Gov. Ron DeSantis's (R-FL) administration is seeking to expand upon the Parental Rights in Education Act to restrict classroom instruction of sexual orientation and gender identity in grades four to 12.
Previously the law, which was criticized as "anti-gay" by detractors, applied those rules from kindergarten to third grade. His administration is seeking to wrangle through a proposed rule expansion through the state Board of Education, meaning it will not require approval from the legislature to go into effect.
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Last year, DeSantis kicked up a firestorm by backing the Parental Rights in Education Act, which critics argued trampled upon LGBT rights. The law outlined a litany of rights parents had in the classroom education of their children and stipulated that they have the right to sue for infractions.
Under the new rule change, instructors could be subject to a "revocation or suspension of the individual educator's certificate" or other penalties for infractions. The proposal notes there are exceptions for instances in which such instruction is "expressly required by state academic standards" or "is part of a reproductive health course" that gives a student's parent the right to have them opt out.
The Parental Rights in Education Act specifically bans instruction of sexual orientation and gender identity "in a manner that is not age appropriate or developmentally appropriate for students." Critics contended that language was overly broad and, thus, subject to interpretation.
A vote on the proposal by the state board is set to take place next month. Florida's Education Department presented the measure. Both the department and the board are headed by DeSantis appointees.
Meanwhile, Florida lawmakers are considering legislation to expand the restriction of sexual orientation and gender identity education up to the eighth grade.
A poll commissioned by the Washington Examiner found that 67% of respondents opposed instruction on sexual orientation or gender identity in kindergarten to third grade. The poll, conducted by YouGov, was taken from Aug. 12-15 of last year with a sample size of 1,000 people and a margin of error of 3.3%.
DeSantis has leaned heavily into the culture wars, which in turn has helped catapult him to GOP stardom. He is currently polling as the second top contender in a hypothetical GOP primary, per the latest RealClearPolitics polling aggregate.
One of his potential rivals, former U.N. Ambassador and two-term South Carolina Gov. Nikki Haley, previously needled him for not going far enough with the Parental Rights in Education Act.
“Basically what it said was you shouldn’t be able to talk about gender before third grade,” Haley said at a New Hampshire event last month. “I’m sorry. I don’t think that goes far enough.”
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The Washington Examiner contacted a DeSantis spokesperson for comment.
DeSantis is speculated to be eyeing a campaign launch date at some point after the Florida legislature wraps up its business in May. He has teased that it will be the "most productive legislative session."