A recent U.S. Supreme Court decision is prompting public schools to take a closer look at how they inform families about classroom instruction that could intersect with religious beliefs.

In Mahmoud v. Taylor, decided in June 2025, the court ruled that a Maryland school district violated the Constitution’s Free Exercise Clause when it failed to notify parents before introducing elementary students to LGBTQ+-inclusive storybooks — content the plaintiffs said conflicted with their religious convictions. 

The justices said public schools don’t have to tailor lessons to every viewpoint, but they must provide an opportunity for parents to opt their children out of values-based instruction that substantially burdens religious practice.

What does this mean for California schools?

While the 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 notice and an opportunity to opt out when instruction substantially conflicts with their sincerely held religious beliefs — particularly in areas involving identity, sexuality or religion.

At the same time, the court offered no guidance on content, timelines or implementation 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.

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’s no way to opt out — that could now raise constitutional concerns.

What are schools being asked to do?

In light of Mahmoud v. Taylor, school districts in California are being advised to:

  • Review board policies, including the California School Boards Association’s sample Board Policy 6144, which includes language around curriculum opt-outs;
  • Add opt-out information to their annual notifications to parents;
  • Audit curriculum that touches on identity, religion or sexuality for potential conflicts;
  • Train staff to respond respectfully to religious accommodation requests.

What happens next?

Legal experts expect more policy guidance from the California School Boards Association and possibly the California Department of Education.

In the meantime, the Orange County Department of Education is working with districts to offer support and promote consistency in how the ruling is applied locally.