Since the Supreme Court’s June 2025 in decision in Mahmoud v. Taylor, which requires school districts to provide notice and allow parents to opt out of curriculum that undermines the religious beliefs they wish to instill in their children, districts across the country have sought guidance regarding implementation. The California Department of Education (“CDE”) and the California School Boards Association (“CSBA”) have recently issued guidance specific to districts in the Golden State.
CDE Guidance
On August 6, 2025, CDE released non-binding guidance regarding Mahmoud. The guidance emphasized that the Court’s ruling was based on a set of facts unique to that decision, but distilled three factors from the decision to drive a district’s analysis of when to offer notice and opt-outs:
- The nature of the religious belief and practices being asserted, which CDE understood as part of determining a good-faith nexus between the materials and the threat of the belief being undermined;
- The student’s age, with younger children more likely to be influenced by content than their older counterparts; and
- The context of the exposure, or whether the information is presented in a neutral manner or in a manner that advances a point of view hostile to the parent’s religious beliefs.
Because Mahmoud involved parents seeking to opt out of LGBTQ+-affirming content, the case invites questions about how such topics may be addressed at school. CDE explained that Mahmoud does not alter school district’s obligations under state anti-discrimination laws and other relevant portions of the Education Code that require LGBTQ+ inclusion in school curriculum. Based on this guidance, school districts in California should not avoid age-appropriate curriculum involving LGBTQ+ people. School districts in California should also continue to avoid instruction or activities promoting bias against people on the basis of gender or sexual orientation.
CSBA Guidance
This month, CSBA also released updated sample policies incorporating Mahmoud and the opt-outs it requires. Like all CSBA sample policies, these are designed as blueprints for districts to review and modify as needed to align with their practices. The sample policies offer practical guidance for districts implementing notice and opt-outs.
CSBA’s Mahmoud-related updates and language include the following:
- Sample Board Policy 6141.2 (Recognition of Religious Beliefs and Customs) now indicates that the district shall inform parent that they may request to opt their student out of instruction based on their religious beliefs. It specifies that students will not be subject to disciplinary action, academic penalty, or other sanction, and that they will be given an alternate activity of similar educational value.
- Sample Administrative Regulation 6141.2 (Recognition of Religious Beliefs and Customs) now provides a process for requesting opt-outs for religious reasons, with parents explaining the following:
- The specific instructional content of which the student should be opted out;
- The specific religious belief(s), custom(s), and/or practice(s) with which the specific instructional content substantially interferes; and
- How the specific instructional content substantially interferes with the specific religious belief(s), custom(s), and/or practice(s), including any grade level or individual student characteristics relevant to the opt-out request
It also allows the district to consult with legal counsel to determine whether to grant an opt-out request.
- Sample Board Policy 6142.1 (Sexual Health and HIV/AIDS Prevention Instruction) restates the opt-out for sexual health and HIV/AIDS found at section 51938 of the California Education Code.
- The notes accompanying Sample Administrative Regulation 6142.1 (Sexual Health and HIV/AIDS Prevention Instruction) recommended that districts consult with legal counsel about the potential impact of Mahmoud on the two topics that may not be opted out of pursuant to California Education Code sections 51930 through 51939.
- Sample Board Policy 6142.8 (Comprehensive Health Education) specifies that parents may request to opt their children out of participating in health education without penalty and with an alternative educational activity.
- Sample Administrative Regulation 6142.8 (Comprehensive Health Education) lists the specific content areas that parents may opt their children out of under the California Education Code, and notes that parents may opt out of “[a]ny other instruction as permitted by law.” It also notes that, under California Education Code section 51513, districts may not administer exams, surveys, or questionnaires concerning the student’s or the student’s family’s personal beliefs or practices in sex, family life, morality, or religion without written parent consent.
F3 Law is available to consult with its client school districts in and outside of California to discuss policy updates, continuing obligations under state anti-discrimination and other relevant laws, and how Mahmoud v. Taylor may apply in a variety of circumstances.
