Quick look: A U.S. Supreme Court issued in June says public schools must notify parents and allow them to opt out of classroom instruction that substantially burdens their sincerely held religious beliefs.
A recent U.S. Supreme Court decision is prompting public schools to take a closer look at how they notify families about classroom instruction that may intersect with religious beliefs.
In Mahmoud v. Taylor, the court found that a Maryland school district violated the Constitution’s Free Exercise Clause by failing to notify parents before introducing LGBTQ+-inclusive storybooks in an elementary classroom — content the plaintiffs said conflicted with their religious beliefs. The 6-3 decision was issued in June 2025.
The justices said public schools are not required to tailor lessons to every viewpoint. However, they must provide parents with notice and an opportunity to opt their children out of values-based instruction that places “a substantial burden” on sincerely held religious beliefs.
Impact on California classrooms
While the high court did not establish a broad right for parents to opt out of any lesson they disagree with, it did rule that families must be given the chance to opt out when instruction clearly conflicts with their religious convictions — particularly in areas involving identity, sexuality or religion.
At the same time, the court offered no guidance on curriculum content, implementation timelines or enforcement strategies. As a result, school districts are left to interpret the ruling and take reasonable steps toward compliance, even as broader policy guidance is still forthcoming.
Note that schools are still permitted to teach inclusive and diverse content. The key distinction is that if instruction includes a values-based message that could significantly conflict with a family’s religious beliefs — and there is no opportunity to opt out — that could now raise constitutional concerns.
Practical steps for schools
In light of Mahmoud v. Taylor, school districts in California are being encouraged to take several practical steps.
These include reviewing board policies — particularly the California School Boards Association’s sample Board Policy 6144, which outlines curriculum opt-out provisions — and incorporating opt-out language into annual parent notifications.
Districts are also advised to examine instructional materials that may involve religious, identity-based or values-driven content to identify potential areas of conflict. In addition, staff should be trained on how to respond respectfully and consistently to religious accommodation requests from families.
What happens next?
On Wednesday, Aug. 6, the California Department of Education issued non-binding guidance summarizing the Supreme Court’s decision and encouraging districts to evaluate whether specific policies or curriculum could substantially interfere with a student’s religious development.
The CDE emphasized that the ruling does not override California’s existing protections against discrimination and should not be interpreted as requiring the removal of inclusive instructional content. Instead, it directs schools to consider local circumstances and consult legal counsel when determining whether notice and opt-out options are necessary.
The Orange County Department of Education will continue working with districts to offer support and promote consistency in how the ruling is applied locally.
This content was adapted from The 101, a website developed by OCDE to unpack complex education issues. To find more stories like this, visit 101.ocde.us.