Don’t Say Period
Illustration by Cynthia (@PTElephant).
Welcome back to another tussle into the nitty-gritty of legalese and state laws!
Today we will look at Florida House Bill 1069, or as an article from Salon refers to it, the "Don't Say Period" bill.[1]
The article states that this bill will prevent sex education of any kind until sixth grade and prevents any student from asking about any period related questions. It was approved and will go into effect for the 2023-2024 school year.
But is this actually what the bill says?
After looking into the 20 page bill, the only section that addresses education at all is in lines 153-159, which states:
"Classroom instruction by school personnel or third parties on sexual orientation or gender identity may not occur in prekindergarten kindergarten through grade 8, except when required by ss. 1003.42(2)(n)3. and 1003.46. If such instruction is provided in grades 9 through 12, the instruction must be 3 or in a manner that is not age-appropriate or developmentally appropriate for students in accordance with state standards…"
You can find a pdf copy of the bill here.[2]
This means that classroom instruction on gender identity or sexual orientation are not permitted except for the state education standards outlined in sections 1003.42 and 1003.46. This does not mention anything about education on periods / menstruation. But maybe the sections that they mentioned talk about menstruation.
Let's take a look!
Section 1003.42 is the Florida State Statutes of required education for middle and high school students.[3] The list is quite exhaustive and includes many subjects involving history, multiculturalism, and science. Of particular importance for this discussion is the discussion of health education.
There are some important points to note here. The first is that the statute states two different age groups in terms of sex education and has slightly different goals for each. The first group is listed as grades 6 through grade 12. The statue states:
"For students in grades 6 through 12, awareness of the benefits of sexual abstinence as the expected standard and the consequences of teenage pregnancy."
I would like to take this moment to point out that whether you believe abstinence to be an effective form of avoiding teenage pregnancy or not, it is clear that 6th grade children, per the state statutes, are receiving sex education.
The second age group mentioned is only a difference of one year. This statute states:
"For students in grades 7 through 12, teen dating violence and abuse. This component must include, but not be limited to, the definition of dating violence and abuse, the warning signs of dating violence and abusive behavior, the characteristics of healthy relationships, measures to prevent and stop dating violence and abuse, and community resources available to victims of dating violence and abuse."
Seems useful considering it is an age group going into the age of dating, but still, this doesn't mention anything about menstruation or preventing kids from discussing menstruation. But we do have another statute to look into, maybe that will clear up this issue!
Statute 1003.46 is not about menstruation either, however it does cover another important topic: HIV/AIDS. The statue states:
"Each district school board may provide instruction in acquired immune deficiency syndrome education as a specific area of health education. Such instruction may include, but is not limited to, the known modes of transmission, signs and symptoms, risk factors associated with acquired immune deficiency syndrome, and means used to control the spread of acquired immune deficiency syndrome.
The instruction shall be appropriate for the grade and age of the student and shall reflect current theory, knowledge, and practice regarding acquired immune deficiency syndrome and its prevention."
Again, another incredibly useful area of health and sex education, but still, no sight of anything involving menstruation.
I will add that Florida House Bill 1069 does include another section to be added to health education requirements. This addition includes defining sex as "binary, stable, and unchangeable." It also includes the very specific roles of males and females in reproduction.
After reviewing the pages of these statutes and bills, I have found that it does not mention periods or menstruation a single time. If anything, the new Florida Bill solidifies sex education by focusing on education of sex and reproductive roles, and if you didn't know already, menstruation plays a big part in the female reproductive system.
One of the concerns mentioned by the Salon article was that young girls would be unable to ask about their own periods, "which frequently occur before the sixth grade." In terms of age, most girls start their period around age 12, but some can start as early as 8 years old.[4] The age of typical 6th grade children is between 11 and 12 years old, so education for this is appropriate to start in 6th grade. However, studies have shown that frequently, between 57-66% of girls learn about periods from their mothers or other female relatives, and not at school.[5]
Is it just me, or does it seem like Salon is making a big deal out of a non-issue? Particularly because the bill states nothing about preventing girls from discussing their first period. Given all the evidence here, I am left to conclude the article from Salon is more than hyperbole. It is an outright lie, one that plays on the fears and anxieties of young girls and their parents.
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[1] Nalebuff, R. (2023). “Don’t Say Period”: Now Florida wants to ban students from discussing menstruation. Salon.
[2] (2023). CS/CS/HB 1069: Education. The Florida Senate.
[3] (2023). Title XLVIII, Section 1003.42, Public K-12 Education. The Florida Senate.
[4] (2023). Starting your periods. National Health Service.
[5] Sooki, Z., et al. (2016). The role of mother in informing girls about puberty: a meta-analysis study. Nursing and Midwifery Studies, 5(1).
