In a landmark 6–3 decision issued on June 27, 2025, the U.S. Supreme Court ruled in Mahmoud v. Taylor that parents have the constitutional right to excuse their elementary-aged children from reading or discussing LGBTQ+-themed storybooks that conflict with their religious beliefs. The Court granted a preliminary injunction against the Montgomery County (Maryland) Board of Education, finding that its refusal to allow parental opt-outs violated the Free Exercise Clause of the First Amendment.

What This Means for School Boards:

This decision is a major victory for parental rights and religious liberty. The Court reaffirmed that public schools cannot impose instruction that "substantially interferes" with a child's religious upbringing—especially without notice or opt-out options for families. Citing Wisconsin v. Yoder and West Virginia v. Barnette, the justices made it clear that government-mandated instruction that contradicts sincerely held religious beliefs—especially regarding sexuality and gender—can create an “objective danger” to the free exercise of religion.

Key Takeaways for Virginia School Boards:

• Boards must provide advance notice to parents when books or lessons involve sensitive ideological or moral content, particularly about sexuality or gender.

• Parents have a constitutional right to opt their children out of instruction that burdens their religious exercise.

• Denying opt-outs and forcing participation may violate the First Amendment, even if the curriculum is otherwise lawful.

• If your division allows opt-outs for other non-core topics (like health education), you cannot selectively deny them for religious reasons without triggering strict scrutiny.

Policy Tip: Review your instructional materials and opt-out procedures to ensure your division’s policy allows religious accommodations and that parents are notified ahead of controversial instruction. The Mahmoud ruling is a clear signal: Boards that ignore parental rights do so at legal risk.

© School Board Member Alliance (SBMA), 2025. For informational purposes only. Not legal advice. Consult your school board attorney for guidance.

Over the past few months, SBMA has had the incredible opportunity to attend national-level events and connect with organizations working to restore civic literacy and patriotic education across the country. We’re excited to share some of the most inspiring free resources we’ve discovered—resources every school board, teacher, and family can use to teach the true story of America.

An American Tradition: The Independence Day Ceremony (book pdf)

From PragerU
More than just fireworks and cookouts, this interactive July 4th ceremony book is inspired by the Passover Seder and is designed to bring the founding of America to life. It includes:

• A ready-to-use script

• Key Revolutionary War milestones

• Founding Father profiles

• A family-friendly educational quiz

PragerU has also released a powerful video series where the Founding Fathers come to life through first-person storytelling.

Remembering the Truth: The Victims of Communism Foundation (VOC)

With communism on the rise in classroom conversations, VOC’s resources are more important than ever. They offer:

• A high school curriculum on the history and horrors of communism

• In-person and online teacher training

• Survivor testimonies from the Witness Project

• Fact sheets on historic events and countries under totalitarian regimes

• A curated online bookstore with history texts, memoirs, and classroom resources

• Webinars, video series, and lectures highlighting real-world stories of resistance and survival

These materials are deeply aligned with SBMA’s mission to promote civic education that is honest, rigorous, and rooted in the values of liberty and truth.

Want More Resources Like These?

Join us as a Community Member or “Friend of SBMA” for just $25 a year.
You’ll gain access to curated materials, early event announcements, and policy updates that help you stay informed and engaged.

In A.J.T. v. Osseo Area Schools, the U.S. Supreme Court unanimously ruled that K-12 students with disabilities do not need to prove a school acted on purpose to discriminate against them. Instead, schools can now be held responsible if they knew a student needed help and didn’t act, a standard called deliberate indifference.

What This Means for Virginia School Boards

This decision has major implications for school board policy and legal responsibility in Virginia. From now on, it’s not enough for a school to say it didn’t mean to discriminate, if a district ignores or delays needed accommodations, it could still be violating federal law.

Key Takeaways:

Same Legal Standard for All
Students with disabilities must be treated like all other people protected under the ADA. Virginia school divisions must ensure they respond to accommodation requests with care and not just good intentions.

Update Policies and Practices
Boards should carefully review how their schools handle ADA and Section 504 requests, especially unique needs like flexible school hours or special transportation. Staff convenience or scheduling should never outweigh a student’s right to learn.

Don’t Rely on Weak Excuses
In the case, the school district was criticized for putting employee schedules above the student’s health needs. Virginia school boards must ensure all decisions are backed by real educational or legal reasons, not just what’s easiest for staff.

Higher Risk of Lawsuits
Because this decision lowers the burden of proof for families, more parents may now be able to sue if schools don’t follow the law. Boards should review how well their schools are complying, especially in areas like scheduling and classroom access.

Stay Informed on Federal Changes
This ruling comes as some states try to scale back disability protections. But unless federal courts change the law, Virginia school boards should continue to follow current ADA and Section 504 rules.

Bottom Line:

Virginia school divisions should review their policies, train staff, and make sure accommodation requests are taken seriously. It’s no longer just about avoiding bad intent, it’s about making sure students with disabilities get the help they need.

This is for informational purposes only and should not be considered legal guidance.
© SBMA 2025

We’re excited to share a major development that reinforces our shared mission of protecting students and restoring academic integrity across our schools.

The U.S. Department of Education has officially declared June as Title IX Month , honoring the 53rd anniversary of the landmark 1972 law that guarantees women equal access to educational opportunities.

In a powerful show of commitment, the Office for Civil Rights (OCR) has launched two key Title IX investigations:

✅ University of Wyoming is under investigation for allowing a male to join a female-only sorority, violating Title IX protections for single-sex organizations.
✅ Jefferson County Public Schools (CO) is being investigated for policies that reportedly allowed biological males to share overnight accommodations with girls without proper parental notification.

U.S. Secretary of Education Linda McMahon stated:

“This Administration will fight on every front to protect women’s and girls’ sports, intimate spaces, dormitories and living quarters, and fraternal and panhellenic organizations.”

As school board members, these actions represent a vital turning point. The restoration of Title IX’s original intent, protecting women on the basis of sex, is a bold step toward ensuring safety, fairness, and truth in education.

We will continue to monitor updates and share key resources throughout June as Title IX Month unfolds. Let’s celebrate this win and remain vigilant in upholding student rights in our local divisions.

May 7 was a meaningful and productive day for the School Board Member Alliance (SBMA), filled with strong advocacy, public engagement, and a celebration of educational excellence across the Commonwealth. Here’s a quick recap of what your SBMA leadership and advisors were up to:

️ On the National Stage:
SBMA Legal Advisor Josh Hetzler appeared on Fox & Friends alongside Seth Wolfe, whose son is under investigation for questioning the presence of a biological girl in the boys' locker room. Mr. Hetzler is representing three students in this case through the Founding Freedoms Law Center, raising serious legal concerns about Title IX enforcement, student speech, and due process.
Watch the segment here: Fox News Interview

️ Advocating for Fairness in Girls’ Sports:
SBMA Board Member Dr. Meg Scalia Bryce spoke at the Virginia High School League (VHSL) Board meeting, urging the board to establish clear, enforceable regulations to ensure boys are not permitted to compete in girls’ sports under the new VHSL policy.
Watch Dr. Bryce’s remarks here: VHSL Meeting Comments

Celebrating Educational Excellence:
SBMA Executive Director Shelly Norden traveled to Richmond to attend the 2025 Virginia Teacher of the Year Ceremony. Congratulations to Matthew Neale of Hidden Valley High School and all the Regional Teachers of the Year. Your dedication continues to inspire our work to support high-quality education throughout Virginia!
Watch Mr. Neale’s remarks here: Teacher of the Year Speech

Thank you for standing with us as we work to uphold fairness, transparency, and academic excellence in public education.

We are excited to share some wonderful news with you—Meg Scalia Bryce has officially joined the Board of Directors for the School Board Member Alliance!

Meg is a wife and mother of four who lives in Charlottesville, Virginia. She holds a Ph.D. in Cognitive Psychology from the University of Virginia, where she has also taught undergraduate Psychology. In 2023, Meg courageously ran for school board in Albemarle County; she has remained steadfast in her commitment to academic excellence and strong local governance.

In July 2024, Meg was nominated by Governor Glenn Youngkin to serve on the Virginia State Board of Education. While her confirmation was ultimately blocked by the Democratic majority, she served for six months with distinction—advocating for accountability in education, small government, and parental rights.

We are honored to welcome Meg to the SBMA Board, where her passion for education, principled leadership, and firsthand experience will be invaluable in furthering our mission to support and empower school board members across the Commonwealth.

Please join us in welcoming Meg Bryce to the team!

Warm regards,
Shelly Norden
Executive Director
School Board Member Alliance (SBMA)

We want to update you on our ongoing communication with U.S. Department of Education Secretary McMahon's office regarding federal education funding. We have been informed:

"The top line response here is that we haven’t cut any of the basic funding that states receive and we don’t plan to — Title I, IDEA, etc. The cuts are to bureaucracy and bloat at the federal level to free up states and locals to use their funding for more innovative and productive uses!

We’ll have broader talking points and myth vs. fact documents by the end of the week."

Additionally, Congress has passed a Continuing Resolution (CR) to fund the federal government through the remainder of Fiscal Year 2025 (FY25). This measure ensures education programs, including Title I, Title IV-A, and IDEA, remain funded at FY24 levels.

We will continue to monitor these developments and share additional details as they become available. 

For years, Virginia’s school divisions have been reporting inflated proficiency rates on state-administered Standards of Learning (SOL) tests, giving parents and the public a misleading picture of student achievement. The latest 2024 results from the National Assessment of Educational Progress (NAEP) highlight this issue, showing that Virginia students continue to struggle in reading and math when compared to national benchmarks.

The discrepancy is stark: while the 2024 SOL results claim that 73% of Virginia fourth graders are proficient in reading, NAEP data show that only 31% actually meet national proficiency standards. In math, the state-reported proficiency rate for fourth graders is 71%, whereas NAEP places the true figure at just 40%. The gaps persist in eighth grade as well, with a 43-percentage-point difference in reading and a 34-percentage-point gap in math.

So, How Did This Happen?

Virginia’s proficiency cut scores were lowered under previous administrations, leading to a significant “honesty gap” between SOL results and NAEP standards. In fact, Virginia is one of only two states where a “proficient” score in reading on the SOL translates to “below basic” on the NAEP—meaning that students who fail to demonstrate even partial mastery of grade-level skills are still considered proficient by the state’s standards.

The VBOE’s Plan to Fix Inflated Scores

Recognizing the damage that inflated proficiency scores have done to student preparedness, the Virginia Board of Education (VBOE) has initiated a multi-phase plan to raise academic expectations. The new standard-setting process will better align SOL cut scores with national benchmarks, workforce demands, and college readiness requirements.

Here’s what the process will look like:

✅ March 2025 – Selection of 200 expert educators and stakeholders to serve on standard-setting committees.

✅ April 2025 – Training for committee members on best practices for setting new proficiency cut scores.

✅ May 2025 – Review and analysis of assessment data to determine appropriate score adjustments.

✅ June-July 2025 – Public review and VBOE final approval of new cut scores.

The state is considering shifting its methodology for determining proficiency from the Modified Angoff Method, which relies on statistical estimates, to the ID Matching Method, a research-backed approach that ensures proficiency standards are more content-focused and transparent.

What This Means for School Board Members

School board members should be aware that these changes will not take effect until the 2026-2027 school year. This timeline allows school divisions time to adjust curricula, train educators, and prepare students for the more rigorous standards.

In the meantime, school leaders should communicate with parents and stakeholders about the changes ahead, particularly in light of the latest NAEP results. Virginia’s long-standing “honesty gap” is finally being addressed, and while the transition may be challenging, it is a necessary step toward ensuring students are truly prepared for academic and career success.

Virginia’s commitment to higher standards and transparency is a move in the right direction—as they work to restore confidence in public education.

The U.S. Department of Education has unveiled EndDEI.Ed.Gov, a new online portal designed to empower parents, teachers, and community members to report instances of race- or sex-based discrimination in publicly funded K-12 schools. This initiative signals a shift in federal oversight, prioritizing academic excellence and fairness in education over ideological agendas.

The secure portal allows users to submit reports by providing an email address, the name of the student’s school or district, and details of concerning policies or practices. The Department of Education will use these submissions to identify potential areas for investigation.

This effort comes in response to mounting concerns that schools are straying from their core mission of providing a high-quality education in essential subjects like reading, writing, and math. Many parents and educators have voiced frustrations over the growing presence of political and social ideologies in the classroom, which they argue detract from academic achievement and create division among students.

The launch of EndDEI.Ed.Gov emphasizes a growing national effort to restore accountability in public education, ensuring that schools remain focused on academic rigor and equal opportunities for all students while increasing scrutiny on curriculum decisions, hiring practices, and district policies.

To submit a report or learn more, visit EndDEI.Ed.Gov.

The School Board Member Alliance (SBMA) hosted its first-ever Legislative Roundtable in Richmond, giving school board members across Virginia practical tools and tips to advocate for their communities. Founding Freedoms Law Center attorney Josh Hetzler led an interactive session on how school boards can lobby effectively.

“SBMA believes tax dollars should not be used to lobby,” Executive Director Shelly Norden said. “Our alliance is all about empowering our members. We want them to have the tools and confidence to advocate for their communities independently.”

During the event, members received resources like a list of key dates for submitting bills, tips on how to lobby effectively, and guidance on setting up legislative committees within their own school boards.

The day also included a special visit with Attorney General Jason Miyares, followed by a tour of the state capitol. Members then met one-on-one with legislators, including Del. Bill Wiley, Del. Wendel Walker, Del. Chad Green, Sen. David Suetterlein, and Sen. Danny Diggs, to discuss pressing issues in education.

Attendees said the event’s combination of networking, hands-on advice, and access to decision-makers made it a standout experience. One member noted, “Getting advice from Josh and sharing ideas with other board members was incredibly helpful.” Another added, “Josh’s legal insights are crucial for handling challenges in our division.”

The event was a powerful example of SBMA’s commitment to equipping school board members with the skills and connections they need to push for education policies that truly benefit Virginia’s students and communities.