Press Release: 2024-09-06
DESE is Trying to Water Down the Sex Ed Opt Out Law. Massachusetts Liberty Legal Center is Pushing Back
One year ago this month, the MA Board of Elementary and Secondary Education (BESE) voted to accept the Department’s new Comprehensive Health and Physical Education Framework. We sounded the alarm for months about this Framework which employs a Comprehensive Sexuality Education model. The Framework introduces aspects of gender and sexuality to students as young as Pre-K, requires direct instruction on gender identity by the end of fifth grade, normalizes sexual activity for middle school students, encourages high school students to become activists on behalf of the LGBTQ community, and more. Thousands of concerned MA parents spoke up during the public comment period in summer 2023 and asked BESE to reject the proposed age-inappropriate Framework, but BESE voted to adopt it anyway. You can read more about the history of the Framework here.
We knew that for the MA Department of Elementary and Secondary Education (DESE), sanctioning the Framework was only the start. Once approved, DESE’s goal was to have the troubling Framework adopted in as many MA schools as possible. To achieve this, they would need to train school districts to implement their woke priorities. After discovering that DESE offered professional development to public school staff, specifically related to the Framework in spring 2024, we submitted a public records request (PRR) for the training materials. We wanted to know what directives were being given to taxpayer-funded employees who would be responsible for implementing the controversial Framework with students, starting as young as Pre-K.
Through our PRR, we learned that DESE’s training sessions were attended by over 300 MA teachers, curriculum coordinators, and administrators. And while much of what was covered with school district staff was content we were familiar with since the Framework is publicly available online, we made one major discovery that parents need to know about. This discovery was found in the slideshow presented to attendees: Taking a Deeper Dive into the Comprehensive Health and Physical Education Framework.
Since 1997 the Massachusetts sex education opt out law has granted parents the right to opt their children out of “curriculum which primarily involves human sexual education or human sexuality issues.” This law has not changed, a fact acknowledged by the presenters themselves.
Yet, in the very next slide, staff were instructed that issues related to gender and sexual orientation, body systems, puberty, and menstruation (all topics related to sexual maturation) fall into the what doesn’t count for the opt-out category.
(Red box inserted by us)
These exclusions don’t make sense in light of the MA sex ed opt out law, or historical protocol followed by school districts.
At MFI, we review the sex ed curricula used in MA public schools on a regular basis as part of our Sex Ed Map project. Curricula secured via PRRs submitted to MA public school districts almost always include lessons on puberty education and these lessons consistently present gender identity and sexual orientation. In addition, those lessons are often accompanied by a letter that schools send to parents in advance to let them know that puberty education is optional and that they have the right to opt their child out!
It seems school districts have long understood LGBT-related topics fall under the umbrella of sex education, an understanding that aligns with a plain reading of the law. So why did DESE’s presenters tell attendees of their Framework implementation trainings that these topics do not “count for opt out,” while simultaneously and correctly pointing out that the law has not changed?
The law has not changed. The only thing that has changed is the introduction of the revised Framework, which schools are not legally required to implement. Based on what we discovered, it seems DESE is trying to reinterpret the law to fit their Framework, rather than endorsing a Framework that follows the law. Even the legal advisory opinion still posted on the DESE website lists “puberty” and “homosexuality” as topics covered under the opt out law, yet DESE leadership presented contradictory information during their trainings. Where a clear understanding previously existed, confusion now reigns for school district staff and parents.
District administrators rely on DESE to provide accurate information, but now some of them are under the impression that parents can no longer opt their fourth graders out of inappropriate puberty education lessons about “people with periods” and “nocturnal emissions.” With the school year just starting, we don’t yet know which districts will choose to follow the bad advice contained in the DESE training. Concerned about the impact this illegal overreach could have on MA families, the Massachusetts Liberty Legal Center (MLLC) has created an advisory letter that parents can forward to their district to make sure their rights are protected.
MLLC’s “Advisory on the Massachusetts Sex Ed Opt Out Law” letter informs districts that parents do indeed have the right to opt out of puberty instruction as well as instruction on sexual orientation and gender identity issues. This letter can be downloaded for free, here.
We encourage all MA parents to forward MLLC’s letter to their child’s principal, along with a Sex Ed Opt Out letter (and if you’ve already sent that letter, it’s fine to send MLLC’s separately). Forwarding this advisory letter is a proactive step that every parent can take to protect their child. It also helps local school districts by providing clarity where DESE has sown confusion. If after receiving this letter your child’s principal still does not affirm your right to opt your child out sex ed, including puberty lessons, contact MLLC at contact@malibertylegal.org. An attorney would be happy to consult with you, free of charge.
We will continue to monitor the state of sex ed in MA schools and will keep an eye on DESE as they roll out this controversial and inappropriate Framework. To stay up to date with the latest information, make sure to: