BREVARD COUNTY, Fla. – Melissa Calhoun, a former teacher at Brevard Public Schools, was embroiled in controversy for addressing a student by their chosen name instead of their legal name, in breach of a new Florida statute. Despite this, she will retain her teaching credentials.

The Education Practices Commission voted unanimously on Wednesday to approve a settlement that allows Calhoun to maintain her teaching license. Calhoun appeared emotional and tearful after the decision.

Calhoun’s lawyer, Mark Wilensky, stated, “The commission has several options — they can suspend, terminate, among others, but those actions wouldn’t be fair or appropriate in this situation.”

Calhoun lost her teaching position for using a student’s preferred name without obtaining the necessary written parental permission, which contravened the state law enacted in 2023.

“What’s very reasonable is to put Miss Calhoun back in her classroom, teaching honors and advanced studies,” Wilensky added.

Wilensky explained that Calhoun finalized a settlement with the Florida Department of Education. The agreement mandates a letter of reprimand, a $750 fine, a year of probation, and the completion of a course on ethics and education.

The case attracted additional scrutiny when the new commissioner of the Department of Education suggested the commission dismiss the settlement, marking an unusual step.

“When the student asked teachers from middle school through high school, ‘Will you call me this name?’ And they all just said, ‘Yeah, sure,’ without thinking, ‘Oh, maybe the parents have something to say about this,’” the commissioner said. “It’s unacceptable. It’s inexcusable, and it cannot be tolerated.”

Despite that recommendation, Wilensky emphasized that the settlement was negotiated and agreed upon by both parties and is legally binding.

“That can’t happen,” he said. “You heard me read the language that the commissioner wrote. That’s designed to prevent that from happening.”

Although Brevard County Schools voted not to renew Calhoun’s contract earlier this year, Wilensky noted she remains eligible to teach in Brevard County or anywhere else in the state — both now and even before the hearing.