Today, the U.S. Department of Education’s Student Privacy Policy Office (SPPO) initiated an investigation into Burlington Public Schools in Burlington, Massachusetts for allegedly failing to comply with parents’ written requests to opt their children out of a survey that asked students questions about sensitive topics, including drug and alcohol use, sexual encounters, and “gender identity.” These actions potentially violate parents’ rights under the Protection of Pupil Rights Amendment (PPRA), which allows parents to recuse their children from participating in school surveys or questionnaires that ask students certain sensitive, private information.
Several complaints submitted to SPPO allege that despite opting their children out of a 2025 “Youth Risk Behavior Survey,” or out of all surveys administered by the school, parents discovered that the district nonetheless administered the survey to their children.
“Parents must be the primary decision-makers in their children’s education. The allegations that Burlington violated parents’ rights by administering a survey against parents’ wishes – and particularly one that is graphic, and downright inappropriate in nature – is unconscionable,” said U.S. Secretary of Education Linda McMahon. “The Department will investigate this matter thoroughly and continue to resolutely defend parents’ rights.”
Background:
According to the complaint, Burlington administered a 2025 “Youth Risk Behavior Survey,” which included questions that are particularly sensitive and private, as well as sexually explicit, in nature.
PPRA is a federal privacy law enforced by the Department’s SPPO. PPRA gives parents notice and opt-out rights when a school administers surveys or questionnaires asking students for certain sensitive, private information about students and their families.