On March 2, 2026, the U.S. Supreme Court issued a decision in the case of Mirabelli v. Bonta in which it held that the First Amendment Free Exercise clause protects parents’ right to know of changes to their children’s gender identity. Mirabelli v. Bonta, 607 U.S. _, LEXIS 1192 (2026). The Court held that the parents are likely to succeed on their claims that California state policy violated their freedom of religion rights by requiring student consent to inform parents of changes to student gender identity.
In its holding, the Court also expanded upon its decision in Mahmoud v. Taylor (parental right to opt out students from curricula or readings that are against their religious beliefs) by applying it beyond cases involving curriculum and materials. Mahmoud requires that courts apply strict scrutiny to these cases, a standard that is difficult for schools to overcome.
Application in Ohio
In Ohio, however, the Mirabelli decision may not impact districts as heavily due to Ohio Revised Code (RC) 3313.473, enacted as part of House Bill 8, commonly known as the Parent’s Bill of Rights, which went into effect last April. RC 3313.473(B)(2) provides that schools must adopt a parental involvement policy requiring them to promptly notify a student’s parent of substantial changes in student services, including counseling services, or monitoring related to the student’s mental, emotional, or physical health or well-being. RC 3313.473(B)(2) also requires the notice to reinforce:
- The fundamental right of parents to make decisions in the upbringing and control of their children;
- That the District does not inhibit parental access to the student’s education and health records maintained by the school.
Based on the requirements in RC 3313.473, school policies in Ohio incorporate the rights protected by the Mirabelli decision.
If you have general questions regarding the Mirabelli decision and its potential impact on your school, please feel free to reach out to OSBA’s legal division at 855-OSBA-LAW. For more specific questions, please reach out to your board’s counsel.
See the following OSBA publications for additional information:
US SUPREME COURT REQUIRES PARENTAL NOTICE AND OPT OUTS