Page 13

that (on information and belief) was generated in part by the controversy surrounding the

plaintiffs' reasonable and constitutional requests. The statement reads, in its entirety:

What does the law say schools have to do?

By Paul Ash

Superintendent of Schools, Lexington, MA

Published in the Lexington Minuteman

Thursday, September 22, 2005

Over the summer, I have received a number of questions about implementation of
Massachusetts General Laws, Chapter 71, Section 32A ("Section 32A"). These questions
relate to the following provision:

Every city, town, regional school district or vocational school district
implementing or maintaining curriculum which primarily involves human
sexual education or human sexual issues shall adopt a policy ensuring
parentallguardian notification. Such policy shall afford parents or guardians
the flexibility to exempt their children from any portion of said curriculum
through written notification to the school principal.

In Lexington, curriculum identified by the statute generally begins at the fifth-
grade level. LPS [Lexington Public Schools] has, of course, adopted a policy
implementing Section 32A, and school staff routinely provide parents with notice
and the flexibility to "opt out" of this curriculum.

Recently, questions have been raised as to whether school staff also has an
obligation to notify parents and allow "opt out" of other school-based activities,
particularly in the elementary grades. For example, some parents have requested
they be notified whenever their child has access to any material, conversation, or
activity that acknowledges differences in sexual orientation, including any
reference to families with same-gender parents.

Since elementary curriculum often elicits discussion of family experiences, such
references certainly may occur. In addition, our schools routinely provide
students with access to materials, activities, and discussions that recognize
diversity. This access is designed to assist us in our goal of maintaining an
appropriate and respectful educational environment for all students. As required
by law and LPS policy, this environment must be free of discrimination based on
race, gender, color, religion, sexual orientation, national origin and disability.

The Massachusetts Department of Education, which is responsible for
administering Section 32A, has explained that activities and materials designed to
promote tolerance and respect for individuals, including recognition of differences
in sexual orientation "without further instruction on the physical and sexual
implications" do not trigger the notice and opt out provisions of Section 32A.
Under this standard, staff has no obligation to notify parents of discussions,