Laws That "Fix" Laws Create Confusion

A critical misinterpretation of HB1069 has raised concerns that the state is either uninterested in correcting or incapable to correct

Every law has unintended consequences. That’s the reason some legislation takes so long to pass. It involves a long period of study and consideration to best understand how a law might actually be followed once it is out in the world. This is a good thing. Taking time to consider the potential fallout of a new law before passing it can go a long way towards mitigating potentially negative effects. 

So what happens when a state rushes out new laws, one after the other, some to direct public policy, but others to undo the un-considered consequences of the laws just passed?

Certain laws in Florida are taking shape as a case study in exactly this question. 

We’ve written here before about how unevenly book-banning laws like HB 1069 were applied statewide. Further, we’ve discussed how Governor DeSantis’s response to this law in HB 1285 was meant to stem the increasingly ridiculous tide of book bans that resulted. One law to fix the consequences of another. And we’ve discussed how laws that eased the path toward books being banned would eventually lead to students losing out on cultural educational opportunities and academic education. 

And not too long ago, we wrote about how the language in many of these laws regarding “age-appropriateness” was confusing and vague and has, in many cases, been interpreted contrary to the actual intention of certain books and educational materials.

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So now we arrive at an ugly confluence of all of the above: where the passage of a raft of bills, some designed to shape an increasingly radical, unpopular conservative policy, others to address their ‘unintended’ consequences, and a generally more confusing martial landscape in education leads to the restriction of students’ ability to learn. 

Reproductive Health and HIV/AIDS education, a vital curriculum in human biology and a critical aspect of especially adolescent developmental understanding is increasingly restricted around the state. Some districts canceled their curriculums as they awaited state approval only to find they would be forced to implement a strict ‘abstinence only’ policy for sex education—a lesson plan that has shown in study after study to lead to higher instances of teen pregnancy where exercised. 

Why is sexual health education under attack in Florida? 

Another unintended consequence of HB1069 and its vague language regarding ‘age appropriateness.’

And, as we have seen before, the impact of these decisions is uneven and applied differently across the state based on how independent districts think the law is to be interpreted. Or, potentially, what verbal directives they receive from the state! Some have gone so hilariously far as to restrict language around human “fluids.”  In other cases, it’s less funny, with discussions of consent, domestic abuse, and violence being silenced. 

We have always, and continue to, support the most robust educational opportunities for students of Florida as possible. So, what power do we have to address these concerns?  Especially considering the broad authority the state wields when it comes to curriculum decisions.

Our first line of defense against losing additional educational opportunities for our students is to use our voices to ensure censorship does not continue to creep into libraries.  

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These concerns result from a critical misinterpretation of HB 1069, a misinterpretation the state either refuses to correct or is uninterested in or incapable of correcting.

What we want to remind you is that age-appropriateness as it applies to a library and literary materials is highly subjective. Part of the reason we argue vociferously for school libraries and classroom libraries is so that students of varying experiences, abilities, interests, and maturities have access to books that can satisfy their needs. 

We also continue to stand behind the principle that what your student reads should be your decision. One of the fundamental liberties you should have as a parent is to make appropriateness decisions for your own student without the state intervening.  

What is appropriate for one student may not be right for another. And, every student should have an opportunity at a similarly rigorous, robust, fulsome and consistent educational experience. The laws that govern classroom curriculums are written one way to make sure students are equipped with similar knowledge before entering the world of collegiate education or the workforce. Legislation governing what appears in libraries has nothing to do with this.

The state of Florida agrees with us here. Over the last two years, the Attorney General’s office argued multiple times in court documents that, “...the Legislature’s decision that certain materials are inappropriate for use in classroom instruction does not mean they are categorically inappropriate in the very different setting of a school library,” Parnell v. School Board of Lake County 

Why does this matter?

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Your voice still counts. If you think a book that touches on some of the topics your district has decided can’t be taught in classrooms (whether they arrived at that decision correctly or not) should be in your student’s school library, it should be there. The library is a place that enhances education, but should not be held to the same rules or restrictions as broader classroom content. 

Everyone must receive a classroom education. Students have a right to expand their education beyond the classroom and within the boundaries set by their parents, not the state. Our school libraries help ensure all students have equal access to these additional learning opportunities, no matter what their situation is like at home. 

But do you see how confusing this gets? How the passage of laws on laws in such a hurried space only leads to an increasingly murky landscape for teachers, principals, administrators and even parents to navigate? Isn’t this exhausting?

We think so. All we want is for Florida students to have a good, fulsome education before they enter the larger world. 

And current legislation is not allowing that to happen. It’s getting in the way. 

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