Carson City School District trustees approved a new curriculum opt-out provision last week despite unresolved questions from its previous hearing over what qualifies as a “sensitive personal topic” and when families must be notified.
The provision was adopted as part of Policy 106, the district’s Family and Parent Engagement Policy, which also includes new parental disclosure requirements involving students’ social or gender transitions.
Under the curriculum provision, the district “guarantees parents the right to proactive, advance notice and an accessible opt-out accommodation” for instructional materials or supplemental curricula that “substantially intersect with a family’s religious development, moral beliefs, or sensitive personal topics.”
Students must receive an alternative academic assignment without penalty if one is requested.
The provision goes beyond the district’s existing Family Life process, which allows parents to control participation in sex education. Policy 106 applies more broadly to instructional materials or supplemental curricula involving a family’s religious development, moral beliefs or “sensitive personal topics.”
No regulations exist alongside the policies, meaning no further direction is provided outside of the policy language itself.
The policy does not define “sensitive personal topics” or explain how the district will determine when instructional material falls into that category.
Trustee Michelle Pedersen raised those questions during the policy’s July 28 hearing, calling the phrase “very subjective” and asking whether guidance existed in the legal mandates Board counsel Ryan Russell was referencing to define its parameters.
She also questioned whether there would be a process, or a particular person responsible, for deciding whether something qualifies as a sensitive topic.
Board counsel Russell said he could provide additional guidance, telling Pedersen, “I can find some.”
Russell also said that he can “work on it a little more” regarding when the district itself should identify material as a sensitive personal topic and notify parents that an opt-out is available.
Russell also said the decision to exercise the opt-out belongs to the parent, not the student. This is not stated in the policy, however, but Russell argued that because it’s in the parent policy, it is implied.
“If a parent comes and says on their own I’m going to opt out of this particular curriculum we have to honor that,” Russell said. No legal citation has been provided supporting this, however.
Carson Now has repeatedly asked CCSD for clarification about how the new provisions would be applied as well as questions relating to their legal basis. The district, and Russell, have not answered those questions.
Russell characterized the changes during the July meeting as stemming from current law and Supreme Court decisions, but has never provided citations supporting the new opt-out language.
When Policy 106 returned for final approval Aug. 11, no additional definition, guidance or process for “sensitive personal topics” was presented.
Board President Molly Walt asked trustees whether they had any questions, comments or discussion on Policies 104, 106 and 107. The only issue raised was a grammatical correction adding a hyphen to “decision-making” elsewhere in Policy 106.
The three policies were then approved together 4-1, with Pedersen opposed and two trustees absent.
