Protecting Parental Rights: Important Legal Update

We want to keep you informed about a significant legal development that directly impacts parental rights in education. A coalition of parental rights organizations, including groups focused on protecting children and advocating for parental involvement, has filed an amicus curiae brief with the U.S. Supreme Court in Mahmoud v. Taylor.

This case addresses a crucial question: Do parents have the constitutional right to opt their children out of school instruction that conflicts with their religious beliefs?

The brief argues that the Fourth Circuit Court of Appeals erred by denying parents the ability to exempt their children from specific instructional materials. It highlights the long-standing tradition of opt-out provisions in state education laws across the U.S.

This case is particularly relevant to our community, as it underscores the importance of parental rights in education and the ability to make informed decisions about your child's learning.

We believe that parents have the fundamental right to decide what is appropriate for their children in accordance with their faith and values.

If you'd like to learn more, you can read the full amicus brief below.

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March 12, 2025

Parent and Advocacy Groups File Supreme Court Amicus Brief Supporting Opt-Out Rights in Public Schools.

Washington, D.C. – A coalition of parental rights organizations has filed an amicus curiae brief with the U.S. Supreme Court in Mahmoud v. Taylor, a pivotal case addressing parents’ rights to opt their children out of school instruction that conflicts with their religious beliefs. The brief, submitted by Protect Our Kids (California), Colorado Parents Advocacy Network, Protect Ohio Children Coalition, Nebraskans for Founders’ Values, and Texas Education 911, argues that the Fourth Circuit Court of Appeals erred in denying parents the ability to exempt their children from exposure to specific instructional materials.

At the heart of the case is whether parents have the constitutional right to shield their children from curriculum content they find objectionable, particularly when it involves deeply held religious convictions. The petitioners, a group of parents from Montgomery County, Maryland, seek to enforce their previously recognized opt-out rights, which were rescinded by the school district.

“This case is not about banning books or dictating school curriculum,” said Thomas L. Brejcha, counsel of record for the amici curiae. “It’s about parents having the fundamental right to decide what is appropriate for their own children in accordance with their faith and values. Schools across the country already accommodate opt-out requests in similar situations, and Montgomery County should be no exception.”

The amicus brief highlights the long-standing tradition of opt-out provisions in state education laws across the U.S., emphasizing that nearly every state recognizes some form of parental exemption in sensitive instructional areas. It also warns against the judicial entanglement in curricular disputes, noting that opt-out policies offer a practical and constitutional solution for balancing educational mandates with parental rights.

“Parents in Maryland—and across the nation—deserve a voice in their children’s education,” said a spokesperson for Protect Our Kids. “This case is a crucial test of whether the government can override the deeply held religious convictions of families in the name of curriculum uniformity.”

The Supreme Court’s decision in Mahmoud v. Taylor is expected to have far-reaching implications for parental rights in education and the ability of school boards to unilaterally rescind long-standing opt-out protections.

About the Amici Curiae Organizations:

• Protect Our Kids (California): A coalition of parents, attorneys, and community leaders dedicated to protecting children from ideological influences in public education.

• Colorado Parents Advocacy Network (CPAN): A statewide network focused on securing parental rights in education.

• Protect Ohio Children Coalition (POCC): A grassroots organization monitoring school curricula and advocating for parental rights.

• Nebraskans for Founders’ Values (NFFV): A nonprofit organization promoting Judeo-Christian principles in education policy.

• Texas Education 911 (TexEd 911): A parental advocacy group working to expose and address issues in Texas public schools.