Live from Harvard: Parents' Rights and K-12 Curriculum

Dec 4, 2025

Join Jennifer Berkshire, an education policy expert and co-host of Have You Heard?, and Naomi Shaefer Riley, a journalist focusing on child welfare, as they delve into the heated topic of parents' rights in K-12 education. They discuss the implications of the Supreme Court's ruling on religious opt-outs, raising concerns about the potential erosion of public schooling. The conversation touches on age-appropriateness of controversial books, local versus state control over curriculum, and the importance of inclusive education for marginalized students. It's a fascinating exploration of the future of education!

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INSIGHT

Mahmoud's Big Legal Shift

The Supreme Court ruling in Mahmoud v. Taylor enshrines a parent's right to opt children out of lessons on religious grounds.
Jennifer Berkshire warns this legal heft could destabilize common curricular exposures central to public schooling.

ADVICE

Treat Opt-Outs As A Warning

School leaders should heed opting-out signals from families as a warning about community discontent.
Naomi Schaefer Riley advises districts to treat large-scale opt-outs as a prompt to reconsider programming.

INSIGHT

Sincerity Standard Expands Claims

The Court's test uses sincere religious belief as the threshold, which could be applied broadly to many school subjects.
Jennifer Berkshire and Johan Neem worry this standard risks making ordinary curriculum legally contestable.

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Today, we’re sharing a special live recording of The Disagreement at the Harvard Graduate School of Education*. Our topic: Parents' Rights and K-12 Curriculum. This is our first live recording in a university class, and we are incredibly appreciative of Professor Jim Peyser and his students for having us.

This episode was sparked by the judgement in the recent Supreme Court case, Mahmoud v. Taylor (24-297), which ruled in favor of allowing parents to “opt-out” children from lessons that did not align with their religious beliefs. It was a highly controversial ruling and has the potential to reshape U.S. public education on both national and local levels.

*A Note: The Harvard Graduate School of Education recently launched the Dialogue Across Differences initiative, which fosters conversations on a wide range of topics from diverse perspectives. Please note that the views and opinions expressed by our guests today are solely their own and do not necessarily reflect those of HGSE or Harvard University.

The Questions:

To what extent should parents be allowed to opt their children out of K-12 school curriculum and courses?
In a pluralistic society, how should decisions about what should—and should not—be part of school curriculum be made and by whom?
To what extent is exposing children to views that differ from their religious, cultural, or ideological beliefs an essential component of, or threat to, public education?

The Guests

Jennifer Berkshire is a writer and co-host of a biweekly podcast on education, policy, and politics, Have You Heard? She teaches a course on the politics of public education at Yale University and, through the Boston College Prison Education Program, is an instructor in a Massachusetts prison. Jennifer is the author of The Education Wars, which examines the impact of the culture wars on the foundation of public education.

Naomi Schaefer Riley is a journalist and senior fellow at the American Enterprise Institute. She is the author of several books across a variety of topics, including No Way to Treat a Child: How the Foster Care System, Family Courts, and Racial Activists Are Wrecking Young Lives, and Be the Parent, Please. A lot of Naomi’s work focuses on child welfare, child protective services, foster care, and adoption.

Questions or comments about this episode? Email us at podcast@thedisagreement.com or find us on X and Instagram @thedisagreementhq. Subscribe to our newsletter: https://thedisagreement.substack.com/