DESE Sex Ed PD Rewrites History and Denies Parental Rights
Gaslight much, DESE? It's no wonder school admin and staff are confused. Here are the facts.
Back in September 2023, the Department of Elementary and Secondary Education (DESE)’s new Comprehensive Health and Physical Education Framework was adopted by the MA Board of Elementary and Secondary Education (BESE). We had sounded the alarm for months about this Framework, which employs a Comprehensive Sexuality Education model and introduces aspects of gender and sexuality to students as young as Pre-K, requires direct instruction on gender identity by the end of fifth grade, normalizes sexual activity for middle school students, encourages high school students to become activists on behalf of the LGBTQ community, and more. Thousands of concerned MA parents spoke up during the public comment period in Summer 2023 and asked BESE to reject the proposed age-inappropriate Framework, but they made like the Jim Carrey meme above and voted to adopt it anyway. You can read more about the history of the CHPE Framework here and here.
Parents were frustrated, and we knew we had to stay vigilant. For DESE, getting their Framework approved was only goal #1. Once approved, they would push to get it adopted in as many MA schools as possible. To achieve this, they would need to train school districts to implement their woke priorities. But when, and how? The answer came in Spring 2024 when they offered multiple CHPE Framework professional development sessions to public school staff. We wanted to know what directives were being given to taxpayer-funded employees who would be responsible for implementing the controversial Framework with students, starting as young as Pre-K so we submitted a public records request (PRR) for the training materials.
Through our PRR, we learned that DESE’s 5 training sessions were attended by a total of over 300 MA teachers, curriculum coordinators, and administrators. (Want to see if staff from your district attended this training? Download the signup list we got via PRR. You’ll find it at the end of this post.) And while much of what was covered with school district staff was content we were already familiar with since the Framework is publicly available online, we made one major discovery that all MA public school parents need to know about. This discovery was found in the slideshow presented to attendees: Taking a Deeper Dive into the Comprehensive Health and Physical Education Framework.
That discovery relates to the Opt Out law and what it does - or does not - cover.
Since 1997, the Massachusetts sex education opt out law has granted parents the right to opt their children out of “curriculum which primarily involves human sexual education or human sexuality issues.” This law has not changed, a fact acknowledged by the presenters themselves in the slide below.
Yet, in the very next slide, staff were instructed that issues related to gender and sexual orientation, body systems, puberty, and menstruation (all topics related to sexual maturation) fall into the what doesn’t count for the opt-out category.
This is indeed a big change. These exclusions don’t make sense in light of the MA sex ed opt out law, nor do they reflect the historical protocol followed by school districts.
Through the Massachusetts Family Institute Sex Ed Map project, we see examples of the sex ed curricula used in MA public schools on a regular basis. Curricula secured via PRRs submitted to MA public school districts almost always include lessons on puberty education. In addition, those lessons are often accompanied by a letter that schools send to parents in advance to let them know that puberty education is optional and that they have the right to opt their child out! Sex ed lessons also consistently mention gender identity and sexual orientation as part of the curriculum, or use terms such as “person with a penis” instead of “boy” as a nod to gender identity.
School districts have long understood that puberty education is eligible for opt-out, and understanding LGBTQ-related topics as “human sexuality issues” aligns with a plain reading of the law. So why would DESE’s presenters gaslight attendees of their Framework implementation trainings by telling them these topics do not “count for opt out,” while simultaneously (and correctly) pointing out that the law has not changed?
The law has not changed. The only thing that has changed is the introduction of the 2023 Framework, which schools are not legally required to implement. Based on what we discovered, it seems DESE is trying to reinterpret the law to fit their Framework, rather than endorsing a Framework that follows the law. Even the legal advisory opinion still posted on the DESE website lists “puberty” and “homosexuality” as topics covered under the opt out law, yet DESE leadership presented contradictory information during their trainings. Where a clear understanding previously existed, confusion now reigns for school district staff and parents.
District administrators rely on DESE to provide accurate information, but now some of them are under the impression that parents can no longer opt their fourth graders out of inappropriate puberty education lessons about “people with periods” and “nocturnal emissions.” With the school year just starting, we don’t yet know which districts will choose to follow the bad advice contained in the DESE training. Concerned about the impact this illegal overreach could have on MA families, the Massachusetts Liberty Legal Center (MLLC) has created an advisory letter that parents can forward to their district to make sure their rights are protected.
MLLC’s “Advisory on the Massachusetts Sex Ed Opt Out Law” letter informs districts that parents do indeed have the right to opt out of puberty instruction as well as instruction on sexual orientation and gender identity issues. This letter can be downloaded for free, here:
We encourage all MA parents to forward MLLC’s letter to their child’s principal, along with a Sex Ed Opt Out letter (and if you’ve already sent that letter, it’s fine to send MLLC’s separately). Forwarding this advisory letter is a proactive step that every parent can take to protect their child. It also helps local school districts by providing clarity where DESE’s training has sown confusion. If after receiving this letter your child’s principal still does not affirm your right to opt your child out sex ed, including puberty lessons, contact MLLC at contact@malibertylegal.org. An attorney would be happy to consult with you, free of charge.
And what’s next for DESE’s indoctrinate-the-kids-into-gender-confusion Framework rollout? DESE (and their consultants) are currently reviewing curriculum, and in July published a partial list of the curricula that meets their standards. So far we don’t have a complete list of the curricula they will recommend, but we already know they are including Get Real, Planned Parenthood’s graphic sex ed curriculum (we figured that one would be on the list - we wrote about it here back in 2023!). You can find their curriculum guide on the DESE website here, and there is also a link to the pdf at the end of this post.
We will continue to monitor the state of sex ed in MA schools and will keep an eye on DESE as they roll out this controversial and inappropriate Framework. In the meantime, don’t forget to send in your opt out letters, as well as the MLLC legal brief about what the opt out law covers. Keep us posted on what’s happening in your district. And if your district tries to deny your right to opt out, let us know.
Your friends at MIP are here for you. Because Sex Ed should be optional, but parental rights never are.
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