Understanding HB-999 and how it's impact on Florida's education.
In the current political climate, and especially that of Florida, Critical Race Theory (CRT), feminist theory, and intersectionality are very hot topics. Most Floridians will be familiar with HB 999, a bill supported by Governor Ron Desantis, but for anyone unfamiliar with Interdisciplinary Graduate Alliance’s blog, we’re going to break it down and look at the many elements that go into HB 999: Postsecondary Educational Institutions, along with its’ companion bill HB 266. These bills mandate what material and viewpoints can be taught in Florida public schools and postsecondary institutions.
HB 999 was introduced by the Education & Employment Committee and the Postsecondary Education & Workforce Subcommittee. Members of the House cited as “co-introducers” include Representatives Andrade (R-2), Barnaby (R-29), Buchanan (R-74), Fine (R-33), Jacques (R-59), Maggard (R-54), Massullo (R-23), and Roth (R-94). The bill was filed in February 2023 and went through two rounds of revisions before its presentation to the House in early May. HB 999 itself has yet to pass, though companion bills HB 266 and HB 1035 went into action in July.
A quick Google search of “HB 999” will provide you with countless news articles, but why was the bill such a newsworthy topic? Digging into the text of the bill, it’s easy to see why this bill has yet to pass the House.
“The board shall include in its review a directive to each constituent university regarding its programs from any curriculum that violates s.1000.05 or that is based on theories that systemic racism, sexism, oppression, or privilege are inherent in the institution of the United States and were created to maintain social, political, or economic inequities.” (Note that this was a later addition to the bill, not present in earlier versions).
But what does s.1000.05 say? Although the statute details several guidelines for education in Florida, the most relevant one to this discussion falls under heading 4(a). I’ve added my own notes in italics to break down the legalese for my own ease of understanding, and because a lot of this language is deliberately very vague.
“(4)(a) It shall constitute discrimination on the basis of race, color, national origin, or sex under this section to subject any student or employee to training or instruction that espouses, promotes, advances, inculcates, or compels such student or employee to believe any of the following concepts:
This bill considers the required instruction of the following beliefs to be discrimination, specifically on the basis on race, nationality, and sex/gender. It is not permissible to teach any of these concepts or ideas on the chance that they will be instilled into students or employees.
1. Members of one race, color, national origin, or sex are morally superior to members of another race, color, national origin, or sex.
No group, whether defined by place of origin, sex assigned at birth, or race, holds generally superior morals to any other group.
2. A person, by virtue of his or her race, color, national origin, or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously.
No individual has internal or unintentional bias towards another group. It is not possible to be innately racist/sexist/oppressive even if one makes the conscious choice to hold those beliefs or practices.
3. A person’s moral character or status as either privileged or oppressed is necessarily determined by his or her race, color, national origin, or sex.
White privilege does not exist, and men do not experience privileges not afforded to those of other gender presentations. Alternately, marginalized groups are not inherently oppressed, nor are women or non-cis individuals.
4. Members of one race, color, national origin, or sex cannot and should not attempt to treat others without respect [due] to race, color, national origin, or sex.
All persons must be treated equally despite their race, place of origin, or sex.
5. A person, by virtue of his or her race, color, national origin, or sex, bears responsibility for, or should be discriminated against or receive adverse treatment because of, actions committed in the past by other members of the same race, color, national origin, or sex.
Students should not be treated as responsible for the actions of their race, sex, or country of origin, and may not face consequences for prior actions.
6. A person, by virtue of his or her race, color, national origin, or sex, should be discriminated against or receive adverse treatment to achieve diversity, equity, or inclusion.
Similar to affirmative action, diversity, equity, and inclusion should not be promoted in the academic realm.
7. A person, by virtue of his or her race, color, sex, or national origin, bears personal responsibility for and must feel guilt, anguish, or other forms of psychological distress because of actions, in which the person played no part, committed in the past by other members of the same race, color, national origin, or sex.
It is not permissible for a professor or other educator to teach information that might make individuals in their class feel as though they are being blamed for the actions of their ancestors. Whether or not this information is historically accurate, it is still a violation of this statute.
8. Such virtues as merit, excellence, hard work, fairness, neutrality, objectivity, and racial colorblindness are racist or sexist, or were created by members of a particular race, color, national origin, or sex to oppress members of another race, color, national origin, or sex.”
Colorblindness is not racism, and systems of merit were created with fair intentions in mind.
I did my best to break these “concepts” into understandable language, but this statute is intentionally written in a vague manner. Another thing that really stood out to me in this statute was the separation of “race” and “color”. Dividing people based on skin color feels very outdated and definitely makes me feel kind of uncomfortable, but this is also the man whose team put out a campaign ad for him with a Nazi symbol, so, what do you expect? Far-right ideals and beliefs have never disappeared, although they did resurface to an extreme degree following the 2016 Presidential election. However, the science that supports these beliefs has been debunked a long time ago. A good portion of social scientists recognize that biological race and gender are social constructs. It’s easy to see, then, why CRT and other intersectional schools of thought are seen as a threat to the DeSantis administration. So, s.1000.05(4)(a) was obviously written with some special enforcements in mind. Let’s look at a few.
“10004.06 Prohibited expenditures -
(1) A Florida College System institution, state university, Florida College System institution direct-support organization, or state university direct-support organization may not expend any state or federal funds to promote, support, or maintain any programs or campus activities that:
(a) Constitute violations of s.1000.05; or
(b) Advocate for diversity, equity, and inclusion, or promote or engage in political or social activism, as defined by the rules of the State Board of Education and regulation of the Board of Governors.”
This means that publicly funded universities in the state of Florida (FAMU, FAU, FGCU, FIU, Florida Polytechnic, FSU, New College of Florida, UCF, UF, UNF, USF, and UWF) are not allowed to use their funding for any university programs (extracurricular, academic, or otherwise) that in any way violate s.1000.05(4)(a). And since the statute is written incredibly vaguely, this gives the governing bodies of the state a lot of power when it comes to deciding what violates it.
[Regarding the goals of the Hamilton Center for Classical and Civic Education at the University of Florida] “Educate university students in core texts and great debates of Western civilization and the great books. The center is responsible for developing curriculum and courses to satisfy the requirement for the competency in civil discourse.”
[Regarding the goals of the Florida Institute for Governance and Civics at the Florida State University] “Model civic discourse that recognizes the importance of viewpoint diversity, intellectual rigor, and an evidence-based approach to history.”
Although the language used in the final version of the bill is vague, earlier versions were more explicit about what sort of material constituted a violation of s.1000.05:
“The board shall … provide direction to each constituent university on removing from its programs any major or minor in Critical Race Theory, Gender Studies, or Intersectionality, or any derivative major or minor of these belief systems, which is any major or minor that engenders beliefs in the concepts defined in s.1000.05.”
One major issue with HB999 is the vagueness of the theoretical frameworks that are seen as violations of Floridian statues. Public perception of what CRT means differs from the actual concept. While CRT is often thrown around and used as a buzzword in political discussions and the news, the field is rarely explicitly defined. Critical race theory aims to understand the social construct of race, namely how these conceptions can be affected by sociopolitical action. Gender studies, meanwhile, encompasses many social, cultural, and historical topics only related by their focus on gender. Intersectionality simply attempts to explain how different identities intersect and influence individuals’ lives.
What Republican lawmakers see as a threat to their belief systems are the fundamental ideas of intersectionality and marginalization. For a party that is constantly repeating the mantra “facts over feelings,” the state representatives who worked on developing this statute don’t seem overly concerned with what the facts seem to say. While much of the Florida House of Representatives are supporters of HB999 (and HB266), in action if not outright, some Floridian politicians are speaking out.
“If you actually believe in freedom of thought, we shouldn’t be banning any subject matter. It shouldn’t matter if there’s subject matter being taught at a higher education institution that disagrees with whatever position a political party has adopted.” (Andrew Gothard, President of United Faculty of Florida)
“This is why students across the state are fighting back—these policies are extreme, un-American and bad for Florida. It’s right-wing projection wrapped up in a bill that will push the best and brightest out of our state and will risk our accreditation too.” (Anna Eskamani (D), District 42 House Representative, @annaforflorida)
A companion to HB999, HB 266 addresses higher education institutions, specifically those in the state university system. The bill was passed in mid-May, and as of the 2023-24 academic year is active. Statements from the Florida Governor’s website about the signing of the bill include:
“[HB 266 will] prohibit institutions from spending federal or state dollars on discriminatory initiatives, such as so called “diversity, equity, and inclusion (DEI)” programs” (DeSantis staff).
“By signing this legislation, we are ensuring that Florida’s institutions encourage diversity of thought, civil discourse, and the pursuit of truth for generations to come,” (DeSantis).
“The bills signed today promote a supportive environment where faculty and students can explore and express ideas freely without fear of censorship, retribution, or discrimination. Academic freedom is a cornerstone of higher education, as it allows for the free exchange of ideas and the pursuit of knowledge and truth” (Paul Renner).
“Additionally, this bill will require that our university presidents renew their ownership of and accountability for hiring, promoting, and when necessary, disciplining faculty” (DeSantis staff).
We can gain several insights from these quotes. We see that the Florida State government believes that initiatives aimed at increasing diversity, equity, and inclusion are functioning under an ulterior motive, hence the need for quotation marks. The DeSantis administration also believes that by limiting diversity via reducing courses and viewpoints, they are increasing diversity and, more importantly, the truth. The state government, despite legally mandating that there are many viewpoints that cannot be taught and are seen as violations of Florida legal statutes, contends that these bills will promote freedom of expression in higher education. Lastly, we see that Florida politicians and university presidents are encouraged to, when necessary, discipline their faculty.
With any subjects that present “Critical Race Theory, Gender Studies, or Intersectionality” under threat by the Florida government, it’s more important than ever for young academics and professionals to remain aware of what’s going on in the news and what can be done to help. However, it’s just as important to understand what topics are under attack, and *why* they are under attack. By remaining conscious about what news materials we are consuming and spreading accurate, unbiased, easily understandable, and non-judgmental sources, I am hopeful that this generation of new academics can contribute to real policy change and implementation.
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Highlighting These Topics: Banned Book List
Every month, along with the topic we want to address, the IGA wants to highlight banned books that discuss material related to this discussion. With a topic as broad and controversial as CRT and feminist/queer theory, it was not a challenge to find a handful of books that have been banned for “inappropriate” material. This month, all selections have been banned in at least one county school district in Florida (complete list here) It’s worth noting that books are constantly being banned and unbanned, so I can’t guarantee that any of these are still in the hot seat. However, they were banned or under threat of being banned at some point.
THE HANDMAID’S TALE by Margaret Atwood
Set in the futuristic Republic of Gilead, Margaret Atwood introduces us to Offred, or “of Fred”, the Handmaid who belongs to the unnamed Commander and his wife, Serena Joy. In Gilead, society is totally patriarchal, free speech is disavowed, and the government is a theonomic, white supremacist, military dictatorship. The narrator, a Handmaid named Offred, tells us about her experiences in this strange new world, where your rules of life are determined by which social class you belong to. The Handmaids are responsible for reproducing in a world where most women have been rendered infertile by exposure to radiation or pollutants. Offred is manipulated throughout the story by those who have power over her, especially the Commander and Serena Joy, and even those she thinks she can trust may not be who they seem. THE HANDMAID’S TALE addresses important issues like the politicization of the control of women’s rights, how homophobia often goes hand in hand with misogyny, and the use of religion as a tool to maintain control.
THE HANDMAID’S TALE is now a TV series on Hulu, ironically starring Elizabeth Moss, a well-known Scientologist who has nothing but good to say about the church (check out her interview with the New Yorker here: https://www.newyorker.com/magazine/2022/05/09/how-elisabeth-moss-became-the-dark-lady-of-the-small-screen, and check out Leah Remini’s “Scientology and the Aftermath” to see why Moss’s role has caused some controversy
HOW TO BE AN ANTIRACIST by Ibram X. Kendi
Ibram X Kendi provides new perspectives on themes many of us are familiar with, supplementing them with his own lived experiences and observations throughout his life as a black man. At the core of Kendi’s argument is the idea that the opposite of being a racist is not being a non-racist, but rather an anti-racist. While a non-racist would simply refrain from racist thought and behavior, someone who is anti-racist is actively working with the intent to counter systematic racism. Kendi provides insights into topics relating to class, gender, and culture, but also encourages the reader to delve deeper and think harder about these topics. Racism is not simply based on color, but rather on complex manifestations combined through the use of scientific racism, colorism, biases, and demographic measures. Kendi points out that racism is not simply based on race, but also relies heavily on both gender and class divides.
You might know of Kendi from his activism during the COVID-19 pandemic and the Black Lives Matter movement, or his founding of the Center for Antiracist Research at Boston University. HOW TO BE AN ANTIRACIST is one of six published books by Kendi, and he’s frequently featured on news channels including MSNBC, CNN, CBS, and the Daily Show.
THE BLACK FRIEND: ON BEING A BETTER WHITE PERSON by Frederick Joseph
Frederick Joseph’s debut novel provides personal insights into how race-related situations have made the author(s) feel and react in the past. Guest voices include Angie Thomas, April Reign, and Jemele Hill, among others, and provide unique first-hand perspectives on how people in positions of privilege can better use that privilege to support those of marginalized communities. The thing that makes THE BLACK FRIEND different is every person that reads it will be able to recognize situations they have experienced in their own lives, whether as a witness, a victim, or a perpetrator. Joseph leaves no stone unturned, addressing topics like power structures, microaggressions, reverse racism, and all sorts of things in between.
“Toward the end of ‘The Black Friend’, Frederick Joseph writes that his book is ‘a gift, not an obligation.’ I respectfully disagree. This book should be an obligation for white people, especially white parents, because we must raise anti-racist kids who will never be perpetrators of or bystanders to white supremacy and who will never mistake tolerance or appropriation for respect. Don’t skip the painful parts and read every word.” (Chelsea Clinton)
STRANGE FRUIT: WHY BOTH SIDES ARE WRONG IN THE RACE DEBATE by Kenan Malik
In STRANGE FRUIT, Kenan Malik is against both racism and anti-racism. This is far from the first time Malik has sparked controversy with his beliefs; he was once associated with several Marxist groups and stood as a candidate in 1987 representing the Red Front, a Socialist party. By the 1990s, though, his focus was on the defense of free speech and scientific rationalism (the belief that all knowledge can be gained, and all problems solved, through the scientific method). In his novel, Malik introduces evidence from a variety of fields, including genomics, biology, evolutionary psychology, philosophy, sociology, and more to defend his claim that “both sides are wrong”. Analysis of the novel shows that he has strong evidence to support this claim; indeed, he suggests that race is a social category, but it is precisely for that reason that it is useful with regards to scientific thinking. Reviewers point out topics that Malik discusses, including identity politics, medical racism, repatriation, and the ideas of the Age of Enlightenment, and suggest that his multi-field approach may be one of the strongest aspects of the novel.
The foreword of the novel is available on Malik’s website, Pandaemonium, linked here: https://kenanmalik.com/foreword-to-strange-fruit/. For my fellow anthropologists, this book has a great deal of focus on cultural anthropology and what the discussion around the concept of race has done to the field.
GENDER QUEER: A MEMOIR by Maia Kobabe
Maia Kobabe’s graphic novel has been the center of a great deal of controversy since its’ 2019 publication and the subsequent book and library challenges from 2021 to present. Known for the inclusion of sexually explicit illustrations, the novel has been challenged by groups such as Moms for Liberty and news companies like The Daily Wire. The American Library Association named GENDER QUEER as the most challenged book for both 2021 and 2022. Regardless, Kobabe has shared this has only increased the book’s sales in the time since. When considering that the novel addresses topics teenagers aren’t likely to find elsewhere, it’s easy to see why. Topics including gender euphoria and dysphoria, asexuality, gender-neutral pronouns, and queer culture are central elements of the story.
GENDER QUEER fell victim to a campaign by Patriot Mobile Action to eliminate critical race theory and LGBTQ indoctrination from schools in Texas, was used as a tool in an ad against Michigan governor Gretchen Whitmer (D), and has been the center of lawsuits put forth by politicians including Tim Anderson (R-VA) and Krause (R-TX).
THIS BOOK IS GAY by Juno Dawson
Easily recognized by its’ cover, an intersection pride flag with bold letters declaring THIS BOOK IS GAY, Dawson’s 2014 nonfiction book was written to explain and, more importantly, discuss the aspects of life that a young queer person might not automatically be familiar with. Juno Dawson, herself a trans woman, wrote the book as a sort of “instruction manual” for young LGBTQ+ individuals. She has firsthand experience of the experiences she discusses, including the coming out experience, facing homophobia and other bigotry, queer relationships, and intersectionality. The book also provides a glimpse into queer history and offers guidance to parents and guardians on how to care for young queer individuals. THIS BOOK IS GAY has also featured on the American Library Association’s list of “Most Challenged Books” of 2022.
About the Author:
C. is an anthropology PhD Student and bioarchaeologist studying childhood as a social construct in ancient Türkiye. Their side research is centered on the misappropriation of anthropological theory and evidence on social media.
