Illinois District 128 Gets a Demand Letter on Parental Notice and Opt-Out
A legal group has sent an Illinois high school district a letter about parental notice and opt-out. It is a letter, not a lawsuit. As of October 17, 2026, we found no public response from the district.
Here is what it says, what it asks for, and how to ask your own school in writing.
What happened in District 128
Liberty Justice Center, through its PARENTS Initiative, sent a demand letter dated October 14, 2026, to Community High School District 128 (Vernon Hills, Illinois). Local press also calls it Libertyville-Vernon Hills Area High School District 128.
The letter says District 128 parents contacted the group. It raises several issues; this post covers only parental notice and opt-out.
We found no lawsuit. The Daily Herald reported on October 15 that district officials "could not be reached for comment."
What the district's guidelines say
District 128 posts Gender Support Guidelines on its website. In the curriculum section of the full guidelines document linked from that page, the district says:
"School libraries and curricula will include accurate information on gender diversity as well as gender-affirming literature."
The guidelines themselves do not include notice or opt-out language. The district does have other rules. Its Board Policy 6:260, adopted January 27, 2026, says a parent "may request that their child be exempt from using a particular instructional material or program." Separately, Illinois law (105 ILCS 5/27-1015(d)) lets parents opt a student out of comprehensive sexual health education in writing. That covers sex-ed classes only.
We found no district rule requiring advance notice before specific classroom materials are used, and no individual opt-out for library books.
What the letter argues about notice and opt-out
The letter argues that the guidelines bring these materials into libraries and curricula "without parental notice or opt-out provisions as the First and Fourteenth Amendments require" (page 2).
Read fairly, that is a point about the guidelines themselves. Whether the district's existing request process is enough is a legal question the letter raises. No court has decided it. The letter cites Mahmoud v. Taylor (2025) in a footnote.
What the letter asks for, and what happens next
The letter does not propose a specific notice or opt-out procedure. On page 3, it asks the district to:
"Provide written assurance that the District will begin the process of amending its written policies," and
"Provide written assurance that once these policy revisions are complete, the District will ensure all staff are informed of the changes and sufficiently trained."
It sets no fixed deadline. It says failing to act "could result in legal action against the District," a stated possibility, not a filed case.
We will update this post if the district responds.
How to ask your school for notice and an opt-out in writing
One simple step is to put your request in writing. In District 128, parents can point to Policy 6:260, which says a parent can request an exemption by contacting the teacher.
Name the specific materials: the class, unit, book or lesson.
Write to the teacher, and copy the principal.
Ask for advance notice before those materials are used.
Ask that your child be excused, with an alternative assignment where possible.
Date it and keep a copy. Follow up if you hear nothing.
Our parent guide walks through each step. Then get the GEI Parental Opt-Out form. Request the form on that page, then save the PDF. If your district has its own form, use that too.
Frequently asked questions
Did parents sue Illinois District 128 over curriculum notice and opt-out?
No. As of October 17, 2026, it is a demand letter from Liberty Justice Center, dated October 14, 2026. We found no lawsuit.
What does the District 128 demand letter ask the district to do?
It asks for two written assurances: that the district will begin amending its written policies, and that staff will be informed of the changes and trained.
How can I ask my child's school for advance notice and an opt-out from specific materials?
Put it in writing. Name the materials, ask for advance notice, and ask that your child be excused with an alternative assignment. Keep a dated copy. Check whether your district has a policy for these requests. Our parent guide explains the steps, and you can get the form to start. What a school must grant depends on your state, your district's policies and the facts.
This post is general information, not legal advice. Your rights depend on your state, your district's policies and your situation. For advice on your case, talk to a licensed attorney. Great Education Initiative is a national 501(c)(3).
Sources (checked Oct 17, 2026)
Liberty Justice Center demand letter to Community High School District 128, dated Oct 14, 2026 (PDF, pp. 2–3): https://libertyjusticecenter.org/wp-content/uploads/D128-Demand-Letter.pdf
Liberty Justice Center press release, Oct 14, 2026: https://libertyjusticecenter.org/pressrelease/liberty-justice-center-warns-illinois-school-district-that-its-gender-policies-violate-parents-teachers-and-students-rights/
Daily Herald, Mick Zawislak, Oct 15, 2026: https://www.dailyherald.com/20261015/education/district-128-gender-policies-questioned-as-violating-rights-of-parents-and-students/
District 128 Gender Support Guidelines page: https://www.d128.org/departments/student-services/gender-support-guidelines
District 128 full Gender Support Guidelines document (linked from that page), "Curriculum and Pedagogy" section: https://docs.google.com/document/d/1up62Qu7fIeP0YNKyW-tZCEZet5Dg_GRLg_imnwVQGtE/edit
District 128 Board Policy 6:260, Complaints About Curriculum, Instructional Materials, and Programs (adopted Jan 27, 2026): https://v3.boardpolicyonline.com/b/vernon_hills_128/s/1680927
Illinois 105 ILCS 5/27-1015 (formerly 27-9.1a; renumbered by P.A. 104-391), subsection (d): https://www.ilga.gov/Documents/legislation/ilcs/documents/010500050K27-1015.htm
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