Many districts have seen an increase in parental complaints about the curriculum and programs in Ohio’s public schools. This is a result of the national debate about critical race theory and a belief that it is being taught in public schools. Some parents have submitted opt-out forms to schools that state they do not consent to their child’s participation in any instruction or discussion of racially divisive topics or social-emotional learning programs. Must Ohio schools honor these opt-outs?
Although the State of Ohio has a large say over the academic standards in grades kindergarten through twelve, R.C. 3313.60 requires each board of education to adopt a curriculum for all schools under its control. Provided that boards of education satisfy state academic standards and requirements, courts have granted boards of education broad authority to determine the curriculum taught in school and the instructional methods and materials that are utilized.
Generally, parents do not get to pick and choose the required courses or curriculum their children must take or satisfy in Ohio public schools. Such an option would likely be unworkable for districts. Thus, parents generally cannot opt their children out of required courses or curriculum.
Ohio law does provide parents with the ability to opt their children out of some items in the curriculum, including surveys, personal safety and assault prevention in grades kindergarten through six, suicide awareness and prevention and safety training and violence prevention in grades six through twelve, instruction in social inclusion, venereal disease education, and cardiopulmonary resuscitation.
Additionally, R.C. 3313.60(G) grants parents the right to promptly examine, with respect to their own child, any survey administered to their child; any textbook, workbook, software, video, or other instructional material used by the district in connection with the instruction of their child; any completed and graded test taken or survey filled out by their child; and copies of statewide academic standards and each model curriculum that is developed by the state board of education.
As for textbooks and library books, Ohio law and the courts generally leave it to the discretion of each board of education to select them. However, as for their removal, First Amendment considerations are necessary before books are removed because courts generally hold that they cannot be removed on the grounds that they are found to be offensive to a board of education or the board of education dislikes their ideas. It is permissible to remove books for a variety of other reasons, including because of their poor condition and a lack of shelf space.
What this Means for Your District
In general, opt-out forms need not be honored unless a parent is opting out of one of the items in the curriculum that the law gives them the authority to opt-out of. As complaints about the curriculum, textbooks, and library books are made, districts are advised to consult and follow board policies that give parents the right to complain about the curriculum or instructional materials. In addition, districts should consult with legal counsel over First Amendment concerns before removing books as a result of complaints or a general dislike for their ideas.