Information & Procedures

California School OPT-OUT Rights:

Exercise Your Parental Authority

California parents have the legal right to opt their children out of school instruction, programs, and activities that conflict with their religious beliefs and family values. Following the landmark June 2025 U.S. Supreme Court decision in Mahmoud v. Taylor, these parental rights have been significantly expanded and clarified.

The OPT-OUT California Notice, developed by a California public interest law firm, empowers parents to reclaim their rights and exert control over their child’s educational experience. By utilizing this notice, you can clearly inform your child’s school and district that you wish to OPT-OUT of certain programs or instruction that do not align with your family’s values and beliefs.

The OPT-OUT Notice acts as a definitive directive, ensuring that the school district respects your instructions regarding their role in your child’s upbringing and education under California Education Code sections 51240, 51938, and 51513.

Last Updated: January 2026

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 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.​

the opt-out notice

the opt-out
registration notice

Take Action Today!

Thousands of California parents have already exercised their legal rights to protect their children from instruction that conflicts with their family values. Don’t wait—make sure your voice is heard and your family’s principles are respected.

The process takes less than 2 minutes and provides immediate peace of mind.

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 Sexuality 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 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

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.

the opt-out notice

the opt-out
registration notice

Are You Ready To Start The Process?

OPT-OUT California provides an OPT-OUT Notice for parents of public school students in all 58 counties in California. The process is straight-forward and consists of three simple steps: Parent / Guardian Information, Child and School Information, Review & Select OPT-OUTs and your Signature.

​After filling out the form, you can see a preview of your OPT-OUT letter with all your information included. The process spans four pages, so be sure to review everything carefully. If you agree with the information presented, just tick the checkbox next to the relevant paragraph. Once you’ve completed the letter, electronically sign, and click the Submit button.

You will receive a completed copy for your records, and both the District and School will be notified, along with OPT-OUT California for archiving purposes. Take control of your child’s education today!

FOLLOW THESE STEPS

How To Opt-Out Your Child

Every blank must be filled out to have a legally binding Notice. We cannot complete and electronically deliver your OPT-OUT Notice unless each blank is fully filled out. This includes drawing your signature on a smartphone or with your mouse on a computer.

The OPT-OUT Notice is not intended to be a “one size fits all” form. You as a parent have the right to choose the options that are applicable to you and your family. 

On the second page of the OPT-OUT Notice Information Form, just below Child Information, you’ll find the School Information section. As you move through each dropdown menu, the options will become more specific. Once you select your child’s school, detailed information about the school and district will automatically appear below.

The Review & Select OPT-OUTs section is where you choose what your child will be opted out of. This section is divided into three parts:
1. Assessments & Surveys
2. Religious Beliefs
3. Additional Religious Beliefs & Objectionable Materials

Each section includes multiple options. Read each statement carefully and check the box to the left of any option with which you agree. 

An OPT-OUT Notice will be generated and sent by email to the principal of your child’s school as well as the superintendent of your child’s school district.

You will receive an email copy and a copy of the completed OPT-OUT Notice will be archived by OPT-OUT California.

If you have questions regarding the OPT-OUT Notice or receive pushback from your child’s school or school district, contact the OPT-OUT California Hotline at (669) 307-1953.

the opt-out notice

the opt-out
registration notice

Take Action Today!

Thousands of California parents have already exercised their legal rights to protect their children from instruction that conflicts with their family values. Don’t wait—make sure your voice is heard and your family’s principles are respected.

The process takes less than 2 minutes and provides immediate peace of mind.

Additional Support & Resources

OPT-OUT California Hotline: (669) 307-1953

Our dedicated support team is available to help California parents:

  • Become familiar with their legal rights under California Education Code
  • Navigate resistance from school administrators
  • Clarify OPT-OUT procedures and requirements
  • Address concerns about school retaliation
  • Provide guidance on specific curriculum questions

Don’t hesitate to reach out if you face any challenges exercising your parental rights.

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California’s educational landscape continues to evolve. Get the latest updates delivered to your inbox:

  • Adversarial interactions between parents and school boards 
  • News about legislative changes affecting parental rights
  • Updates on court decisions impacting OPT-OUT rights
  • Information about new curriculum being introduced in California schools
  • Tips for effective parent advocacy
  • Success stories from parents across California

Subscribe to our Newsletter

By subscribing, you agree to receive updates from OPT-OUT California. We respect your privacy and will never share your information. You can unsubscribe at any time.

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.

a NON-PROFIT ORGANIZATION

the opt-out
registration notice

About OPT-OUT California

OPT-OUT California is sponsored by Informed Parents of California (IP-CA), a non-profit organization formed by concerned parents, grandparents, community, and church leaders. Our OPT-OUT Notice was prepared by a California public interest law firm to ensure full legal compliance. We’re dedicated to protecting parental rights, ensuring transparency between schools and families, and advocating for educational excellence in all 58 California counties.

© Copyright 2026 OPT-OUT California  |  All Rights Reserved.

© Copyright 2026 OPT-OUT California
All Rights Reserved.

Legal Disclaimer: The information provided on this page is for educational purposes and does not constitute legal advice. While OPT-OUT California provides legally sound opt-out notices based on California Education Code and Supreme Court precedent, individual circumstances may vary. For specific legal questions, consult with a qualified attorney.