1. What changes will be made by GUHSD in response to Mahmoud?
GUHSD is implementing a process to consider parents' and guardians' requests to opt students out of specific instruction. Please review this FAQ for more information. If you have additional questions, please contact your school’s site administration.
2. Can parents review the District curriculum and request that their children be excused from certain instruction?
- The Process: If, after reviewing the materials, a parent/guardian identifies specific materials or lessons that may interfere with their ability to direct the upbringing of their child in accordance with sincerely held religious beliefs, they may complete the District’s Parent/Guardian Request for Student Opt-Out of Specific Instructional Content form, which is available at school sites.
- The Form: This form allows the parent to identify materials and explain why the materials might undermine the religious beliefs and practices they wish to instill.
- Evaluation: Specific requests will then be evaluated by site administrators in accordance with the Supreme Court's standards set forth in Mahmoud, and all opt-outs deemed appropriate under those standards will be honored.
3. Do parents have a right to exempt their children from comprehensive sexual health education and HIV/AIDS prevention instruction?
- Outcome: After a parent provides notice to the school administration of their desire to excuse their children from this instruction, the school administration will ensure that the student(s) do not participate in any class, instruction, or activity related to comprehensive sexual education and HIV/AIDS prevention.
- Requirement: Parents must state their request in writing to the school.
- Reference: Parents’ Rights Handbook - Pg 11
4. Do parents have the right to exempt their children from participating in any anonymous, voluntary, and confidential test, questionnaire, or survey on pupil health behaviors and risks?
Yes.
Education Code section 51938(c) allows parents to excuse their child from any anonymous, voluntary, and confidential test, questionnaire, or survey on pupil health behaviors and risks.
5. Do parents have the right to exempt their children from the administration of any test, questionnaire, survey, examination, or evaluation containing any questions or items relative to their children, or their personal beliefs or practices in sex, family life, morality, or religion?
Yes. Under
Education Code section 51513, GUHSD will notify parents or guardians of the need for their written permission before any test, questionnaire, survey, or examination containing any questions about their child's personal beliefs or practices (or the pupil's family's beliefs or practices) in sex, family life, morality, and religion, may be administered to any pupil in grades 9-12, inclusive.
- Notification / Permission: Notification will include specific or approximate dates for when any survey containing sensitive, personal information will be administered, and will provide parents or guardians with a process for granting written permission.
- Inspection: Upon request, parents or guardians will be given the opportunity to inspect any third-party survey.
- Reference: Parents' Rights Handbook - Pgs 40 and 41
6. Do parents have the right to exempt their children from the administration of any test, examination, or assessment as part of a statewide pupil assessment program relative to their child, or the parent's personal beliefs or practices in sex, family life, morality, or religion, or any question designed to evaluate personal behavioral characteristics, including, but not limited to, honesty, integrity, sociability, or self-esteem?
Education Code section 60614 prohibits any statewide survey on these subjects, and therefore, there is no need to provide an opt-out to the District.
- Note: The District does not administer any such statewide tests, examinations, or assessments.
7. Do parents have the right to exempt their children from any survey, analysis, or evaluation that reveals sensitive personal information?
Yes. This applies to surveys revealing: (1) political affiliations or beliefs of the student or parent, (2) mental or psychological problems of the student or their family, (3) sexual behavior or attitudes, (4) illegal, anti-social, self-incriminating, or demeaning behavior, (5) critical appraisals of other individuals with whom the respondents have close family relationships (6) legally recognized privileged or analogous relationships such as lawyers, physicians, and ministers, (7) religious practices/beliefs of the student or parent, or (8) income (other than that required by law to determine eligibility or participation in a program or for receiving financial assistance under such program).
- Federal Law: According to federal law (20 U.S.C. § 1232h), Notification of rights under the Protection of Pupil Rights Amendment (PPRA), GUHSD has adopted policies, in consultation with parents, regarding these rights, as well as arrangements to protect student privacy in the administration of protected surveys and the collection, disclosure, or use of personal information for marketing, sales, or other distribution purposes.
- Annual Notification: GUHSD will directly notify parents of these policies at least annually at the start of each school year and after any substantive changes.
- Specific Notification: GUHSD will also directly notify (e.g., U.S. Mail or email) parents of students scheduled to participate in specific activities or surveys and provide an opportunity to opt their child out of participating in the specific activity or survey.
- This notification occurs at the beginning of the school year if dates are known.
- For surveys scheduled later, parents will be provided reasonable notification and an opportunity to opt out.
- Review: Parents will also be provided an opportunity to review any pertinent surveys.
- Reference: Parents’ Rights Handbook - Pg 57, 58
8. Do parents have the right to exempt their children from instruction that includes "objectionable materials"?
In Mahmoud, the Supreme Court held that parents should have the right to opt their children out of instruction when that instruction “poses ‘a very real threat of undermining’ the religious beliefs and practices that the parents wish to instill,” described elsewhere as parents’ right “to direct the religious upbringing of their children”.
- The Standard: Importantly, Mahmoud did not provide an absolute right of parents to opt their children out of instruction based on religious beliefs. Rather, the Supreme Court stated that the question is “fact-intensive” and depends on factors such as:
- The specific religious beliefs and practices asserted.
- The specific nature of the educational requirement or curriculum feature at issue.
- The age of the child given the instruction.
- The context of the instruction.
- Whether the material is presented in a neutral manner or a manner hostile to religious viewpoints.
- District Process: Under California law, Education Code sections 49091.10(a) and 51101, a parent or guardian has the right to inspect curriculum materials of the classes in which their child is enrolled. The District invites parents to make such a request for any class for which they might have a concern.
- Requesting an Opt-Out: If, after reviewing the materials, a parent believes specific materials or lessons may interfere with their ability to direct the upbringing of their child in accordance with their sincerely held religious beliefs, they may complete the District’s Parent/Guardian Request for Student Opt-Out of Specific Instructional Content form, which is available at school sites.
- This form allows parents to identify the materials and explain why they might undermine the religious beliefs and practices they wish to instill.
- Specific requests will then be evaluated by site administration in accordance with the Supreme Court's standards set forth in Mahmoud, and all opt-outs deemed appropriate under those standards will be honored.
- Reference: Parents’ Rights Handbook - Pg 60, 61
9. CALIFORNIA HEALTHY KIDS SURVEY INFORMATION
Your student is being asked to participate in our district's Healthy Kids Survey, sponsored by the California Department of Education and developed by WestEd, a public, non-profit educational institution. This is a very important survey that will help promote better health among our youth and combat problems such as drug abuse and violence.
- Survey Content: The survey gathers information on behaviors such as physical activity and nutritional habits, alcohol, tobacco, and other drug use; school safety; and environmental and individual strengths and weaknesses. It also includes questions regarding considering, planning, or attempting to commit suicide.
- Voluntary: Your child does not have to take the survey. Students who participate only have to answer the questions they want to answer, and they may stop taking it at any time.
- Anonymous: No names will be recorded or attached to the survey forms or data. The results will be made available for analysis only, under strict confidentiality controls.
- Administration: The survey is typically administered in the spring semester and takes about 1 class period (about 50 minutes).
- Potential Risks: There are no known risks of physical harm to your child. The risks of psychological or social harm are very small; none have been reported over 10 years of survey administration. In rare instances, some discomfort might be experienced from the questions. The school's counseling services will be available to answer any personal questions that may arise.
- Reviewing the Survey: You may examine the questionnaire in the school office or at the district's website:http://www.guhsd.net. If you have any questions about this survey, please contact your child’s school
- How to Opt-Out: If you do not want your student to complete the survey, you must contact your student's school site administration.
- Reference: Parents’ Rights Handbook - Pg 54, 55
10. Do parents have the right to prohibit their children from being referred to or provided access to any third-party mental health counselor or social worker?