PARENTS MUST TAKE ACTION TO OPT OUT
It’s back to school time and there are a few things about the Montgomery County Public Schools (MCPS) opt-out program that parents should know.
A controversy over the County opt-out program arose when MCPS began using LGBTQ+ storybooks as part of its English and Language Arts curriculum for elementary school children in the 2022–2023 school year. MCPS initially allowed parents to opt their children out of this instruction, but then abruptly reversed course after receiving a growing number of requests from parents to opt out their children. Parents also objected to MCPS teachers reinforcing certain viewpoints and reprimanding children who disagreed with the storybooks as these actions undermined parents’ efforts to direct the religious upbringing of their children.
Montgomery County School Board members and County Council member Kirstin Mink spoke out against parents and their right to guide their children’s education according to their religious beliefs. Hundreds of parents of many faiths, colors and creeds organized and held protest rallies outside of the MCPS headquarters. This led to a group of parents – Orthodox, Roman Catholic and Muslim -- suing MCPS.
Opt-out rally in June 2023
On June 27, 2025, the court declared that parents were entitled to be notified of the use of LGBTQ books and given the right to opt their children out of instruction that substantially interferes with the religious development of their child.
This victory for Montgomery County parents is a victory for all parents nationwide. The rights of parents were supported in court by Attorney Generals of 26 states and organizations such as the Christian Legal Society, the Jewish Coalition for Religious Liberty, the Islam and Religious Freedom Action Team.
In its decision, the Supreme Court noted that children, especially at young ages, are impressionable and many see their teachers as role models whom they trust. Children are likely to accept without question any moral messages conveyed by the books and their teacher’s instruction. To allow teachers to teach principles about sexuality or gender that conflict with parents’ religious beliefs would significantly interfere with parents’ ability to shape their child’s religious faith and religious outlook on life. The court has made it clear that government—including public school systems—cannot mandate religious instruction that poses a very real threat of undermining the religious beliefs and practices parents seek to instill in their children.
Fast forward to the start of the 2026 school year. MCPS does not make it easy for parents to opt-out their children from teachings that undermine their religious beliefs. Parents are not allowed to just write a note to the school saying that they are opposed to teaching and messages about same-sex marriage, transgenderism, or teachings that encourage kids to question their sexuality and gender. To demonstrate compliance with the Supreme Court decision, MCPS plans to send parents updates with nine weeks of planned classroom lessons. The burden will then be on the parents to complete MCPS form 281-26 to opt their children out of specific lessons. After a parent submits the opt-out form, school administrators will review the request. If the request is approved, the student will be provided with an alternative lesson. There is no time limit for how long MCPS will take to review the form. The opt-out form is located here: https://ww2.montgomeryschoolsmd.org/departments/forms/detail.aspx?formID=3734&formNumber=281-26&catID=2&subCatId=2 .
Conversations with a current MCPS teacher confirmed our fears as we were told, “We are pretty much ignoring the Supreme Court decision. We send regular newsletters to parents letting them know what material we will be teaching. If parents want to opt their children out, they need to look up how to do it on the MCPS website. Basically, there, they are directed to fill out a form and submit it to the central MCPS office. Parents have to be pretty diligent to go to this trouble.”
It was also noted that regardless of the Supreme Court decision, the offensive books could be left in the classroom for 1st grade children to peruse on their own, even if they weren’t being actively taught. Why is that necessary? Does MCPS not recognize the spirit of the Supreme Court decision?
The freedom to exercise one’s religion, including a parent’s freedom to direct the religious upbringing of their child, is a fundamental right protected under the First Amendment.
I urge parents to be diligent, follow groups like United Against Racism in Education (https://www.uare.us/) and to request legal advice on issues related to religious freedoms and parental rights. There are groups that can help, at no charge, like Pacific Justice Institute (PJI) (www.pji.org, 949.570.9985) or America First Legal (www.AFLegal.org).
Reardon "Sully" Sullivan
2025 MCGOP Chair
Yep, WE LISTEN - what do you think? Write me at [email protected]