classifies as “Don’t Say LGBTQ” laws: Alabama, Arkansas, Florida, Idaho, Indiana, Iowa, Kentucky, Louisiana, North Carolina, Ohio, Texas, and West Virginia.¹⁶ A federal judge temporarily blocked Iowa’s version in December 2023.

Where the Law Stands Now

As of 2026, the Parental Rights in Education Act remains in effect. It sits inside the broader Parents’ Bill of Rights, codified in Chapter 1014 of the Florida Statutes and amended by subsequent legislation in 2023.¹⁷ The instruction ban now covers pre-kindergarten through twelfth grade through the combined operation of HB 1557, HB 1069, and the State Board of Education’s amendment to Rule 6A-10.081. The 2024 settlement did not repeal or invalidate any provision; it narrowed how districts apply the law. Incidental discussion, student expression, library access, and extracurricular activities involving LGBTQ topics remain permissible under the settlement’s terms, while the line between prohibited formal “instruction” and permitted “discussion” continues to depend on the guidance each district follows.

1
Florida Senate. CS/CS/HB 1557 – Parental Rights in Education
2
Georgetown Law Gender Journal. HB 1557: An Unlawful Restriction on the Freedoms of Florida’s Educators and Youth
3
Florida Senate. CS/CS/HB 1069
4
Florida Department of Education. Technical Assistance Memorandum DPS-2023-172
5
Florida Department of Education. Technical Assistance Memorandum DPS-2022-68
6
Florida Governor’s Office. Governor Ron DeSantis Signs Historic Bill to Protect Parental Rights in Education
7
National Education Association. Know Your Rights
8
NBC Miami. Expanded Don’t Say Gay Law Creates More Confusion for Teachers, Critics
9
Civil Rights Litigation Clearinghouse. Equality Florida v. DeSantis
10
Equality Florida. Historic Settlement Achieved in Challenge to Florida’s Don’t Say Gay or Trans Law
11
Chalkbeat. Florida Don’t Say Gay Settlement Clarifies Law, Protects Students and Teachers
12
PBS NewsHour. What Florida’s Don’t Say Gay Settlement Changes and What Restrictions Remain
13
Williams Institute. Impact of HB 1557 on LGBTQ+ Parents in Florida
14
The Trevor Project. The Trevor Project Publishes New 50-State Report on LGBTQ+ Youth Mental Health
15
Education Week. Which States Are Considering Don’t Say Gay Bills and Where They Stand
16
Movement Advancement Project. LGBTQ Curricular Laws
17
Florida Legislature. Chapter 1014 – Parents’ Bill of Rights