School of Education faculty member Suzanne Eckes is among a group of national legal scholars cited in a new Brookings Institution article analyzing the implications of the U.S. Supreme Court’s 2025 term for public K–12 education.
Eckes is the Susan S. Engeleiter Professor of Education Law, Policy, and Practice in the Department of Educational Leadership and Policy Analysis.
In the July 15 Brookings commentary, Eckes explores the growing complexities surrounding parental opt-outs following the Court’s decision in Mahmoud v. Taylor. The 6–3 ruling found that public schools must allow parents to opt their children out of lessons that conflict with their religious beliefs, a significant shift from previous court precedents.
“This decision focuses on opt-outs and not LGBTQ+ inclusive curriculum in general,” Eckes writes. “Schools can continue to include inclusive curriculum while allowing parents the choice to opt out based on religious belief.” Still, she notes, “allowing families to opt out for religious-related beliefs will increase administrative burden for schools while teachers cater to various parents’ religious beliefs.”
Eckes situates the ruling within a broader legal context, recalling that courts have historically rejected such opt-out demands. She cites past cases in which parents sought to remove their children from lessons about Black History Month, evolution, or books depicting interracial marriage. Courts had reasoned that classroom exposure to diverse content did not interfere with parents’ rights to raise their children according to their beliefs.
However, the Supreme Court’s ruling in Mahmoud marked a departure, requiring schools to now provide opt-out options and prior notification for content — including books, films, and discussions — that may conflict with religious values. “Indeed, parents may demand opt outs for their children when the Bible is discussed or when a teacher includes a book about World War II during a social studies lesson,” Eckes explains.
Eckes’ expertise in education law and her extensive scholarship on constitutional issues in public schools made her a key voice in the Brookings piece, which also features contributions from fellow scholars Robert Kim, Derek Black, Preston Green III, and Rachel M. Perera.
Read the full Brookings article.