Florida Settles Challenge to Education Law

Parties challenging Florida's controversial education law have filed a notice of settlement in the Eleventh Circuit Court of Appeals, mooting the existing appeal. In 2022, Florida enacted the controversial Parental Rights in Education Act. That legislation prohibited instruction on sexual orientation and gender identity below 4th grade. The predictable challenge ensued in federal court, and the case has made its way to the appellate level.

The settlement agreement recites numerous arguments from the State's brief explaining the statute, and concluded that the parties have agreed that the State will distribute a copy of the agreement to each Florida school board. Counsel specifically noted that the agreement sets out “the positions the State of Florida has taken about the scope and meaning of the Statute,” and then encouraged the school boards to send copies to each school principal.

The agreement notes that the “scope and meaning” of the statute do not ban discussion by or answering questions from children, and do not apply to library books or extracurricular activities. The parties apparently agree the State's narrow interpretation avoids First Amendment and academic freedom issues.