Resource Hub: S.B. 49, North Carolina’s ‘Don’t Say LGBTQ’ Law

What is allowed under S.B.49? The impact of the settlement of Florida’s Don’t Say Gay law

S.B. 49 and other similar laws are based on Florida’s ‘Don’t Say Gay’ law, H.B. 1557, signed into law by Governor Ron DeSantis in March 2022. The language of these bills is deliberately vague, leaving educators and districts confused and unsure about what the laws require. 

In March 2024, civil rights attorneys from Equality Florida, NCLR, and Family Equality reached a settlement with the State of Florida, clarifying and limiting the law’s requirements. Key elements of the settlement include:

Educational materials and classroom ‘instruction’

• Students and teachers can speak and write freely about sexual orientation and gender identity in classroom participation and assignments.
• Teachers can respond to students who choose to discuss their own families or identities and can grade essays that include LGBTQ topics.
• Teachers can make reference to LGBTQ people in literature or history.
• The law also does not apply to books with incidental references to LGBTQ+ characters or same-sex couples, “as they are not instruction on sexual orientation or gender identity any more than a math problem asking students to add bushels of apples is instruction on apple farming”,
• The law cannot ban library books with LGBTQ topics not being used for instruction in the classroom.
• The law cannot prohibit references to LGBTQ+ individuals, relationships, families, or topics in any educational or extracurricular context.
• The law is neutral – meaning what applies to LGBTQ+ people also applies to heterosexual and cisgender people.

School safety and protection from bullying

• The settlement reinforces safeguards against bullying based on sexual orientation and gender identity.
• Schools can explicitly protect LGBTQ students in anti-bullying efforts, and teachers can have “safe space” stickers in their classroom.
• Targeting LGBTQ+ persons, couples, families, or issues under the guise of this law is explicitly forbidden.

Students’ rights to free speech and expression

• Student-to-student speech and classroom debates can touch on LGBTQ issues.
• Students of the same gender can dance together at school dances and wear clothing considered inconsistent with their gender assigned at birth.
• Participation in and support of LGBTQ+ student clubs and cultural presentations remain unaffected.
• Schools cannot prohibit participation in extracurricular activities (such as ‘Gender and Sexuality Alliances’ or book fairs)” or “after-hours tutoring.”
• GSAs are officially protected, providing students with essential support and advocacy spaces.

The settlement agreement can be found here. It is not legally binding outside of Florida, but it provides the clearest interpretation of these laws, to date. Students, families and educators challenging overcompliance with S.B.49 in North Carolina schools can refer to the Florida settlement, and ask their district to provide legal justification for its actions and interpretations, when Gov. DeSantis’ attorneys could not. 

S.B.49: How students, parents and educators are responding

During the 2023-24 school year, the Supportive Schools team has learned about a wide range of grassroots responses by students, parents, and educators across North Carolina. 

Students are using their freedom of speech and freedom of expression.

While SB49 is binding on school staff and faculty, students still retain their full rights to freedom of speech. So a student who has to do a book report may choose to read and report on a book that has been banned. A student who has to do a social studies report may choose to research non-binary gender identities in different cultures. For a history project, a student may choose to research an LGBTQ+ historical figure.

Students also retain their right to self expression. Changes in pronouns must be reported to parents, but students have many other ways to express themselves and who they are. The more that schools try to crack down on that expression (banning rainbows, pride flags, pronoun buttons, and more) the more creative students are becoming, and the more non-LGBTQ+ students are getting involved in protecting students’ rights. 

Staff and faculty are engaging in non-compliance and civil disobedience.

When SB49 was first passed, there was a great deal of concern among educators. After a year, however, teachers, counselors, social workers, and media specialists, as well as many administrators, have realized that there are few enforcement provisions in place, and many are simply ignoring provisions like reporting students for changing their pronouns. If they are challenged for these choices, they respond by invoking their professional ethics or their obligations under Title IX, all of which forbid them from discriminating against LGBTQ+ students.

Parents and families are stepping up

A large majority of parents, guardians and other family members are frustrated with how public schools have been drawn into the culture wars. Across the state, parent groups are organizing to oppose book bans, support LGBTQ+ friendly school clubs and youth programs, and counter disinformation and stereotypes about queer and trans youth. Parents are also volunteering to join Media and Technology Advisory Committees, which make decisions about banning books; taking leadership roles in Parent-Teacher Associations; speaking up at school board meetings; supporting school board candidates who believe that all students should be safe and welcome at school; and even running for the school board themselves. 

Could you please put that in writing?

Of course, these efforts are not always well received by administrators who want to discriminate against LGBTQ+ students, and who may threaten punishment or consequences. Students, parents, and teachers alike have learned to use the ‘magic words.’ If an administrator says something is not allowed: “Could you please show me that policy?” If an administrator threatens punishment or consequences: “Could you please put that in writing?” If an administrator cannot show a policy or is not willing to put a decision in writing, then the student, parent or faculty member is not required to comply. If they do provide a written response, then they have provided documentation that may be used in a civil rights complaint.

Filing Title IX complaints

In addition to CSE’s federal Title IX complaint against the state of North Carolina, a number of parents and community groups have filed civil rights complaints against their school districts for complying with SB49. Most commonly, these have involved book bans that target LGBTQ+ content, and school policies that create a ‘hostile educational environment’ for LGBTQ+ students. Complaints have been filed both with district-level Title IX Coordinators as well as with the federal Office of Civil Rights. In other cases, a formal complaint has not been necessary, and problems have been resolved just by meeting with the principal, superintendent or Title IX Coordinator. Please visit our Civil Rights Complaint resource page for more information and to see sample complaints.

News Stories About S.B. 49

• NBC News (ASHEVILLE): LGBTQ students reflect on first school year under North Carolina’s ‘Don’t Say Gay’ law • June 18, 2024
• Charlotte Observer (CHARLOTTE) Charlotte-Mecklenburg Schools changes e-book app over ‘Parents’ Bill of Rights’ concerns • March 21, 2024
• EdNC (ASHEVILLE) New legislation creates fear for some students, but LGBTQ+ school clubs provide community, advocates say • March 11, 2024
• Associated Press (CHAPEL HILL): North Carolina school board backs away from law on policies on pronouns, gender identity instruction• January 19, 2024
• The News & Observer (RALEIGH): LGBTQ rights group says NC’s new Parents’ Bill of Rights violates federal law • October 10, 2023
• Fox 8 (GREENSBORO): North Carolina’s new Parents’ Bill of Rights law could violate Title IX, Campaign for Southern Equality says • October 11, 2023
• Asheville Citizen-Times (ASHEVILLE): Asheville City Schools parents on SB49: Violation of federal Title IX • October 10, 2023
• The News & Observer (JOHNSTON COUNTY): Johnston’s rules on school library books could go beyond what new state law requires • October 12, 2023
• Mountain XPress News (ASHEVILLE): Asheville school board considers policy changes to comply with state Parents’ Bill of Rights • October 10, 2023
• Winston-Salem Journal (WINSTON-SALEM): School district task force studying controversial law on parents’ rights, including use of pronouns, preferred names • October 12, 2023
• WLOS (ASHEVILLE): Asheville City Schools leaders worry about complying with Title IX and Parents’ Bill of Rights • October 12, 2023

Videos: Speaking Out Against S.B. 49 at Asheville City School Board Meeting

At the October 9, 2023 meeting of the Asheville City Schools Board of Education, team members from the Campaign for Southern Equality spoke against S.B. 49, shared details of our legal memo that highlights why S.B. 49 violates Title IX, and urged the Board to press pause on implementing the harmful law.

Report an Incident or Share How S.B. 49 is Impacting You:

Have you seen S.B. 49 or other anti-LGBTQ+ activities implemented in your school? Or do you want to share how you worry about S.B. 49 impacting your life in North Carolina? Please use this form below to share your story.