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Montgomery County schools and a group of parents who objected to their children receiving LGBTQ+-themed instruction without their consent have reached a settlement of the parents鈥� lawsuit that went all the way to the U.S. Supreme Court.
The , signed Thursday by U.S. District Judge Deborah L. Boardman, settles a lawsuit filed in 2023 by a group of Muslim, Jewish and Christian parents after the school system introduced books, for classes as early as pre-kindergarten, that had stories featuring transgender or same-sex characters.
The settlement includes a $1.5 million payment and new provisions alerting parents to content of course materials, to provide alternative instruction and to give parents an opportunity to opt their children out of the standard instruction.
The case was heard last year by the U.S. Supreme Court, which聽 that the parents had 鈥渟hown that they are very likely to succeed in their free exercise鈥� of religion claims, before sending the case back to lower courts for hearing.
Eric Baxter, senior counsel at the Becket Fund and lead attorney for the parents, said in an interview Friday the parents 鈥渁re super happy鈥� with the Supreme Court鈥檚 ruling and to reach a settlement with Montgomery County.
鈥淎 lawsuit that never should鈥檝e happened,鈥� Baxter said. 鈥淣ow it鈥檚 on Montgomery County to rebuild trust with parents and make public education more of a partnership than an autocracy.鈥�
Baxter said the case should be a warning to other schools in the state and nationwide that 鈥渢hey鈥檝e now seen it鈥檚 not only a breach of trust with parents not to provide notice, but it鈥檚 also very costly. Lawyers will now be looking to enforce rights for parents against other schools that don鈥檛 follow.鈥�
When the books were originally introduced in the 2022-23 school year, the school system allowed parents to take their children out of health education classes they found offensive.
But the board reversed itself in March 2023, saying students could not get out of language arts classes using the books, which the schools called part of an inclusive curriculum that was designed to also help teach civility and respect.
In the parents鈥� filed to the Supreme Court in March 2025, they cited a few of the elementary-aged books and teacher guidance such as 鈥淏orn Ready,鈥� a story about Penelope, a student who identifies as a boy. 鈥淭eachers are told to instruct students that, at birth, doctors guess about our gender, but we know ourselves best,鈥� the parents鈥� petition said.
Another book was 鈥淛acob鈥檚 Room to Choose鈥� about two young children who identify as transgender. 鈥淭heir teacher uses a game to persuade their classmates to support gender-free bathrooms,鈥� the parents鈥� filing said.
According to Thursday鈥檚 settlement, the county鈥檚 Board of Education must notify parents in advance whenever an LGTBQ+ book or other materials are planned for instruction. That way parents are allowed to opt out their children from that classroom.
The board may provide advanced notice to parents through emails 鈥減rior to each marking period鈥� with descriptions of all main instructional materials (including any video) approved for each grade. The schools must also identify any materials that address 鈥渢he family life and human sexuality objective鈥� in the state鈥檚 Comprehensive Health Education Framework. of the framework was approved in November.
Finally, the board can instruct all schools and teachers to inform parents with 鈥渁ccurate information鈥� who request when any materials approved will be used in the classroom.
Liliana L贸pez, a spokesperson for Montgomery County public schools, said in an email Friday that some actions outlined in the settlement are already happening, such as an revised in August. Parents or guardians must submit a form to have their child excused from instruction. The school system also created a 鈥�,鈥� which is a one-page document that can be put on a refrigerator, highlighting what students are learning each quarter.
鈥淲ith the legal process concluded, our focus remains on the steps that we have taken to meet the Court鈥檚 mandate. We have implemented proactive measures to ensure compliance and improve responsiveness,鈥� Lopez said. 鈥淭his work is ongoing, and we remain dedicated to partnering with our families to guarantee we are moving forward in a way that aligns with the Court鈥檚 decision.鈥�
