New guidance helps California schools uphold inclusive education in light of recent Supreme Court decision
Court's ruling in Mahmoud v. Taylor threatens access to honest, representative materials
A group of four civil rights organizations, including the National Center for Youth Law (NCYL), released new guidance today aimed at helping California public school leaders continue providing welcoming, inclusive education for all students following the Supreme Court’s recent decision in Mahmoud v. Taylor.
While the Mahmoud ruling requires public schools nationwide to accommodate certain religious opt-out requests for instruction, California’s strong state laws — including the FAIR Education Act, California Healthy Youth Act, and state anti-discrimination protections — remain fully in force. These laws guarantee that all students, including LGBTQ+ youth, continue to have access to an education that reflects and respects the diversity of our society.
“This decision has created new uncertainties for school leaders across the country,” said David Hinojosa, Co-director of Litigation at NCYL. “But in California, the law is clear: schools must continue to ensure that classrooms are inclusive, accurate, and affirming for every student. This guidance offers practical steps for school districts to comply with the ruling while upholding those commitments.”
The Supreme Court’s June 2025 Mahmoud decision required a Maryland school district to provide parents advance notice and an option to excuse their children from certain inclusive storybook lessons based on actual religious objections. Although the case specifically involved books featuring LGBTQ+ characters, the Court’s reasoning applies broadly to other instruction parents allege substantially interferes with the religious development of their children.
The new guidance — developed by NCYL, the ACLU of Southern California, Equality California, and Public Counsel — outlines how California school leaders can:
- Maintain compliance with state-inclusive education laws.
- Implement content-neutral, non-stigmatizing religious opt-out procedures.
- Avoid segregating LGBTQ+-inclusive content, preserving its integration across subjects.
- Continue protecting student rights to self-expression and equal access to school resources.
The guidance emphasizes that the decision does not permit censorship of library or classroom materials, nor does it diminish students’ long-standing rights to talk about LGBTQ+ issues, form LGBTQ+-themed student clubs, or express their identities respectfully at school. It also includes several resources for students and families to learn more.
“An inclusive education benefits every student. It fosters empathy, builds community, and prepares young people to thrive in a diverse world,” NCYL Attorney Kamala Buchanan-Williams said. “California schools have both the legal obligation and the moral responsibility to ensure no student is erased from their own curriculum.”
The full guidance is available here.
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The National Center for Youth Law centers youth through research, community collaboration, impact litigation, and policy advocacy that fundamentally transforms our nation's approach to education, health, immigration, foster care, and youth justice. Our vision is a world in which every child thrives and has a full and fair opportunity to achieve the future they envision for themselves.
