Melissa Calhoun appeared before the State of Florida Education Practices Commission last week, where the commission upheld a settlement allowing her to continue teaching during a one-year probation, despite a name use violation.
The settlement terms include a one-year probation during which Calhoun is allowed to teach, a letter of reprimand, a $750 fine and an ethics course.
During the hearing, current Florida Education Commissioner Anastasios Kamoutsas expressed a desire to back out of the agreement.
Calhoun’s attorney, Mark Wilensky, argued against this move, stating, "I'm not certain how lawyers can enter into binding agreements, binding contracts and then say yeah but we really don't want to be bound by it."
Wilensky emphasized that Calhoun has always been permitted to teach while on probation and argued that she should not have been dismissed initially.
Charlotte Winz, a commission member and veteran educator, warned of a “slippery slope” if a parent’s complaint about a teacher calling a student by a nickname leads to such disciplinary actions.
Commission members acknowledged the importance of addressing parents' concerns but ultimately concluded that Calhoun's punishment was sufficient.
Calhoun is highly regarded by parents, faculty, and staff as a teacher who goes above and beyond for her students.
About the dismissal
Calhoun, in April of this year, was told her contract with the district would not be renewed.
The district released the following statement:
"Brevard Public Schools (BPS) was made aware that a teacher at Satellite High School had been referring to a student by a name other than their legal name, without parental permission when the parent reached out to us. This directly violates state law and the district's standardized process for written parental consent.
"BPS supports parents’ rights to be the primary decision-makers in their children’s lives, and Florida law affirms their right to be informed.
"After the accusation was made, the district conducted a detailed investigation. Based on the teacher’s own admission that she knowingly did not comply with state statute she received a letter of reprimand. Teachers, like all employees, are expected to follow the law.
"The teacher is working under a ten-month contract that expires in May 2025. Since the state will be reviewing her teaching certificate based on these actions, the district decided not to renew the annual contract until the issue is resolved with the state.
"At BPS our focus is on education — teachers are here to teach and support students academically. Our job is to work in partnership with parents and guardians to ensure student success."
School district's response
The superintendent of Brevard Public Schools released the following statement on Tuesday:
"The Florida Department of Education has issued a formal reprimand and placed a former Brevard Public School teacher, Melissa Calhoun, on a one-year probation for knowingly and repeatedly violating state law by referring to a student by a name that did not match their biological gender, without parental consent.
As Superintendent, I want to reaffirm our district's unwavering commitment to parental rights. Teachers hold a powerful position of influence, and that influence must never override the rights of parents to be involved in critical decisions affecting their children. This was not a mistake. This was a conscious and deliberate decision to engage in gender affirmation without parental knowledge. We notify parents when students are absent or struggling with classwork; it is unacceptable to withhold information on matters of such personal significance.
This was not a case of confusion or lack of training.
Statute 1000.071 directed the state board of education to adopt rules to implement the statute; 6A-1.0955 is an administrative law that school districts are required to follow. Mrs. Calhoun has acknowledged that her actions were intentional and that she was aware of the law and violated it. That is deeply troubling.
We must have trust in our teachers to act in partnership with families, not come between parents and their children, especially when it comes to these meaningful conversations.
While the state has chosen to allow this individual to retain their certification under probation, I believe it is appropriate that the full term of that probation be completed before any consideration of employment.
Our district will always prioritize the law, the trust of our families, and the rights of parents."
"There was no intent behind it. I was just trying to teach a student in my classroom," Calhoun said.
Calhoun said she had been a teacher for more than a decade, spending about seven years at Satellite High School, the same school she graduated from. Then, last school year, she said she got an email from her principal.
"She asked me to meet with her about a parental complaint regarding that policy," Calhoun said.
It was the policy against using a student's preferred name without parental permission, which is in accordance with state law.
"I genuinely was so confused and surprised at first. I couldn't begin to imagine who it was about," she said.
Calhoun said that's because the student had been going by that name since before the law had been passed. Saying she had known the student for years.
"I immediately owned my actions. In reality, I had forgotten about the law..." she said. And from there,
"I then immediately performed corrective action, and I ceased calling the student that name," she said.
The story gained a lot of attention after news broke that the district would not be renewing Calhoun's contract. The district said they decided not to renew it until the issue is resolved with the state, which was reviewing her teaching certificate.
The issue was resolved last week, when Calhoun received a written reprimand from the state, a fine, and was allowed to continue teaching during a one year probation. Her probation won't start until she starts teaching again.
Calhoun said she had hoped that would be back at Satellite High School
"I immediately applied," She said.
But the Superintendent of Brevard County Schools said in a statement Tuesday he would not be considering Calhoun for a job until her probation is up.
Saying in part, "This was not a case of confusion or lack of training" and saying, "Mrs. Calhoun has acknowledged that her actions were intentional and that she was aware of the law and violated it. That is deeply troubling,".
WESH 2 asked Calhoun about the superintendent, saying she said she knew she was violating the law and did it anyway.
Calhoun said, "... I believe that comes from, of course, with that email and that highlighted that policy. You know, the question was asked, 'Are you aware of this policy to which you know what else can I say other than yes in that moment?' That wasn't an intentional. It was like, 'Oh my gosh, I completely forgot about this policy.' And that kind of hit me like a train. I was unprepared for that."
Though it might not be at Satellite High School, at least for now, Calhoun hopes to teach again.
"I mean, that is my goal. I kind of have to circle the wagon and see where to go from here," Calhoun said.
Parental Rights in Education
WESH 2 spoke with Congressman Randy Fine, who sponsored the Parental Rights in Education Bill, sometimes dubbed the "Don't Say Gay" bill, when he was in the state House.
"What our law said was if they want to be called something other than their legal name, their parents have to sign a form," Fine said. "Whether it's a nickname or frankly a name from another gender, the parent has to be OK with it,"
Fine said if the teacher did what she was accused of, she broke the law.
"I don't have the details," he said. "But if a teacher was referring to a student by a name different than what the parents desire and it rose to the level that the parent complained about it, then that teacher is breaking the law. And we do not want lawbreakers teaching our children."