Lake Washington Lawsuit: What Parents Ask About Notice and Opt-Out
A Washington father has sued his school district. He says the district would not give him notice or a religious opt-out from classroom lessons that conflicted with his faith.
That is what the lawsuit alleges. A court has not ruled on the merits. This post explains what the filing and public statements say so far — and what parents anywhere can do if they want notice and a written religious opt-out for their own child.
It is not legal advice. Great Education Initiative (GEI) is a national 501(c)(3). We do not take sides on the outcome of this case.
What the lawsuit alleges (facts as filed — not a court ruling)
According to reporting and the federal docket, Konstantin Averkiev filed suit on September 8, 2026, in the U.S. District Court for the Western District of Washington (Averkiev v. Lake Washington School District et al., No. 2:26-cv-03201). Alliance Defending Freedom (ADF) is counsel. The case is assigned to Judge Theresa L. Fricke. The docket lists a civil-rights claim under 42 U.S.C. § 1983.
Named defendants on the docket include Lake Washington School District, Superintendent Dr. Jon Holmen, and board members Lisa Guthrie, Lindsey Yocum, Aspen Richter, Eric Laliberte, and Angela Meekhof.
The school named in reporting is Henry David Thoreau Elementary School in Kirkland.
Grade timeline (as reported — do not flatten): The father met with his son’s fourth-grade teacher around September 2025 about notice and opt-out. He alleges a Pride Month lesson in June, while his son was still in that elementary setting. Broader requests came as his son prepared to enter — or had started — fifth grade. Headlines sometimes say “fifth grader.” The body of the reporting tracks that longer timeline.
Core allegations (plaintiff / ADF): The district refused notice and a religious opt-out from LGBTQ-related lessons and related requirements that conflicted with the family’s religious beliefs. Claims include the First and Fourteenth Amendments. According to outlets summarizing the complaint, the June lesson materials addressed same-sex attraction, transgender identity, and Stonewall; the son described a discussion of gender-change surgery. Treat slide text and classroom quotes as according to the complaint / lawsuit, not as independently verified classroom transcripts.
Opt-outs allegedly granted: Only those already required under Washington state law for sex-education curriculum and (health) surveys — not the broader religious notice and opt-out the father says he sought.
Relief sought (per JNS reporting): An injunction requiring notice and religious opt-outs, declaratory relief, damages, and fees.
Merits ruling: None found as of September 15, 2026. Early docket items include the complaint, summons, pro hac vice admissions, and a discovery form order. Treat everything as allegations / a pending case.
What the school district has said
Keep the district’s public statements separate from the plaintiff’s claims.
Opt-out scope
Plaintiff / ADF allege: Religious notice and opt-out from LGBTQ-related instruction and related requirements
District has said (as reported): Affirms parents’ authority under Washington state law to opt out of sexual health curriculum and surveys; not framed as opt-out from learning about particular identities or groups (JNS)
June lesson
Plaintiff / ADF allege: Pride Month lesson; materials on same-sex attraction, transgender identity, Stonewall; son described discussion of gender-change surgery (Fox, citing complaint)
District has said (as reported): Lesson focused on empathy, inclusion, bullying prevention, and belonging; reviewed school-climate data / biased remarks (JNS)
September 2025 teacher meeting
Plaintiff / ADF allege: Teacher agreed to notice/opt-out; later no advance notice for the June lesson (Fox/JNS)
District has said (as reported): NOT FOUND as a district confirmation of that meeting
Broader fifth-grade requests
Plaintiff / ADF allege: District rejected nearly all; counseling/pronouns among issues cited by ADF (Fox)
District has said (as reported): Declined case-specific comment; says it follows applicable federal and state law and OSPI guidance (Fox); aware of the matter (JNS)
Case snapshot
Parties: Konstantin Averkiev v. Lake Washington School District et al.
Court / case no.: W.D. Wash. 2:26-cv-03201
Filed: September 8, 2026
Judge (assigned): Theresa L. Fricke
Status: Allegations pending; no merits ruling cited as of research date
Why notice and written requests matter for parents nationally
You may never set foot in Kirkland. The filing still raises questions parents ask in many districts:
Will the school tell me before a lesson that conflicts with our family’s faith?
If I ask for a religious opt-out, will it go in writing into the student file?
Can a district say “we already offer the state sex-ed opt-out” and stop there?
GEI’s answer is not a verdict on this lawsuit. It is practical: put the request in writing, keep a copy, and ask for a dated receipt. Start with our parent guide. Then get the form.
How this relates to Mahmoud v. Taylor (carefully)
In Mahmoud v. Taylor (June 27, 2025, 6–3), the Supreme Court held that parents in that case were entitled to a preliminary injunction for notice and a religious opt-out from certain elementary instruction. The facts were specific. It is not a blanket nationwide curriculum opt-out. It does not mean every school must honor the GEI Parental Opt-Out form. Do not treat Mahmoud as a decision that already settles the Lake Washington docket.
Calm next steps: parent guide and the GEI Parental Opt-Out form
Read the parent guide — notice, religious-based opt-out, and plain limits.
Get the GEI Parental Opt-Out form: Request the form on this page, then save the PDF.
If your district has its own form, use that too. Attach GEI’s pages if they help you state your religious reason clearly.
Make two copies. Give one to the school. Ask only for a dated “received” stamp. Keep your copy.
This is not legal advice. A lawyer or local rights group may be needed if a school will not take or honor a written request.
FAQ: parental opt-out, religious opt-out, and school districts
Can I request a religious opt-out from certain elementary classroom instruction that conflicts with my faith?
Parents often can put a written religious opt-out request on file when specific instruction conflicts with a sincerely held religious belief. Rules vary by state and district. Start with the parent guide. This is not legal advice.
How do I put a parental opt-out request in writing so the school has a dated record?
Use your district’s form if it has one. You can also get the form from GEI — request it on the opt-out form page, then save the PDF. Make two copies. Ask for a dated receipt. Keep one.
Can a school district limit opt-outs to state-required sex education and surveys only?
Some districts say they will honor only opt-outs already written into state sex-ed or survey rules. Whether that is enough under federal religious-liberty claims is a legal question for courts and counsel — including in cases like the Lake Washington filing, which remains allegations only. GEI does not decide that question here.
How do I get the GEI Parental Opt-Out form, and should I still use my district’s form if it has one?
Get the form at https://www.greatei.org/opt-out-form — request on the page, then save the PDF. If your district has its own form, complete that form too and attach GEI’s so your instructions are clear. The district form and GEI’s form are not the same thing.
What should I ask for if I want notice before lessons on sex, gender, or related topics?
Ask in writing for advance notice and a chance to review materials. Ask how the district handles religious opt-outs beyond any state sex-ed form. Keep copies of what you send and what you receive.
Did the Supreme Court create a blanket nationwide curriculum opt-out in Mahmoud v. Taylor?
No. Mahmoud v. Taylor (June 27, 2025, 6–3) gave parents in that case a preliminary injunction for notice and a religious opt-out from certain elementary instruction. It is not a blanket nationwide curriculum opt-out.
What is the difference between alleging a rights violation and a court ruling on the merits?
An allegation is what a plaintiff claims in a complaint. A merits ruling is what a court decides after the case is heard. As of September 15, 2026, the Lake Washington case has a filing and early docket activity — not a merits ruling.
Where can parents find a calm parent guide on religious-based opt-outs (not legal advice)?
GEI’s parent guide to religious-based opt-outs. National. Educational. Not legal advice.
Sources
PACER Monitor docket — Averkiev v. Lake Washington School District et al., 2:26-cv-03201 (W.D. Wash.) — https://www.pacermonitor.com/public/case/66674407/Averkiev_v_Lake_Washington_School_District_et_al (verified 15 Sep 2026)
Fox News (Rachel del Guidice), Sep 9, 2026 — https://www.foxnews.com/media/washington-father-sues-school-district-denying-religious-opt-out-5th-grader-lgbtq-instruction
JNS (Jessica Russak-Hoffman), Sep 10, 2026 — https://www.jns.org/news/u-s-news/school-denied-faith-based-opt-out-request-from-classroom-instruction-washington-state-father-says
Bloomberg Law (Mallory Culhane), Sep 9–10, 2026 — https://news.bloomberglaw.com/litigation/washington-school-district-sued-over-lgbtq-opt-out-policy — partial only (lead visible; body paywalled as of research); used only to corroborate filing and core allegation
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