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Federal Mandate
LGBTQ+ Instructional Materials

​Parents of elementary-school students may now opt their children out of lessons or read-alouds involving books with LGBTQ+ themes or characters if doing so conflicts with their religious beliefs.​

Supreme Court Victory for Parents

On June 27, 2025, the U.S. Supreme Court issued a landmark decision affirming that parents have a constitutional right to shield their children from LGBTQ+ materials in public school classrooms when it conflicts with their sincerely held religious beliefs.

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Illinois Mandate
 Comprehensive Sexual Education (CSE) Instruction (105 ILCS 5/27‑9.1a(d))

  • Parents must be informed of their right to opt out via written request—students may not be penalized or disciplined for opting out.

  • Parents may exempt their child from individual lessons or entire units, and do not need active consent for participation—only a written objection to withhold participation.

  • Districts must post annually on their website which curriculum they use and provide contact info for questions (105 ILCS 5/27‑9.1a)

CSE 

Illinois’ Comprehensive Sexual Health Education, aligns with the National Sex Education Standards, includes discussions on topics such as gender identity, sexual orientation, and consent, which may conflict with certain religious beliefs or moral frameworks.

Parents may prefer to:

  • Align with Faith-Based Values-Teach sensitive topics at home, consistent with their religious doctrine.

  • Maintain Parental Authority-Ensure they are the primary source of guidance on moral and ethical issues related to sexuality.

  • Address Age-Appropriateness-Feel that certain topics, like explicit sexual health or gender discussions, are not suitable for their child’s age or maturity level.

Notes

  • Schools must notify parents.

  • Parents may request to review instructional materials.

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Federal Mandate: The Protection of Pupil Rights Amendment (PPRA)
 20 U.S.C. § 1232h

Federal Mandate--Surveys: Federal law (PPRA - Protection of Pupil Rights Amendment) allows parents to opt out of certain surveys or data collection activities.

Student Surveys & Questionnaires

The Protection of Pupil Rights Amendment (PPRA), 20 U.S.C. § 1232h, empowers parents with legal rights to oversee their children’s education in schools receiving federal funding. It ensures transparency in curriculum and protects students from intrusive surveys or activities without parental consent.

Key Parental Rights

Curriculum Review: Parents can request and inspect all instructional materials, used in their child’s education.

 

Survey Protections: Schools cannot require students to answer questions about sensitive topics like political beliefs, mental health, sexual behavior, illegal activities, family relationships, religious practices, or income without parental consent. Parents can review surveys and related materials created by external entities.

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Illinois Mandate
 Universal Mental Health Screenings
 (105 ILCS 5/2-3.203)

  • Illinois law will require annual, confidential mental health screenings starting grades 3–12, beginning in 2027–28, with guidance expected by September 2026, Senate Bill 1560.

  • Parental opt-out is permitted, though details regarding how accessible or clear that process will be remain to be seen.

  • Parents may want to monitor tool content, data privacy, and screening opt-out procedures.

Mental Health Screenings

Illinois becomes the first U.S. state to mandate such screenings as part of a proactive effort to address a national youth mental health crisis.

Practical Suggestions for Parents

  • Prepare Opt-Out Requests-Submit opt-outs annually per district procedures. Double-check that formal documentation is received.

  • Stay Informed-Monitor ISBE’s updates, especially as guidance is released by September 1, 2026.

  • Understand Screening Content-Request copies of screening tools ahead of time to review for content you find problematic.

  • Clarify Data Policies-Ask how student responses are stored, who can access them, and how hygiene of data and confidentiality are maintained.

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OTHER Illinois‑Permitted Opt‑Out Courses

Illinois state law allows opt‑outs only for specific topics. Parents cannot opt out of general subjects like math or history; opt‑outs apply only to the following content areas as defined in the Illinois School Code (105 ILCS statutes) :

  • Sex education

  • Family life instruction, including topics like sexual abstinence until marriage

  • AIDS / HIV transmission instruction (grades 6+)

  • Recognizing and avoiding sexual abuse (Erin’s Law, grades K–8)

  • CPR / AED training

  • Organ, tissue, blood donation instruction

  • Animal dissection

Districts enforce these rules via annual opt‑out forms. If a student opts out, they are given alternative assignments and not penalized academically 

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