Florida Education Commissioner Manny Diaz Jr. now says teaching Advanced Placement Psychology doesn’t violate the state’s ban on instruction about sexual orientation and gender identity, despite previously demanding that the topics be removed from the syllabus.

In response to Diaz’ new guidance this week, the College Board, which creates AP courses, said in a written statement, “This clear guidance provides Florida educators, parents and students the certainty they need.” But not all school districts agree.

Both Clay and Duval Schools said Thursday that Diaz’s new guidance won’t change their decision to transfer AP Psychology students to other college credit classes, including the Cambridge Psychology course, instead.

The decision follows a week of conflicting, ambiguous statements from the state that left school districts with a difficult decision: cancel the popular class at the last minute or offer it and risk that students won’t get proper credit. Teachers, too, fear they could face discipline for violating state law if they teach AP Psychology. (See the timeline below to understand how the situation developed.)

At least eight Florida school districts, including Clay and Duval counties, announced this week that they were dropping AP Psychology. The College Board told districts last week that any course that excludes gender identity and sexual orientation from the curriculum “should not be considered for college credit” and they shouldn’t offer the course “until Florida reverses their decision.”

It remains unclear whether Florida has actually reversed its content ban, since no law or rule had changed when Diaz authorized the unit relating the gender and sexual orientation in the AP Psychology syllabus this week.

How districts got here: A timeline

The state set the stage for the conflict with earlier laws, but the confusion intensified only days before the school year was to begin.

March 17, 2022: Gov. Ron DeSantis signs the “Parental Rights in Education” law.

The controversial law states that “classroom instruction by school personnel or third parties on sexual orientation or gender identity may not occur in kindergarten through grade 3 or in a manner that is not age-appropriate or developmentally appropriate for students.”

April 19 2023: The Florida Board of Education passes Rule 6A-10.081.

The new rule expands Florida’s Parental Rights in Education law, stating that educators “shall not intentionally provide classroom instruction to students in grades 4 through 12 on sexual orientation or gender identity unless such instruction is either expressly required by state academic standards … or is part of a reproductive health course or health lesson for which a student’s parent has the option to have his or her student not attend.”

The rule also says anyone who violates this rule could have their teaching certificate suspended or revoked.

May 17, 2023: DeSantis signs HB 1069.

The new law extends the prohibition against instruction on sexual orientation and gender identity up to grade 8 and adds the provision that “if such instruction is provided in grades 9 through 12, the instruction must be age-appropriate or developmentally appropriate for students in accordance with state standards.”

May 19, 2023: The Department of Education asks college course providers to change curriculum.

The Florida Department of Education sends a letter to agencies that provide college credit courses, including the College Board, AICE/Cambridge and International Baccalaureate, or IB, referencing both the rule passed in April and the law passed in May.

Jacksonville Today obtained the letter from the College Board, as well as an “alignment assurances” document certifying that all College Board courses comply with Florida’s new bans on instruction of sexual orientation and gender identity, as well as another ban in the state’s so-called Stop WOKE Act, which limits instruction on race and racism.

“We implore you to immediately conduct a thorough review of all College Board courses … some courses may contain content or topics prohibited by State board of Education rule and Florida law,” the letter says.

June 2023: The College Board refuses to comply.

The College Board sends a letter to Florida officials stating that it “will not modify our courses to accommodate restrictions on teaching essential, college-level topics. Doing so would break the fundamental promise of AP: Colleges wouldn’t broadly accept that course for credit and that course wouldn’t prepare students for careers in the discipline.”

The American Psychology Association praises the College Board’s decision and sends letters admonishing Cambridge/AICE and IB for agreeing to review their curricula.

Aug. 3, 2023: The College Board advises districts to drop the course unless Florida drops its ban.

During a call with the Florida Association of District School Superintendents, state education leaders tell schools they could offer AP Psychology only if material about sexual orientation and gender identity is skipped, according to reporting by the Washington Post.

The College Board issues a letter stating that “any AP Psychology course taught in Florida will violate either Florida law or college requirements” and advising school districts to drop the course unless Florida reverses its content bans. The College Board also states that “we affirm that gender and sexual orientation are essential, longstanding and foundational topics in the study of psychology.”

Aug. 4, 2023: Diaz tells districts to keep offering the course.

In a letter to superintendents, Diaz writes, “The Department believes that AP Psychology can be taught in its entirety in a manner that is age and developmentally appropriate and the course remains listed in our course catalog.” Diaz’s letter does not provide clarity about how teachers are to go about teaching the course in alignment with Florida’s rules.

The state’s largest teachers union, the Florida Education Association, sends a letter to Diaz on Aug. 5 stating, “Should any local school district attempt to discipline a teacher for teaching AP Psychology in full … the teacher will have the support of their students, their students parents, the community at large and the tens of thousands of educators who are part” of the union.

Aug. 8, 2023: Districts drop AP Psychology.

Districts across the state, including Clay and Duval counties, begin dropping AP Psychology. Duval Schools says, “If AP Psychology is taught in its entirety, which is required for students to sit for the exam, it could place teachers and school leaders in uncertain waters with potential charges under the law.” Clay County schools says it’s dropping the course to ensure students are “awarded the proper credits for the courses they are enrolled in throughout their academic career.”

Both Clay and Duval transfer students into other college credit level courses, like the AICE/Cambridge Psychology course in Clay and Duval and AP Seminar in Duval. Other school districts in Northeast Florida say they will continue to offer the College Board class.

At the same time, the body that accredits exams for college credit, the American Council on Education, sends a letter to Cambridge “expressing our regret that Cambridge signed the Florida attestation, which we believe to be a priori academic censorship.” But the letter added that Cambridge provided materials showing neither the exam nor syllabus changed in response to Florida’s laws.

ACE tells Jacksonville Today the current college credit recommendation for the Cambridge’s Psychology exam remains effective until Sept. 30, 2024, when it was already set to expire, and will undergo a review for renewal next year. 

Aug. 9, 2023: Diaz says the class is lawful.

On Wednesday, Diaz sends another letter to superintendents saying he wants to “make sure there is no room for misinterpretation.” He specifies that the specific unit in AP Psychology that addresses sexual orientation and gender identity “can be taught consistent with Florida law.” He still does not say how.

No changes have been made to any Florida rule or law. Some districts defend their decision to offer AP Psychology, including Leon County Schools. In a statement, Superintendent Rocky Hann said, “We are going to take the commissioner of education’s word. … I have communicated to our staff to respect the law and follow the law, but not to fear the law and do more than it requires.”

In response to the new guidance, Clay County Schools says: “This will not change our decision as a district. Fortunately for Clay County, our high schools have AICE, IB, and Dual Enrollment options for this course already.” Duval Schools also tells Jacksonville Today on the phone that AP Psychology is not back on student schedules. The district emphasized the other college-level psychology offerings.

Lead photo: Manny Diaz Jr. is the Florida Commissioner of Education. | Will Brown, Jacksonville Today