By Audrey Sawyer
TALLAHASSEE, FL – Human Rights Watch, in a report, charged Florida has been issuing policies and laws since 2021 that target and censor the curriculum and educational environment of the K-12 classrooms, and the censorship is inconsistent with international human rights standards regarding access to information pertaining to international human rights standards on education and discrimination.
As a result of Florida’s policies, it has led to the removal of information, instruction, and books from classrooms under procedures that have been exploited by “antagonistic” political groups, said Human Rights Watch, noting there is an environment created of censorship and discrimination in classrooms that harms education for all Florida students, while being particularly harsh to Black Floridians and LGBTQ Floridians.
While those in support of Florida’s new laws say that they are looking to reform divisive and inappropriate school curricula, Human Rights Watch argues they are imposing a curriculum which shows harmful gaps and inaccurate information that actually reinforces discrimination.
HRW adds the policies and changes are driven by politicians (often led by Gov. Ron DeSantis) instead of education experts or professionals most suited to determine what makes a child’s development healthy.
According to the report provided by Human Rights Watch, students, parents, and teachers stated the changes both to the legal side and to the curriculum changes have created an educational environment more conducive to harassment and discrimination in the classroom on the basis of race, sexual orientation, and gender identity.
The report describes three crucial laws in Florida that contribute significantly to its discriminatory legal framework in K-12 schools.
The first is referred to as the Stop WOKE Act (House Bill 7), which prohibits instruction “embracing the concept that individuals share responsibility for others’ past actions due to their race, sex, or national origin. Florida state leaders claim the law is necessary, as curriculum and classroom instruction about the history of racism and social inequality may represent discrimination against white students and make them uncomfortable.
Human Rights Watch says its findings actually show the law has resulted in censorship of information regarding Black history and halted meaningful and informed classroom discussions regarding racism.
Some arguments regarding the law from critics explain the law was created with the purpose of discriminating against Black educators and students. In June 2021, Florida State Board of Education had voted to ban critical race theory instruction and the use of the 1619 Project (the examination of the role of slavery in contemporary institutions).
Renee O, a Black history teacher in Miami, got an email advising her not to teach students the 1619 Project, said HRW. The school Renee teaches at is primarily Black, and she believed her students need this information. She then put the issue of the magazine on the desk and told students that it was banned by the state, which brought curiosity and outrage from her students, questioning why they are “hated so much.”
Lucilla, a 17-year-old Black student from Miami, said, “There is inaccurate information about discrimination or omission of Black contributions, this would contribute to negative perceptions about Black people.” She added that when white people do not grow up around Black people or experience what Black people go through, they are less likely to find understanding.
A white parent in Palm Bay told researchers she wants her daughters to learn of history in the U.S.: “It’s okay to admit there is bias because you cannot tackle bias without knowing it exists.”
The second problematic law, said HRW, is “Don’t Say Gay or Trans” (House Bill 1557), which restricts any teaching between kindergarten and third grade about sexual orientation or gender identity, as well as teaching about these topics in any other grade unless it were deemed “age appropriate” (age appropriate is not a defined term).
Under this law, LGBTQ students are deprived of information needed to live safe and healthy lives, and deters discussions of LGBTQ identities in public schools, while allowing discussion of and education about heterosexuality and non-LGBTQ identities.
The third law, said HRW, extends the provisions of the previously cited “Don’t Say Gay or Trans” law and is referred to as House Bill 1069, which bans instruction of sexual orientation and gender identity from pre-kindergarten to eighth grade as well as teaching about these topics in high school unless it is deemed “age appropriate.”
Teachers are also unable to ask a student’s pronoun or name, or provide their own pronouns or names if they do not correspond to the teacher’s sex assigned at birth.
House Bill 1069, said HRW, significantly limits both counselors and teachers to be confidential resources for students, including LGBTQ students who may not feel comfortable discussing orientation or gender identity with their family, or students for whom this could be dangerous.
HB 1069 impacted book challenge procedures, with hundreds of books by LGBTQ and Black authors being removed from Florida’s library shelves, according to Human Rights Watch, citing the removal as the ABCs of Black History, which is a children’s book about important places, moments, and figures in Black history.
Another example is And Tango Makes Three which is a children’s book about two male penguins adopting an orphan penguin, along with many other books seeing challenges or even removal.
These laws have brought many ongoing lawsuits challenging them on grounds of being vague and overly ground, along with violating constitutional free speech and equal protection guarantees in the US Constitution, the HRW report notes.
One judge issued a temporary injunction of the Stop WOKE Act at the higher education level, saying it gave Florida “unfettered authority to muzzle its professors in the name of freedom.” Another legal challenge to the Don’t Say Gay or Trans law came to a settlement on some of the language, but the law is still in play and the discriminatory impact of the law remains for multiple age groups.
In 2022, Florida implemented its “Excellence in Civics Initiative.” which targets, according to Human Rights Watch, a “patriotic” civics curriculum, which displays historical inaccuracies on the US founding fathers and history of slavery within the United States.
The report said arguments from education experts and scholars mentions that the course content is whitewashing, or misrepresenting, the actual experience of Black Americans, and, as of 2023, the Florida Department of Education forbade state schools from offering the (AP) African American Studies Course, which was a university-level course for high school students with strong academic abilities, which shows the contributions of Black Americans to US history, art, and culture.
The laws not only promote a culture of fear, alleges the HRW report, but may impede the ability of students to fully understand complex issues, freely express ideas, and make informed decisions. In this sort of climate, Florida students, teachers, and parents told Human Rights Watch that self-censorship has become common.
The report describes laws and policies that have not only resulted in students (particularly Black and LGBTQ students) feeling unseen and unheard, but also contributes to a rise of death threats regarding gender, race, and orientation to staff, parents, or black and LGBTQ students.
Florida teachers have started to stop or significantly cut back on teaching about LGBTQ subjects and racism in US history, the report claims, adding new state history standards have required teachers to describe US slavery as having “positive aspects,” such as the skills developed by slaves could be applied for personal benefit.
Florida’s laws and policies have begun implementing similar laws in other states, claims the HRW report, noting seven other states have versions of the “Don’t Say Gay or Trans” laws, with four others districting discussions of same-sex activity in sexuality education curricula.
Aside from the classroom, the report argues that a healthy (democratic) system of government is open to diversity and inclusion of other perspectives, which contributes to public discourse and fosters tolerance and empathy.
While local and state governments have their role to play, so does the federal government.
Human Rights Watch asserts the response to Florida’s recent policies has been insufficient. While more educators and students in Florida protest, little change has been seen.
However, April 2024 did see the US Department of Education release updated Title IX regulations protecting students from discrimination based on gender identity. Florida, Alabama, Georgia, and South Carolina did file lawsuits to block implementation of the new rules, saying the Biden administration has overstepped authority.
The report then details suggestions to various groups on actions that ought to be taken, including to continue to publicly condemn laws that limit/obstruct factually accurate teaching about US history—such as the history of slavery, legacies, and the civil rights movement in the United States.
Another action HRW suggests to the Biden Administration is signing acts such as the Books Saves Lives Act, Equality Act, Student Non-Discrimination Act, Safe Schools Improvement Act, or other similar legislation if passed through Congress.
To Congress, the first suggestion by Human Rights Watch would be to increase funding for the U.S. Department of Education’s Office for Civil Rights (OCR), and make sure the office can make complaint mechanisms widely available and accessible to all people in the United States, along with resolving issues in a timely manner.
Other suggestions to Congress include, said the report, include implementing the above following acts, or to hold public hearings on discriminatory educational censorship laws to hear testimony from parents, students, and educational professionals directly impacted by discriminatory censorship.
For the Department of Justice, HRW’s report suggests the filing of statements of interest and amicus briefs and joining as a party in litigation to challenge laws impacting student’s rights to accurate history or comprehensive sexuality education (CSE).
Another is to initiate compliance reviews, alongside the Department of Education, in jurisdictions where large numbers of civil rights complaints originate and/or where high levels of educational censorship efforts are reported.
The CDC is advised in the HRW report to possibly investigate the mental health and public health implications of discriminatory educational censorship laws.
The first suggestion by HRW to the Florida State Legislature is to repeal the Stop WOKE Act, Don’t Say Gay or Trans Law, and HB1069. To extend that suggestion, they suggest to do the same with any other laws restricting or prohibiting discussion of LGBTQ rights.
Human Rights Watch explains 2020 saw a rise of global protests after the killings of George Floyd, Breonna Taylor, and Ahmaud Arbery, and a growing movement in studying and educating people on how centuries of racism have currently shaped our social practices and current institutions and what can be done to fix these issues.
Then, added HRW in its report, Donald Trump signed an executive order against “divisive” concepts, banning federal agencies and contractors from holding trainings regarding racism and diversity. Two months later, the 1776 Commission was established by the former president, meant to promote a “patriotic view” of the United States, which would not discuss the legacies and harm of slavery.
The report continues to state critical race theory (the study of racial discrimination’s entrenchment in law and social structures) became the focus of many politicians aiming to restrict discussions of race in the U.S.
The report said The Movement Advancement Project notes at least seven states have passed versions of a “Don’t Say Gay or Trans” law, with four other states restricting discussions of same-sex activity.
To challenge the increasing book bans, Pen America, Penguin Random House, and a group of families filed a challenge against Florida’s Escambia County School District and its school board for removing books about race and LGBTQ identities from libraries.
A federal judge allowed the case to proceed, based on the county’s policies being likely to violate the free speech protections. In June 2023, Biden appointed a “book ban coordinator” at the Department of Education to monitor trends.
Moms for Liberty, a nationally funded organization whose members have brought many book challenges and advocated against “indoctrination” of children, is one prominent group supporting Florida’s efforts to reshape public education, said Human Rights Watch.
Again, the report details that Florida has moved to ban entire fields that address social inequalities. In 2023, the Florida Department of Education met and removed sociology as a core course from public colleges and universities, claiming the discipline is teaching critical race theory. The same meeting had leaders vote to cut funding for diversity, equity, inclusion (DEI) programs.
