The Montgomery County School District in Maryland rescinded their opt-out policy for parents who did not want their children partaking in the district’s gender and sexuality curriculum. When Nicole Neily, president of Parents Defending Education, made a records request for “opt-out” records, the district said it would cost $20,000 and won’t be available until October 2nd.
Public record requests in Maryland are governed by the Maryland Public Information Act (MPIA). The MPIA dictates government agencies may only charge a “reasonable fee” for processing records requests, with the goal being “…neither to make a profit nor to bear a loss on the cost of providing information to the public,” according to the Maryland Attorney General’s website.
In a further blow to Montgomery County parents, a U.S. District Court judge denied a request to reinstate the school district’s opt-out policy. Parents argued that the Montgomery County School District had violated their rights as parents to guide their child’s religious instruction.
Judge Deborah Boardman wrote in her opinion that, “…the plaintiffs’ asserted due process right to direct their children’s upbringing by opting out of a public-school curriculum that conflicts with their religious views is not a fundamental right.”
Judge Boardman also denied the parents’ request for a preliminary injunction which would have allowed for the opt-out policy to at least continue for this school year.



