“Lawmakers are undermining the role of our public schools as a unifying force above politics and turning them instead into a culture war battleground,” said Chief Executive Officer of PEN America Suzanne Nossel in a statement.
Her words come in response to the increasing number of bills geared toward the freedom of expression in education. New research indicates that legislation targeting First Amendment rights in the classroom has grown by 250% since last year. Although the 2022-23 school year is just getting started, it has already been met with substantial legislation aimed to restrict free speech in K-12 and higher ed, colleges and teachers at legal risk.
A large number of these bills seek to undermine the liberal progression in education as conservative lawmakers have increasingly shifted their focus toward LGBTQ+ students and education policies that support them.
For example, Florida Governor Ron DeSantis signed the Parental Right in Education law— otherwise known as the “Don’t Say Gay” bill—in March, aiming to keep schools from discussing sexual orientation or gender identity.
The Linn-Mar Community School District in Marion, Iowa, is also facing legal opposition from a conservative group after implementing a school policy that prohibits teachers from disclosing transgender students’ pronouns from their parents.
More from DA: DeSantis: Veterans and first responders to fill teacher vacancies
The Index of Educational Gag Orders published by PEN America, an organization that advocates for the freedom of expression, says there are now 137 educational gag orders that have been introduced this year alone, compared to the 54 that were filed in 2021.
“Educators are under attack from legislators bent on depriving our children of an education that is open to a breadth of perspectives,” said Jeremy Young, senior manager of Pen America’s Free Expression and Education program.
Here are the report’s main findings:
- Compared to last year’s proposed bills, 2022’s list of gag orders has included more punishments, such as fines for institutions and criminal charges for educators.
- An overwhelming majority of these bills have been crafted by Republican legislators. Of the 137 gag orders introduced this year, only one had a Democratic legislative sponsor.
- 23 bills have targeted speech surrounding LGBTQ+ identities.
- There has been a 9% increase in proposals that target higher ed since 2021, with 39% of bills aimed at higher education this year. Colleges are at higher risk of losing their accreditation and federal financial aid for students.
- Legislation regarding curriculum transparency, LGBTQ+ topics and book banning is predicted to continue into 2023.
“Our report documents in alarming detail the threats to how young people learn and are taught in American public schools,” said Nossel. “By seeking to silence critical perspective and stifle debate, they are depriving students of the tools they need to navigate a diverse and complex world.”
