Opting Out:
A Summary of Parental Rights Laws Relating to Opting Children Out of Certain Public School Classes and Activities

July 9, 2025

Dear Parent, Grandparent, or Guardian,

Parents have a fundamental, pre-political right to direct the upbringing, education, and care of their minor children. Contrary to a quickly-revised 2005 ruling by the Ninth Circuit, this right does not simply evaporate at the school house door.

One way parents of public school children exercise this right to direct their child’s education is to opt their child out of certain materials that the parent finds objectionable or contrary to the worldview they wish to instill in their child. But just how readily a parent is able to enforce their decision varies from state to state, and sometimes from school to school.

On June 27, 2025, the Supreme Court handed down its decision in Mahmoud v. Taylor which reinforced this parental right on the basis of religion. This decision will no doubt alter the opt-out provisions and policies of some states and many districts.

At the time of this review, however, that decision had not been published. What follows, then, is a list of laws by state as they are currently on the books, before any state legislature has had the chance to amend them to comport with that Supreme Court decision.

The majority of these laws are not likely to change as a direct result of the Mahmoud ruling, but if you find your local situation to be in question, I encourage you to check with an education attorney in your state.

I hope you find this information helpful as you look to exercise your parental rights to best protect and provide for your children.