3 Ways New Teachers Union Contracts Can Respect Families and the Law

As school districts and teachers unions across the country enter a new round of contract negotiations, one thing is clear: Parents are paying attention. They’re reading the fine print. And they’re increasingly alarmed to discover that many collective bargaining agreements—which should be focused on wages, working conditions, and student achievement—are instead being used to embed divisive ideology and sidestep parental rights.

Recently, in one such example, concerned parents sent a letter to Denver Public Schools urging the removal of politicized diversity, equity, and inclusion mandates from its upcoming union contract. Among the concerns: race-based mentoring programs, mandatory ideological training for staff, and other initiatives that prioritize identity politics over academic outcomes.

These are not minor provisions; they represent a broader trend of using labor contracts as vehicles to secure activist agendas in schools.

But criticizing what’s wrong isn’t enough. It’s time to articulate what a better contract could look like—one that affirms educational excellence, respects parents, and upholds the law. Here are three constructive priorities that should be included in future collective bargaining agreements:

1. Affirm Federal Title IX Law as Originally Written

Title IX was passed to protect students and staff from sex-based discrimination in education. It is a civil rights landmark—designed to ensure that girls and boys alike have equal access to academic and scholastic athletic opportunities. But in recent years, this statute has been stretched far beyond its original meaning.

Teachers union contracts should affirm a clear and accurate interpretation of Title IX. That means protecting all students from harassment while also safeguarding the integrity of women’s sports and the rights of students to maintain sex-separated spaces like locker rooms and bathrooms.

The Biden administration’s attempted redefinition of sex to include gender identity sparked backlash across the country, but even then, teachers unions nationwide managed to stop states from maintaining sex-separated sports teams. Unions should do a complete 180 on this issue and assert Title IX as it was written and originally intended.

2. Respect the Right of Parents to Opt Out of Gender and Sexuality Content

In Mahmoud v. Taylor, parents challenged a school district over its refusal to let families opt out of instruction related to gender identity and sexual orientation in elementary classrooms. The Supreme Court ruled in favor of religious parents’ right to opt their children out of such controversial instruction. 

Future collective bargaining agreements should affirm this simple principle: Religious parents have the right to opt their children out of age-inappropriate or controversial instructional materials—especially those related to LGBTQ+ ideology in grades K-5.

That’s not discrimination. It’s respecting parental authority to direct the education and upbringing of their children.

American Federation of Teachers President Randi Weingarten even accepted this, while National Education Association President Becky Pringle called the ruling “a direct attack on our democracy.” A respectful union contract would explicitly support families’ freedom of conscience in public education.

3. Guarantee Parental Notification and Opt-Out Rights for Student Surveys

Too often, schools administer invasive surveys to students with questions on sexual activity, drug use, mental health, and religious beliefs—without ever informing parents. This violates federal law (namely the Protection of Pupil Rights Amendment) and erodes trust between families and schools.

Most times, schools’ failure to offer opt-out forms to parents is just ignorance of federal law. But in 2023, the Jefferson County Education Association told teachers in Colorado to conduct invasive student surveys as “a paper and pencil activity,” seemingly so that they easily could be hidden from parents or destroyed. And ignorance of federal obligations is never an excuse.

Collective bargaining agreements should require that school districts notify parents in advance of any non-academic surveys and provide them with a clear and easy way to opt out. Such a provision would build transparency and ensure schools remain accountable to the communities they serve.

The upcoming agreement between Denver Public Schools and the Denver Classroom Teachers Association is a wake-up call, but it can also be a turning point. Instead of locking in ideology, collective bargaining agreements should elevate educational basics, affirm the rule of law, and restore trust with the families they serve.

A better contract is not only possible—it’s necessary. Let’s start writing it.

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