Archives for category: Censorship

Jan Resseger explains how young people are injured when adults censor what they read and teach them inaccurate history.

She writes:

Public schools, which serve more than 50 million of our nation’s children and adolescents are perhaps our society’s most important public institution. Unlike private schools, public schools guarantee acceptance for all children everywhere in the United States, and they protect the rights of all children by law. And unlike their private school counterparts, public schools are also required to provide services to meet each child’s educational needs, even children who are disabled or who are learning the English language.

Today’s culture war attacks on public education drive fear of “the other” and attempt to frighten parents about exposing their children to others who may come from other countries, from other cultures, from a different race or ethnicity, from a different religion, or from a gay or lesbian family.

The idea of insulating children is, however, counter to the whole philosophical tradition that is the foundation for our system of public schooling.

More than a century ago, education philosopher John Dewey declared: “What the best and wisest parent wants for his own child, that must the community want for all of its children… Only by being true to the full growth of all the individuals who make it up, can society by any chance be true to itself,” (The School and Society, p. 5)

For Dewey, however, educating all children together without insulating them was important as more than an abstract principle. Dewey believed that the experience of school was itself a way of learning to live in a broader community: “I believe that the school is primarily a social institution. Education being a social process, the school is simply that form of community life… I believe that much of present education fails because it neglects… the school as a form of community life… I believe that… the best and deepest moral training is precisely that which one gets through having to enter into proper relations with others in a unity of work and thought.” (My Pedagogic Creed, January 1897)

A hundred years later, in 1998, the political philosopher Benjamin Barber defended the idea of public schools as a microcosm of the community: “America is not a private club defined by one group’s historical hegemony. Consequently, multicultural education is not discretionary; it defines demographic and pedagogical necessity.  If we want youngsters from Los Angeles whose families speak more than 160 languages to be ‘Americans,’ we must first acknowledge their diversity and honor their distinctiveness.”( “Education for Democracy,” in A Passion for Democracy: American Essays, p.231).

And in the same year, another philosopher of education, Walter Feinberg explained that in public school classrooms students should learn to tell their own stories, to listen and respect the stories of others, and through that process prepare for democratic citizenship: “That there is an ‘American story’ means not that there is one official understanding of the American experience but, rather, that those who are telling their versions of the story are doing so in order to contribute to better decision making on the part of the American nation and that they understand that they are part of those decisions. The concept is really ‘Americans’ stories.’” (Common Schools: Uncommon Identities, p. 232) (emphasis in the original)

Today, of course, the culture wars attacks on public education seek to reshape the curriculum, silence controversial discussion, and ban books.

Massachusetts political science professor Maurice Cunningham explains that well-funded advocates for reshaping school curricula—including the Heritage Foundation, the Manhattan Institute, the Council for National Policy and a number of dark money groups—are spending millions of dollars to fan the fears of parents by supporting local advocates in organizations like Moms for Liberty and Parents Defending Education. The goal is to agitate against overly “woke” public school curricula and to frighten parents by telling them that teachers are frightening children by including the nation’s sins as well as our society’s virtues as part of the American history curriculum, and by encouraging children to listen to the voices of people who have traditionally been marginalized.  There is, however, no evidence that our children have been personally or collectively frightened when they learn about slavery as the cause of the Civil War or when they learn about gender identity as part of a high school human sexuality curriculum. Accurate and inclusive curricula and open class discussion where all voices are heard and considered are essential for truly public education.

Robert Samuels’ When Your Own Book Gets Caught Up in the Culture Wars profoundly explains the damage wrought by book banning, Samuels, a Washington Post reporter and his colleague Toluse Olorunnipa, had just won the 2023 Pulitzer Prize for General Nonfiction last fall when they were invited to a Memphis high school to discuss their new book, His Name Is George Floyd: One Man’s Life and the Struggle for Racial Justice.  Samuels describes why he wanted to share his book with the Memphis high school students: “I had once been told that the answer to anything could be found in a book… One day, during my senior year, I was browsing an airport bookstore when I saw Stokely Carmichael’s autobiography, “Ready for Revolution.” A whole chapter was devoted to Bronx (High School of) Science, which he had also attended. I was riveted. It started with an officer hassling him on the street, only to be stunned when Carmichael shows him a book with the school’s logo. Although our time there was separated by four decades, we both had the same confusion upon discovering that white classmates had grown up reading an entirely different set of material….  We were both surprised by how little dancing there was at white classmates’ parties. ‘It was at first a mild culture shock, but I adapted,’ he wrote. I, too, had to learn to adapt, to not be so self-conscious about getting stereotyped because of my speech, my clothes, my interests. It was the first time I had ever truly felt seen in a book that was not made for children.”

Samuels and Olorunnipa received a call just before their Memphis visit warning them they could not read from the book and that the school could not distribute copies to students. And during their visit, it became evident that students’ questions had even been carefully edited by their teachers.  Then, in the weeks after the visit, the Memphis-Shelby County school staff and event sponsoring organization stepped all over themselves trying to apologize to Samuels and Olorunnipa.  It became evident that school staff had been frightened and intimidated by school district regulations; the penalties were severe while the rules themselves remained unclear.

Samuels describes what happened: “(T)he spokesperson for the school district e-mailed… to apologize for the miscommunication and misinformation ‘surrounding your recent visit’… (She) defended prohibiting the book itself, on the ground that it was not appropriate for people under the age of eighteen… (She) then admitted that no one involved in the decision had actually read it. The district’s academic department didn’t have time… A staff person in the office searched for it in a library database, noting that the American Library Association had classified it as adult literature.” There was one positive result of the whole fiasco:  with a donation from Viking Books, the publisher, a Memphis community development group, promised any student from Whitehaven High School a free copy of His Name is George Floyd: One Man’s Life and the Struggle for Racial Justice.

Philosophers of education, academic researchers, educational psychologists, and the students in America’s classrooms all tell us that young people are hurt when the school is forced to remove the books that tell students’ own stories.

Young people are made invisible when state laws suppress accurate teaching about all the strands of the American story including slavery, and what happened during the Civil War, Reconstruction, and the Civil Rights Movement. Children who are gay or lesbian learn that they should withdraw and hide when the words that describe them are banned. Experts also tell us that the other children in the classroom are not frightened when, for example, a classmate shares the challenges his or her family faced as immigrants trying to find a place to feel welcome.

Please open the link and finish reading this important article.

This article in The Washington Post by Hanna Natanson and Anymita Kaye provides a national review of states that are trying to stop book censorship and protect librarians and states that not only ban books for sexual and racial content but threaten jail time for librarians who dispense such books. The state-by-state descriptions on the legal status of librarians is valuable. Open the link if you can to see where your state ranks and what actions it is taking to protect or threaten librarians.

Sam Lee, a leader of the Connecticut Library Association, heads to work these days torn between hope and fear.

She’s encouraged because legislators in her state proposed a bill this year making it harder for school boards to ban library books. But she’s fearful because Connecticut, like America, is seeing a sustained surge in book challenges — and she wonders if objectors will see the legislation as a reason to file more complaints.
“I would like to be optimistic,” Lee said. “But having been in my position for the last few years … I don’t know, it really feels like it’s been forever. And I am worried the book banners are just going to be emboldened.”

The bill in Connecticut, pending before an education committee, is one of a raft of measures advancing nationwide that seek to do things like prohibit book bans or forbid the harassment of school and public librarians — the first such wave in the country, said John Chrastka, director of library advocacy group EveryLibrary.

Legislators in 22 mostly blue states have proposed 57 such bills so far this year, and two have become law, according to a Washington Post analysis of state legislative databases and an EveryLibrary legislative tracker.

But the library-friendly measures are being outpaced by bills in mostly red states that aim to restrict which books libraries can offer and threaten librarians with prison or thousands in fines for handing out “obscene” or “harmful” titles. At least 27 states are considering 100 such bills this year, three of which have become law, The Post found. That adds to nearly a dozen similar measures enacted over the last three years across 10 states.

Lawmakers proposing restrictive bills contend they are necessary because school and public libraries contain graphic sexual material that should not be available to children. Some books’ “sole purpose is sexual gratification,” said West Virginia Del. Brandon Steele (R), who introduced a bill that would allow librarians to be prosecuted for giving obscene titles to minors.
“It is strictly about pornography,” Steele said. “On that limited basis, this isn’t going to have the chilling effect people think it’s going to.”

But other lawmakers say bills like Steele’s are ideologically driven censorship dressed up as concern for children. They note that, as book challenges spiked to historic highs over the past two years, the majority of objections targeted books by and about LGBTQ people and people of color…

The protective library laws being pushed around the country run the gamut: From increasing funding to adding school librarians to campuses to forbidding “discrimination” in choosing which books to stock…

Some restrictive library bills give parents more power over book selection, for example requiring schools obtain parental sign-off before providing children sexually explicit content. Another common move is to require that libraries post lists of their books for parental review.

But the majority of the bills work the same way. They eliminate long-established exemptions from prosecution for librarians — sometimes teachers and museum employees, too — over obscene material. Almost every state adopted such carve-outs decades ago to ensure schools, museums and libraries could offer accurate information about topics such as sex education.

Removing the exemption means librarians, teachers and museum staffers could face years of imprisonment or tens of thousands in fines for giving out books deemed sexually explicit, obscene or “harmful” to minors. For example, an Arkansas measure passed last year says school and public librarians can be imprisoned for up to six years or fined $10,000 if they hand out obscene or harmful titles.

The law protects children and doesn’t harm librarians unless they’re doing something awful, bill sponsor Sen. Dan Sullivan (R) said at the time: “If they don’t knowingly violate [the law], they’re free and clear.”

Seventeen states are weighing some version of this measure, The Post found. That comes after at least eight states enacted such laws between 2021 and last year, although two were later vetoed and one was blocked by the courts.

The Post could not find an instance in which a librarian has been charged under these laws. But Peter Bromberg of the Utah Library Association pointed out several recent cases in which police were called to schools or launched investigations over books — in Missouri, Texas and South Carolina…

Tara White was appointed Elkhart Community Schools’ director of literacy in 2015. For the first several years, she never fielded a book challenge — until 2021, when community members objected to 60 titles, she said. When she defended the books, a conservative website claimed she was fighting for porn in school.

Then last year, Indiana passed a law declaring school employees can face criminal prosecution — leading to a possible $10,000 fine or 2½ years of jail time — for handing out sexual material that is “harmful to minors.”

White resigned.

“I loved being a librarian and … helping every student find themselves in a book,” White said. But while certain she wasn’t actually “breaking the law, nobody wants to go through that process.”

Nobody wants to go to jail, she said, for giving children books.

Jim Hightower is an old-fashioned Texas liberal. He tries to understand what’s happened to his state in his blog. The GOP is just plain mean and crazy.

He writes:

If you think the GOP’s Congress of Clowns represents the fringiest, freakiest, pack of politicos that MAGA-world can hurl at us – you haven’t been to Texas.

It’s widely known, of course, that Ted Cruz, Greg Abbott, and most other top Republican officials here are obsequious Trump acolytes. Thus, Texas is infamously racing against Florida to be declared the stupidest, meanest, most-repressive state government in America, constantly making demonic attacks on women’s freedom, immigrants, voting rights, public schools, poor people, and so on. But I’m confident Texas will win this race to the bottom for one big reason: GOP crazy runs extraordinarily deep here.

We have a county-level layer of ultra-MAGA cultists constantly pressing the state’s far-right officials to march all the way to the farthest edge of extremism – then leap into absurdity. Therefore, the party officially supports abolishment of labor unions, elimination of the minimum wage, privatization of social security, legalization of machine guns, and… well, you get the drift. Now, though, local mad-dog Trumpistas are pushing their party straight into the abyss of autocracy by declaring war on H-E-B.

What’s that? H-E-B is a Texas chain of supermarkets beloved in communities throughout the state. “Beloved,” because the stores fully embrace the rich diversity of all people in our state, has affordable prices, values employees, and supports community needs.

Nonetheless, county Republican zealots screech that H-E-B violates their party ideology by accepting food stamps, opposing privatization of schools, and (horrors!) sponsoring some LBGTQ pride events. So, they’re demanding official condemnation of the grocery chain for – GET THIS – “advocating for policies contrary to the Republican Party of Texas platform.”

Yes, violating the party platform is to be criminalized. It’s the reincarnation of Orwell’s Nineteen Eighty-Four: Be MAGA… or else.

Tim Slekar is a fearless warrior for public schools, teachers, and students. I will be talking to him about Slaying Goliath and the struggle to protect public schools from the depredations of billionaires and zealots.

This Thursday on Civic Media: Dive Back into “Slaying Goliath” with Diane Ravitch

Grab your pencils—BustEDpencils is gearing up for a no-holds-barred revival of Diane Ravitch’s game-changing book, *Slaying Goliath*, live this Thursday on Civic Media. 

Launched into a world on the brink of a pandemic, *Slaying Goliath* hit the shelves with a mission: to arm the defenders of public education against the Goliaths of privatization. But then, COVID-19 overshadowed everything. Despite that, the battles Diane described haven’t paused—they’ve intensified. And this Thursday, we’re bringing these crucial discussions back to the forefront with Diane herself.

This Thursday at 7pm EST on BustEDpencils, we’re not just revisiting a book; we’re reigniting a movement. Diane will dissect the current threats to public education and highlight how *Slaying Goliath* still maps the path to victory for our schools. This isn’t just about reflection—it’s about action.

**It’s time to get real. It’s time to get loud. It’s time to tune in this Thursday at 7 PM EST on Civic Media.**

If you believe that without a robust public education system our democracy is in jeopardy, then join us. Listen in, call in (855-752-4842), and let’s get fired up. We’ve got a fight to win, and Diane Ravitch is leading the charge.

Mark your calendars and fire up Civic Media this Thursday at 7pm Central. 

When PEN America released its latest national report on book banning, the state with the worst record was Florida. If you hear any bragging about test scores in Florida, think twice. Educated people typically don’t fear books; uneducated people do.

Chris Tomlinson, columnist for The Houston Chronicle, reports that book banning is getting more absurd in Texas. Why do school board members think they can censor ideas and images that are widely available on the Internet? At the same time, the state has barred public universities from administering programs that promote “diversity, equity, and inclusion.”

Tomlinson writes:

The Fort Bend Independent School District superintendent would have to ban department store catalogs and National Geographic magazines if the school board goes through with its latest book ban measure.

My colleague Elizabeth Sander reports that school trustees debated giving the superintendent sole authority over library books and textbooks, mandating that none “stimulate sexual desire” among students. 

Have none of them encountered an adolescent? The only books left would center on mathematics; even then, geometry would be iffy.

Fort Bend ISD is not the only public school system in which activists have seized control. Parents are challenging books at Lake Travis ISD, and a citizen panel will review books at Montgomery County public libraries, not librarians.

Nationwide, PEN America, a nonprofit that advocates for free expression, this week reported more than 4,000 instances of book banning during the first half of the current school year, more than in the entire previous 2022-23 school year.

Conservative book banners continue to shock and dismay with their absurdity, anti-intellectualism and renunciation of reality. Before there was online porn and young adult books about LGBTQ love, there was Sears Roebuck selling lingerie and National Geographic photographing semi-nude indigenous women.

Book bans don’t stop at nudity and sexuality; extremists are also targeting ideas they don’t like. For example, teachers may not discuss anything that might make a child uncomfortable lest they face a penalty under state law.

If my fourth grade teacher were subject to the same law, she could have lost her job for telling me enslavers brutalized the African Americans they held in bondage, contradicting my grandfather, who taught me our ancestors were “good slaveholders.”

Lately, it seems any state employee who acknowledges racism in our nation’s history or our present will lose their jobs. The University of Texas is cleaning house, firing dozens of educators dedicated to helping people from disadvantaged communities succeed in higher education.

UT-Austin President Jay Hartzell says the ideological purge is necessary to protect the long-term outlook of the institution. His shameful cowardice in the face of fascist bullies will forever mark him as a collaborator, not a hero.

Free speech and decades of progress toward a more honest assessment of who we are and where we come from are under attack. The wannabe oppressors are organized and winning, and yet, too many of us still don’t take the threat to our liberty seriously.

Governor Ron DeSantis signed a bill limiting the ability of non-parents to initiate book bans. That’s a step forward since any crank was free to challenge any book under previous law. But, the same law made it easier to close public schools and hand them over to the charter industry.

TALLAHASSEE — After more than 1,200 objections were filed to library books and other materials last school year, Gov. Ron DeSantis on Tuesday signed a bill to limit challenges by nonparents or guardians.

The wide-ranging bill (HB 1285) also includes changes designed to ease the process of charter schools taking over operations at traditional public schools that are failing.

The part of the measure dealing with book challenges came after the Republican-controlled Legislature and DeSantis approved measures that ramped up scrutiny of library books and classroom materials, leading to highly publicized disputes.

More than half of the 1,218 book objections during the 2022-2023 school year occurred in two counties, Clay and Escambia, according to a Senate staff analysis. The objections resulted in the removal of 186 books in the two counties.

The bill will require that any “resident of the county who is not the parent or guardian of a student with access to school district materials may not object to more than one material per month.”

During an event Monday, DeSantis said that some people who filed mass objections to books made a “mockery” of the process.

“The idea that someone can use the parents’ rights and the curriculum transparency to start objecting to every single book, to try to make a mockery of this, is wrong. And you had examples where books were put under review that are just normal books that have been in education for many, many years,” DeSantis said.

Meanwhile, parts of the bill related to underperforming public schools would “add some oomph” to the state’s process of allowing charter schools to take over operations, DeSantis said.

Under state law, if a school receives consecutive D or F grades based on various performance criteria, the school is given two years to improve to a C under what’s known as a “turnaround plan.” If the school’s grade doesn’t make such an improvement, one option is for the school to close and reopen as a charter school.

The bill signed Tuesday will speed up converting traditional public schools to charter schools under such circumstances, by giving districts a deadline to execute charter contracts. For schools reopening as charters, districts would have to execute contracts by Oct. 1 of the following school year, and charter organizations would assume “full operational control” by July.

All are welcome to a very important lecture at Wellesley College in Wellesley, Massachusetts. Admission is free. Join me!

The speaker is a pioneer of critical race theory.

Professor Soo Hong, chair of the Education Department at Wellesley, released the following announcement.

We are thrilled to announce that our 2024 Ravitch Lecture in Education will be presented by Professor Patricia Williams ’72, University Distinguished Professor of Law and Humanities at Northeastern University. Professor Williams’s talk is titled, “Burying the Bodies: Book-Banning and the Legacy of Anti-Literacy Laws in Constructing Erasures of History.”

This is a topic that feels relevant now more than ever. 

The lecture will be held on Thursday, April 18, 4:30 PM in Jewett Auditorium. Please share the details of this event widely!

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Description of “Burying the Bodies: Book-Banning and the Legacy of Anti-Literacy Laws in Constructing Erasures of History” 
We live in an oddly contradictory moment: politicians who position themselves as supporters of “absolute” freedom of speech simultaneously enact laws that restrict access to books about race, gender, or critical theory, and seek to constrain conversations about diversity, equity, and inclusion. There have always been “culture wars” in America—it is not surprising that conversations about traumatic histories and contested historical perspectives might be fractious. In a civil society, we commit to arguing our way to consensus, however noisily or uncomfortably, and even if it takes generations. But it is the mark of an uncivil—or authoritarian—society when we find ourselves without the right to speak, hear, write, publish, dissent, or share common space even in our disagreement. The First Amendment rightly allows us to curtail speech that poses an “imminent threat of physical harm.” But recent “anti-woke” laws banish from public spaces books and ideas that merely might inspire “shame,” “guilt,” or “discomfort.” This lecture will ponder the conceptual chasm between those two notions of constraint upon speech. What power imbalance, what uses of force are rationalized in erasing whole histories from collective contemplation? What civic dispossession is enacted when certain lives or lived narratives are discounted as intolerable, unknowable–whose mere recounting is silenced as illegal?

Wellesley Logo

Soo Hong

The lecture will be taped and available online at a later time.

Gwen Frisbie-Fulton is a columnist for the News & Observer in North Carolina. She explains in this column why extremist Michelle Morrow is unqualified to be elected as state superintendent of public instruction. What the public knows about her is that she homeschools her children, she has called the public execution of Obama, Biden, Clinton, and other leading Democrats. But there’s more.

Frisbie-Fulton writes:

After years of being a science nerd, devouring books about space and astrophysics, my son recently became very athletic. This came as a surprise — he comes from a long line of artists and wanderers.

I embraced this new development wholeheartedly and cheered enthusiastically for his team from the sidelines. Next to me, always, was his coach, yelling support until his throat was raw.

A book-smart high school logic teacher, his coach was also learning the sport. He threw himself all in, researching and bringing different hill sprints and threshold runs into their practices. He read, researched and frequently solicited advice from others. The team never became top- tier, but every single runner improved their times and they made it to the regionals. Measured by wins, he might not have been the greatest coach — but he was a very solid leader.

This year, North Carolinians will head to the polls. While elections are inherently about politics, we will also be tasked to determine which candidates are equipped to lead.

To lead, someone must of course be experienced, but he or she also must be curious and open to about the world around them. And that is why I think that my son’s coach — whose politics I disagree with substantially —would be a better, more qualified candidate for superintendent of public instruction than GOP nominee Michelle Morrow.

Experience matters in leadership and Michele Morrow’s experience is extremely limited. While my son’s coach spends nine hours a day at the school, plus another two hours outside it on practice days, Morrow has homeschooled her children. Nonetheless, she has formed rigid opinions about North Carolina’s public schools, calling them “socialism centers” and “indoctrination centers” (WRAL).

Morrow not only lacks experience with public education, but she also lives a life very distant from what most students who rely on our schools know. While my son’s coach lives in an apartment complex where, no doubt, many of his students also live, Morrow lives in a wealthy suburb of Raleigh in a house valued at more than twice the average North Carolina home. In contrast to the Morrows, nearly half of all students in North Carolina are considered economically disadvantaged (with family incomes less than 185% of the federal poverty line). Morrow might believe that “the whole plan of the education system from day one has actually been to kind of control the thinking of our young people” (WRAL), but she fails to understand the supportive, stabilizing impact of public schools in children’s lives.

Good leaders are curious. While my son’s coach has a lot of experience with kids and schools, he didn’t have a much experience coaching — which is why he read, researched and sought advice from others. Morrow appears curiously uncurious. Active on the internet, she puts herself in an echo chamber of views, falling victim to conspiracy theories. During the pandemic, she used the QAnon hashtag #WWG1WGA multiple times and she spread disinformation about vaccinations (Fox 8).

Offline, Morrow further surrounds herself with people who will reinforce, not challenge or grow, her understanding of the world. She was photographed at a far-right candidate training session alongside John Fisher, a Proud Boy, and Sloan Rachmuth, an extremist provocateur who famously trolls and harasses her opponents on social media. Morrow served on the board of one of Sloan’s anti-public education projects (Libertas Prep, which appears to have never launched) alongside extremist Emily Rainey, who at one point claimed to have information about the attack on Moore County’s electrical grid. This insular clique mimics one anothers’ anti-diversity, anti-LGBTQIA+, and anti-education stances, just as Morrow parroted insurrectionist talking points while filming herself on her way to the U.S. Capitol on Jan. 6: “If you’re going to commit treason, if you’re going to participate in fraud in a United States election, we’re coming after you,” she said into her livestream.

If you don’t have experience, and you don’t surround yourself with different ideas and opinions, you must at least have a deep, principled commitment to fight for everyone to be a leader. My son and his coach spar regularly about politics and culture, but he makes sure my kid is always included, respected and heard. On the contrary, Michele Morrow prides herself on her intolerance, calling repeatedly for the “execution” of people she disagrees with (CNN).

She supports banning Islam (HuffPost), though our state has the 10th-largest Muslim population in the country. She has made anti-inclusivity a cornerstone of her campaign, railing against the LGBTQIA+ community, saying “There is no pride in perversion” (Media Matters). Morrow’s ability to lead schools that include many Muslim and LGBTQIA children is, in a word, impossible.

Having opinions doesn’t make you a leader: Experience, curiosity and the desire to work for everyone does.

When fully funded and at their best, North Carolina’s schools are creating our state’s future leaders — and our students need to see what good leadership looks like. The many teachers and coaches who model good leadership to our children day in and day out are not running for office this year; unfortunately Michele Morrow is.

Voters in Orange County, California, ousted two culture warriors, making clear their dissatisfaction with the attacks on curriculum, books, teachers, and students.

Howard Blume reports in The Los Angeles Times:

Voters in the city of Orange appear to have ousted two conservative school board members who had spearheaded policies widely opposed by advocates for LGBTQ+ youth in a recall election viewed as a local bellwether for the culture wars in education.


The fiercely contested recall election in the Orange Unified School District intensified with the board majority’s approval in the fall of a parent-notification policy requiring educators to inform parents when a student requests “to be identified as a gender other than that student’s biological sex or the gender listed on the birth certificate or any other official records.”


A legal battle over the issue is playing out as California Atty. General Rob Bonta pursues a court challenge of such policies enacted by a handful of conservative-leaning school boards. His lawsuit asserts that the rules put transgender and gender-nonconforming students in “danger of imminent, irreparable harm” by potentially forcibly “outing” them at home before they’re ready…

The recall came to be an early litmus test on the resonance with voters of issues that have roiled school boards throughout the nation: the teaching of racism and Black history, the rights of LGBTQ+ youth versus the rights of their parents, restrictions on LGBTQ+ symbols and related curriculum, and the removal of library books with sexual content — especially LGBTQ+ content — from school libraries.

Critics of Governor DeSantis’s “Don’t Say Gay” law reached a settlement with the State of Florida about the limits of the law, striking out its most hateful provisions. A spokesman for DeSantis declared “victory,” but he was trying to salvage the governor’s reputation. The reality is that the settlement is a sharp rebuke to DeSantis and his puppet legislature. Unless there are two lawyers with the same name, the litigants were represented by the same lawyer who represented E. Jean Carroll.

The purpose of the law was to make LGBT people disappear by pretending they don’t exist. DeSantis lost.

If you can open the article, it contains the language of the settlement.

Leslie Postal of The Orlando Sentinel reported:

TALLAHASSEE —  Students and teachers can discuss sexual orientation and gender identity in classrooms under a proposed settlement reached Monday between the state and lawyers for LGBTQ advocates who sued over what they call the “Don’t Say Gay” law.

Activists say the deal clarifies vague language about what the law allows, while lawyers for Gov. Ron DeSantis says it keeps the Parental Rights in Education Act on the books.

The settlement agreement says the state “restricts only classroom instruction on particular subjects — “sexual orientation” and “gender identity.”  It doesn’t prohibit references to LGBTQ people, doesn’t discriminate against them or prohibit anti-bullying policies based on sexual orientation or gender identity, either.

“This settlement … re-establishes the fundamental principle, that I hope all Americans agree with, which is every kid in this country is entitled to an education at a public school where they feel safe, their dignity is respected and where their families and parents are welcomed,” Roberta Kaplan, the lead attorney for the plaintiffs, told the Associated Press. “This shouldn’t be a controversial thing.”

It also protects the legitimacy of gay student groups, safeguards against hate and bullying and allows LGBTQ students and teachers to display pictures of their partners and families. It also says library books are not subject to the law.

Filed with the U.S. 11th Circuit Court of Appeals, it requires the Florida Board of Education to send the agreement to all 67 school districts and make clear “the settlement reflects the considered position of the State of Florida on the scope and meaning of this law.”

The governor’s office, without offering any evidence, said the ruling was “a major win against the activists who sought to stop Florida’s efforts to keep radical gender and sexual ideology out of the classrooms of public-school children in kindergarten through third grade” because it kept the law intact.

“We fought hard to ensure this law couldn’t be maligned in court, as it was in the public arena by the media and large corporate actors,” said Florida General Counsel Ryan Newman. “We are victorious, and Florida’s classrooms will remain a safe place under the Parental Rights in Education Act.”

Despite arguing that the bill didn’t prevent people from talking about sexual orientation or gender identity in school, or even having materials that mentioned those topics, the law led to widespread confusion. Schools across the state banned gay-themed books, Gay Pride events, dances and LGBTQ support groups, even to the point of taking down rainbow stickers and other LGBTQ messages.

Central Florida school districts were among those that removed library books for fear they violated the law. The Seminole County school district, for example, last year decided “Jacob’s New Dress,” a storybook about a boy who wants to wear a dress to school, could not be available in primary grade libraries.

The Lake County school district removed three books from school libraries last school year, including “And Tango Makes Three,” a picture book based on a true story of two male penguins in Central Park Zoo who raised a chick together. That was “done in compliance with Florida state law, specifically 2022 House Bill 1557,” a district attorney wrote.

Lake schools reversed its decision on “And Tango Makes Three” after attorneys for the state, in another lawsuit, wrote that the law applied only to “formal” classroom instruction and not to library books. But that opinion, embedded in a memorandum filed in federal court in late 2022, was not necessarily widely known.

The deal came after two years of court hearings. U.S. District Judge Allen Winsor in Tallahassee twice threw it out on grounds the plaintiffs had no standing.

The plaintiffs appealed Winsor’s decision and agreed to a settlement because the appeals process would have taken years.

Under the deal, the law also doesn’t prohibit “incidental references in literature to a gay or transgender person or to a same-sex couple. Such references, without more, are not ‘instruction on’ those topics.”

References to gay or transgendered individuals are not instruction “on sexual orientation or gender identity any more than a math problem asking students to add bushels of apples is ‘instruction on’ apple farming,” the agreement said.

Typical classroom discussion and schoolwork don’t count as instruction, the settlement said, “even if a student chooses to address sexual orientation or gender identity.”

The statute allows teachers to “respond if students discuss their identities or family life … “provide grades and feedback” if a student chooses “LGBTQ identity” as an essay topic, and answer “questions about their families.”

It also doesn’t require the removal of safe space stickers or safe spaces for LGBTQ students.

It doesn’t prohibit Gay-Straight Alliances, book fairs that include LGBTQ+ focused books, gay-themed musicals or plays, or other extracurricular activities including dances, wearing gay-themed clothing, and non-conforming garb.

To say that opposite-sex attraction was the norm or that “heterosexuality is superior or that gender identity is immutable based on biological traits,” would be equally prohibited under the statute, the agreement states.

Staff writer Leslie Postal and the Associated Press contributed to this report.