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Your Legal Rights Under California Law

California law provides multiple legal pathways for parents to protect their children from instruction that conflicts with their beliefs:

Mahmoud v. Taylor Supreme Court Decision (June 2025)

The U.S. Supreme Court’s landmark decision in Mahmoud v. Taylor  (No. 23-1633) affirms that parents can opt their children out of instruction that conflicts with their deeply held religious beliefs, including gender identity curriculum, LGBTQ+ “normative” instruction, Critical Race Theory, DEI programming, and “inclusive” books that conflict with parental beliefs.​

California Education Code 51240: Religious Exemptions

“If any part of a school’s instruction conflicts with the religious training and beliefs of a parent or guardian of a pupil, the pupil, on written request of the parent or guardian, shall be excused from the part of the instruction that conflicts with the parent’s religious training or beliefs.”

California Education Code 51938: Sexual Health Education

Parents have the absolute right to opt their child out of comprehensive sexual health education and HIV prevention education by submitting written notification to the school district.​

California Education Code 51513: Survey Protections

Protects student privacy by requiring parental consent before students participate in surveys containing questions about personal beliefs regarding sex, family life, morality, or religion.​

Your Child’s Exemptions

The OPT-OUT Notice delivery system allows you to send a fully completed and signed OPT-OUT Notice directly to your child’s school and district. By utilizing this system, you ensure that your preferences regarding your child’s education are formally communicated and respected.

This notice clearly states that your child will be exempt from the following school instruction, programs, and activities for the current school year.

Landmark Case:
Mahmoud v. Taylor

Gender Identity & LGBTQ+ Curriculum

The landmark Mahmoud v. Taylor  Supreme Court decision allows parents to opt their children out of instruction that is against their deeply held religious beliefs which may include:​

  • Gender identity and gender studies curriculum
  • Instruction that LGBTQ+ is “normative” behavior
  • “Inclusive” books and curricula when content conflicts with a parent’s deeply held beliefs
  • Pride Month activities with instructional content

Legal Authority: Mahmoud v. Taylor (2025), California Education Code 51240

California Education
Code 51240

Critical Race Theory & DEI Programming

Parents can opt their children out of instruction and programming related to Critical Race Theory frameworks and Diversity, Equity, and Inclusion (DEI) initiatives when these conflict with their religious beliefs or family values.

  • Critical Race Theory (CRT) frameworks and concepts
  • Diversity, Equity, and Inclusion (DEI) training programs and activities
  • Curriculum emphasizing systemic racism as core to American identity
  • Activities requiring students to acknowledge personal privilege based on race
  • Instruction presenting America as fundamentally or irredeemably racist

Legal Authority: Mahmoud v. Taylor (2025), California Education Code 51240

California Education
Code 51513

Assessments & Testing

Parents can opt their children out of psychological assessments without explicit parental consent, student “climate” surveys that probe political or social beliefs, and evaluations of family attitudes.

If you have questions about the OPT-OUT Notice or face resistance from your child’s school, contact the OPT-OUT Hotline at (669) 307-1953 for assistance. Our team is here to help you understand your rights and ensure your preferences are acknowledged.

Staying informed and advocating for your family’s values is essential in shaping a supportive learning environment.

Legal Authority: Mahmoud v. Taylor (2025), California Education Code 51513

California Education
Code 51513

Anonymous Surveys & Health Questionnaires

Participating in anonymous, voluntary, and confidential surveys related to pupil health behaviors is crucial for understanding student’s well-being.

However, as a parent in California, you can OPT-OUT of these surveys and questionnaires to protect your child from exposure to sensitive topics that may not align with your family values. This includes mental health screenings without parental notification and questionnaires about family relationships or home life.

Your choices are important in shaping a supportive learning environment for your child!

Legal Authority: Mahmoud v. Taylor (2025), California Education Code 51513

California Education
Code 51513

Personal Belief Questionnaires

The administration of any survey, questionnaire, examination, or evaluation containing any questions relative to your child, or your personal beliefs regarding practices in sex, family life, morality, or religion.

Click here to see an example of a Survey administered to 3rd grade students as part of a health and wellness program. 

Legal Authority: Mahmoud v. Taylor (2025), California Education Code 51513

California Education
Code 51938

Comprehensive Sexual Health Education

Attending or participating in any class, instruction or activity related to comprehensive sexual education and HIV / AIDS prevention with the exception of state-mandated Comprehensive Sexuality Education in fifth grade, seventh grade and one semester in high school. Comprehensive Sexuality Education curricula is not required in any other grade and a student may be opted-out.

Parents retain OPT-OUT rights even for mandated instruction if the content conflicts with religious beliefs following the Mahmoud v. Taylor  decision.

Click here to see an excerpt from Comprehensive Sexuality Education.

Legal Authority: Mahmoud v. Taylor (2025), California Education Code 51938

Frequently Asked Questions

Can my school legally refuse my opt-out request?

No. Under California Education Code 51240, 51938, and 51513, as reinforced by the Mahmoud v. Taylor  Supreme Court decision, schools must honor parental OPT-OUT requests. Your rights are legally protected.

Will my child be marked absent when opted out?

No. California law requires schools to provide alternative instruction or independent study during the time your child is opted out. Your child should not be marked absent or face academic penalties.

Do I need to provide detailed explanations of my beliefs?

No. While you can cite religious or moral objections, California law does not require you to justify your beliefs in detail. A simple statement that instruction conflicts with your religious training is sufficient under California Education Code 51240.

What if my school retaliates against my child?

School retaliation is illegal. If you experience resistance or retaliation, contact the OPT-OUT – California Hotline at (669) 307-1953 immediately.

Does this apply to California charter schools?

Yes. California charter schools are public schools and must comply with the same California Education Code sections. Your OPT-OUT rights apply equally to charter schools.

When should I submit my OPT-OUT notice?

You can submit anytime during the school year. We recommend submitting at the beginning (August/September) for maximum coverage. You can submit supplemental notices mid-year as needed.

Can I OPT-OUT multiple children with separate notices?

Yes. Each child requires their own individual OPT-OUT notice. Our system makes it easy to complete multiple notices if you have several children in California public schools.

What happens if my school district doesn't honor my OPT-OUT notice?

If a school district fails to honor your OPT-OUT notice, OPT-OUT – California will work with you to ensure your wishes are respected. If necessary, we can connect you with attorneys who specialize in parental rights cases. Contact our hotline at (669) 307-1953 for assistance.

Are there any programs I cannot opt my child out of?

California requires students to receive certain core instruction. However, even within mandated subjects like Comprehensive Sexuality Education in 7th grade and high school, parents can request alternative materials or accommodations if the standard curriculum conflicts with religious beliefs following the Mahmoud v. Taylor  decision.

Will this affect my child's grades or graduation requirements?

No. Schools must provide alternative instruction to ensure your child meets all academic standards and graduation requirements. Opting out of specific curriculum does not prevent your child from receiving a complete education or graduating on time.

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INFORMED PARENTS OF CALIFORNIA

Questionable Books
in Public Schools

Parents, the books listed below contain questionable and pervasively vulgar content. We encourage you to research each book your child brings home from school, and then make your own decision as to whether or not you wish your child to read the book.

Search the List
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Thank you to the Florida Citizens Alliance and Collier County, FL for compiling this list.

Informed Parents, Informed Parents California, and OPT-OUT CA are dba's of Informed Parents Silicon Valley, Inc., a Section 501(c)(3) charitable organization, EIN 87-2694564. Contributions are tax-deductible for income, gift, and estate taxes. Our IRS determination letter can be requested by emailing us at donations@ip-sv.org.