PRF to DOE: Weigh in on Mahmoud Already

Last year’s Supreme Court decision in Mahmoud v. Taylor won’t do families any good if schools continue to ignore it for want of official guidance from the federal government. That’s essentially the message we sent in a letter to the U.S. Department of Education last week.

In June of 2025, the Supreme Court issued a favorable ruling in Mahmoud v. Taylor, a case over whether parents have a right to opt their children out of materials in the public schools that the parents find objectionable for religious reasons. The litigants, including Jewish, Muslim, and Catholic families, argued that the Baltimore County School System violated their right to direct the upbringing and education of their children by undermining the parents’ religious instruction to their children. The Court sided with the parents.

But a full year later, reports are coming in from around the country of school systems continuing the practice, pushing content on even their youngest students without concern or respect for parents’ objections.

In a few places, like California, the pressure to ignore family autonomy and ride roughshod over parents’ rights comes from the state. But in most instances, these decisions are being made at the local level. And I am gratified to see parents battling at the local level to bring their own local school boards into line with constitutional parental rights.

But the federal government has a key role to play in situations like this, too.

A lot of education dollars come through the federal government, and those funds come with strings attached; only those states who play by the federal rules get the federal dollars.

(The Parental Rights Foundation does not hold a position on whether this should be how the system works; we merely observe that this is how the system works.)

And that means that states and localities alike need to be mindful of any official guidance that comes down from the Department of Education. Ignoring such guidance can result in a loss of federal funding.

This is why the absence so far of federal guidance on the application of Mahmoud is so disappointing, especially from an Administration seeking to be favorable to families and to parental rights.

What’s more, federal dollars should not be used to support education sources that are actively and intentionally violating fundamental, constitutionally protected rights, such as the rights of parents recognized in the Mahmoud case.

“In some places, the response to the Mahmoud decision has been disappointing, at best,” says Parental Rights Foundation board chairman and constitutional law professor emeritus William Wagner. “Clear guidance from the federal government can help put these school districts back on the proper legal footing, one that respects the fundamental right of parents to direct the upbringing and education of their children.”

In short, as schools and administrators seek clarity regarding parental rights and constitutional protections, we urged the Department of Education to issue guidance that those educational professionals can rely on to properly apply the principles set forth in Mahmoud. Parental rights are fundamental, Supreme Court recognized rights that deserve protection and respect.

If such guidance is issued, as we hope it will be, we will let you know and celebrate the win together.

Thank you for standing with us to protect children by empowering parents.