What will be the ramifications of HB 233?

Is Creationism a viewpoint or an unsubstantiated claim? Is denying that global warming is partially caused by humans a viewpoint or an outright lie?

What will be the ramifications of the new law (HB 233) recently signed by Governor DeSantis that encourages (or demands) public universities to have the students discuss various points of view?

Why doesn’t the bill clarify that a ramification of the bill should NOT be the spread of lies (with lies defined as false statements made with the deliberate intent to deceive)? In other words, why doesn’t the bill clarify the difference between a point of view and a lie?

Does the part of the bill that says “expressive activities protected by the bill do not include defamatory speech” make clear that hate groups won’t be given a platform? Is a defamatory statement any statement that exposes a person or persons to hatred, ridicule, or contempt? Or does it only apply to false (as compared to merely unsubstantiated) statements that incite people to hatred and bigotry?

I don’t understand why our state legislators keep passing laws that apply to some publicly funded schools but not all publicly funded schools. Taxpayers have a right to want our tax money spent in a responsible way. If it’s a good idea to have students exposed to various points of views, then why not make that a requirement of all schools receiving taxpayer money? Does exposing students to various points of view improve their critical thinking skills? If yes, then shouldn’t it be a requirement of all schools that receive taxpayer money? Would legislators be more careful about the bills they pass if the bill also applied to private schools that accept money from the public treasury?

I also don’t understand how the Florida state Board of Education (FBOE) reconciles their new rule (banning Critical Race Theory and the information in the 1619 Project) with the new law HB 233.

I am aware that HB 233 applies to public universities whereas the FBOE new rule applies to K-12 district-run schools. However, banning viewpoints based on facts is contrary to the spirit of HB 233.

The FBOE has defined (in their new rule) Critical Race Theory as the “theory that racism is embedded in American society and its legal systems in order to uphold the supremacy of white persons.”

If a law harms people of color more than it harms white people, would it violate the FBOE new rule if that fact is mentioned in the classroom? The new FBOE rule is banning not only a point of view but also facts?

Some on the FBOE (when discussing the new rule) expressed the concern that CRT (as they defined the term) says that the foundational principles of our country include bigotry. We cannot deny that slavery and Jim Crow laws existed. We also cannot deny that the Declaration of Independence is in contradiction to slavery and Jim Crow laws when it says: “All men [and hopefully they meant all humans, i.e. mankind] are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness.”

Perhaps the goal of the FBOE was to encourage people when defining our country to always include the ideals of liberty and justice for all. I love those ideals of liberty and justice for all which are expressed in the pledge of allegiance, etc. However, we can’t ignore the long term ramifications of the prejudice caused by the justifications used to rationalize slavery. The FBOE needs to repeal their rule banning CRT and the articles found in the 1619 Project as the Governor-appointed board has definitely banned a point of view and possibly banned statements of fact depending on how they and others enforce the new rule.

I continue to be concerned when the legislators or the Governor-appointed Board of Education make rules that apply to district-run schools but do not apply to all publicly funded schools. If the rule is a good one, then shouldn’t it apply to all publicly funded schools? Would they be more careful about passing unnecessary or possibly dangerous bills if the bill also applied to private schools that accept money from the public treasury?

References


https://www.jacksonville.com/story/news/education/2021/06/22/desantis-viewpoint-diversity-bill-new-civics-curriculum-florida-public-schools-universities/5306376001/

https://www.jacksonville.com/story/news/education/2021/06/10/state-approves-strict-teaching-standards-opposing-critical-race-theory/7621918002/

Excerpt from HB 233 starting on line 68:
(c) The State Board of Education may not shield students, faculty, or staff at Florida College System institutions from free speech protected under the First Amendment to the United States Constitution,
Beginning on line 51:
“Shield” means to limit students’, faculty members’, or staff members’ access to, or observation of, ideas and opinions that they may find uncomfortable, unwelcome, disagreeable, or offensive.
https://www.flsenate.gov/Session/Bill/2021/233/BillText/er/PDF

Excerpt from the new rule that the Florida Board of Education approved on June 10th:
Examples of theories that distort historical events and are inconsistent with State Board approved standards include the denial or minimization of the Holocaust, and the teaching of Critical Race Theory, meaning the theory that racism is not merely the product of prejudice, but that racism is embedded in American society and its legal systems in order to uphold the supremacy of white persons. Instruction may not utilize material from the 1619 Project and may not define American history as something other than the creation of a new nation based largely on universal principles stated in the Declaration of Independence
http://www.fldoe.org/core/fileparse.php/19958/urlt/7-4.pdf

Excerpt from the 1619 Project:
The 1619 Project is an ongoing initiative from The New York Times Magazine that began in August 2019, the 400th anniversary of the beginning of American slavery. It aims to reframe the country’s history by placing the consequences of slavery and the contributions of black Americans at the very center of our national narrative.
https://www.nytimes.com/interactive/2019/08/14/magazine/1619-america-slavery.html

I continue to wish Florida Statute 1003.42(2)(g) was required of not only the district run schools but also charter schools and voucher funded private schools. Excerpt from that statute:
(g) The history of the Holocaust (1933-1945), … [must be] be taught in a manner that leads to an investigation of human behavior, an understanding of the ramifications of prejudice, racism, and stereotyping, and an examination of what it means to be a responsible and respectful person, for the purposes of encouraging tolerance of diversity in a pluralistic society and for nurturing and protecting democratic values and institutions,
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=1000-1099/1003/Sections/1003.42.html

Charter schools are exempt from many of the laws required of district-run schools.

Excerpts from Florida statute 1002.33:

(16) EXEMPTION FROM STATUTES.—
(a) A charter school shall operate in accordance with its charter and shall be exempt from all statutes in chapters 1000-1013.

However, a charter school shall be in compliance with the following statutes in chapters 1000-1013:

  1. Those statutes specifically applying to charter schools, including this section.
  2. Those statutes pertaining to the student assessment program and school grading system.
  3. Those statutes pertaining to the provision of services to students with disabilities.
  4. Those statutes pertaining to civil rights, including s. 1000.05, relating to discrimination.
  5. Those statutes pertaining to student health, safety, and welfare.

(b) Additionally, a charter school shall be in compliance with the following statutes:

About Susan

Susan joined the First Coast Freethought Society in 2008 after hearing about the organization on NPR. Susan has coordinated the FCFS book group since 2016. She retired in 2018 after working as a CPA for 42 years! Now, she is a member of the Advocacy Overview Committee for FCFS.