Why thousands of Florida students are not being taught sex ed

In May 2023, Florida Governor Ron DeSantis (R) signed Florida House Bill 1069, a law that requires sex education classes in the state to conform to right-wing ideology. Specifically, the law requires all sex education classes to teach students that sex is binary, "either male or female," even though that is inaccurate. It also mandates that students are instructed that sex is defined exclusively by "internal and external genitalia present at birth," and these sex roles are "binary, stable, and unchangeable." This requirement erases the existence of trans and nonbinary people. Schools also must "teach abstinence from sexual activity outside of marriage as the expected standard for all school-age students" and "the benefits of monogamous heterosexual marriage."

To enforce these new rules and other aspects of the DeSantis administration's political agenda, HB 1069 also requires "all materials used to teach reproductive health" to be approved in advance by the Florida Department of Education (FDE) or use textbooks pre-approved by the state. Previously, sex education curricula were approved by district school boards. Florida parents can opt-out of sex education lessons on behalf of their children. 

The FDE instructed school districts to submit their materials for sex education by September 30, 2023. The school districts met the deadline, but the FDE never responded. Florida counties were placed in a no-win situation as not teaching sex education, a mandatory course, at all is a violation of state law. 

Several Florida school districts — including Hillsborough, Orange and Polk Counties, three of Florida's largest — decided not to teach sex education at all during the 2023-24 school year, the Orlando Sentinel reported. Other counties, including Broward and Seminole Counties, taught sex education classes without getting the legally required approval. 

The FDE has ignored requests for comment and public records requests seeking an explanation for the delay. 

Now, a new school year is underway in Florida, and the FDE still has not approved any of the submitted sex education materials — or provided any response at all. Orange County hoped to make up for last school year's missed lessons when school started this August, "but now those plans are on hold." 

Schools are reluctant to use the state's pre-approved texts because they are glaringly incomplete. For example, one textbook "preaches abstinence as the only effective way to prevent STDs and pregnancy and does not mention contraception." To avoid issues, the textbook advises students to "go on group dates rather than spend one-on-one time with a partner."

Florida's sex education training manual for "experts"

Popular Information obtained a training manual that the FDE sent to "experts" who, at some point, will review sex education materials submitted by county school districts. The 43-page document was acquired by the Florida Freedom to Read Project, which filed a public records request. 

The manual provides clues as to why the review process may be delayed. The "experts" are directed to evaluate all materials on 11 separate criteria, some inscrutable. For example, all materials must be evaluated on the criteria of "Male and Female Reproductive Roles," "Principles of Individual Freedom," "Critical Race Theory," and "Social Justice." 

Subsequent pages purport to provide guidance about how to apply each criteria, but often do little to clarify matters. For example, page 17 explains that when evaluating whether material is "Age and Grade Appropriate," reviewers should apply the "rubric" of "Materials are appropriate for the age or grade."

Other explanations of the criteria are more detailed but no easier to interpret. Page 25 is labeled "Critical Race Theory" but also says reviewers should ensure that sex education instruction "include the U.S. Constitution, the Bill of Rights, and subsequent amendments."

Criteria 11 says reviewers must ensure that sex education materials exclude "Social Emotional Learning," which is not defined.

"Experts" that successfully apply these criteria will receive a $330 stipend for each complete review.