Navigating Opt-Outs and Notifications

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Opt-Out FAQ for School Leaders

Caregivers CAN Opt-Out of:

NON core-curricular activities (similar to Halloween):

  • Festivals and parades 

CORE-curricular instruction on:

  • Comprehensive sexual health education and HIV/AIDS prevention (CA EDUC 51937-51939);
  • Health lessons that conflict with the religious training and beliefs of a parent or guardian of a pupil. (CA EDUC 51240)
  • Curriculum/instruction that imposes a “substantial burden” on parents’ religious beliefs. - Talk to your school’s administration for how. 

Caregivers CANNOT Opt-Out of:

  • Instruction and curriculum about LGBTQ+ individuals who have made contributions to the economic, political, and social development of California and the United States of America,
  • Instruction about treating each other with kindness and respect
  • Instruction or curriculum about the prohibitions against bullying, harassment and discrimination based on gender identity or expression, sexual orientation, race, ethnicity, religion or other protected characteristics. 

  • Parents cannot obtain a blanket “opt out” of all curriculum or instruction that includes persons/fictional characters of diverse identities based on characteristics including but not limited to race, gender or gender expression, sexual orientation, religion, nationality, physical, mental disability or other "objectionable materials".  

NOTE:  The Supreme Court provided that it is a fact intensive analysis to determine whether a particular curriculum or material imposes a substantial burden on a student’s religious development. If a parent asserts that any curriculum above imposes a “substantial burden” on their religious beliefs they must specifically (i) identify the specific book/page(s), (ii) the specific religious belief and (iii) explain the substantial burden in writing for the District to determine whether an opt out is available.

Please notify LGBTQ+ Student Services if you receive such an opt-out request so we can both track the number and type of opt-outs we receive as well as ensure we are upholding both the caregiver's rights and the law. 

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Do we need to notify parents when teaching LGBTQ-inclusive lessons?

Some families and students may have strong opinions regarding schools teaching LGBTQ-inclusive curriculum to students. Families may express that this education conflicts with their personal beliefs while other families may express a strong demand for increased, deeper, year-round focus on this topic. Our role as public school educators is to affirm the needs of all families while also attending to the multiple priorities and mandates set by SFUSD and the California Department of Education (CDE) intended to support all students.

A discussion about gay, lesbian, bisexual, transgender and questioning people does not constitute a discussion about human sexuality or family life education and does NOT require parent notification according to the California Education Code.

The California Education Code (51938) mandates that parents/ caregivers be notified 15 days before classroom instruction about sexuality, human growth, and development, including sexually transmitted disease/HIV infection. Further, parents/caregivers must be given the opportunity to review instructional materials and exclude their child from curriculum sections related to family life and sexuality. Parent Notification materials can be found in the District Student and Parent/Guardian Handbook, distributed each academic year.

Parent notification does NOT need to be sent in the following instances:

  • When providing definitions to students
  • When intervening in name-calling incidents
  • When teaching about LGBTQ family and gender diversity
  • Reading a book with LGBTQ character(s)/plots/subplots.
  • When celebrating diversity or April’s LGBTQ Pride month
  • Speaking about LGBTQ persons in the curriculum outside of sexual health education

Parental notification must be provided in the following instances:

  • When discussing puberty, STI and HIV prevention, sexual health
  • Inviting outside speakers to the classroom

However, we do wish to engage caregivers as partners in their children’s education. We encourage schools to regularly communicate school-wide activities or inclusive education efforts to parents to reinforce student learning and discussion at home, this may include LGBTQ and gender diversity efforts. 

Therefore, school newsletters that include ongoing information about school news, events and activities addressing these efforts and are an appropriate place to encourage caregivers and families to continue LGBTQ and gender-focused discussions at home, share resources and participate in events.

Caregivers with questions or concerns about LGBTQ-inclusive curriculum may:

  • Request to review curricular materials and approved SFUSD books at the school site by asking the classroom teacher or review materials online, when available.
  • Consult with or address questions to the school and/or central office administrator

This page was last updated on December 10, 2025