Federal investigation finds Burlington schools violated the law over ‘graphic’ student survey
Local News
The investigation concluded the district improperly required students to participate in a survey containing sensitive sexual questions, despite their parents’ wishes.
Feds investigating Mass. school district over student survey that referenced gender identity, sexual activity
The U.S. Department of Education’s Student Privacy Policy Office has concluded that Burlington Public Schools violated a federal parental rights law by requiring students to complete a survey with sensitive sexual questions after some parents asked that their children be excluded.
In findings released Wednesday, the department said the district failed to honor parents’ requests to opt their children out of the survey. The questionnaire asked students, including some as young as the seventh grade, about topics such as sexual activity, drug and alcohol use, and gender identity.
“Parents must always have the final say when it comes to their children — not schools,” Frank Miller, director of the Student Privacy Policy Office, said in a statement. “We will not stand idly by as schools violate federal law, disregard parents’ clear instructions, and expose young students to disturbing information and invasive questions.”
Miller added that the Trump administration will “always enforce parental rights laws and hold school districts accountable.”
U.S. Secretary of Education Linda McMahon previously called the survey “graphic, and downright inappropriate in nature.”
District acknowledges mistake
The district acknowledged that it administered the 2025 “Youth Risk Behavior Survey” to five students despite receiving opt-out notices from their families.
On its website, the district said the survey is a key tool in supporting students, as it identifies student wellness trends and highlights student groups who “may feel less connected or safe at school.”
In a statement released last year, Superintendent of Schools Eric Conti said the district would cooperate with the DOE’s investigation and already took “significant steps” to address the reported issues.
The School Committee voted to issue no new surveys until a new policy is written and approved. The YRBS survey is currently not scheduled to be given again, if at all, in Burlington until the spring of 2027.
The superintendent did not immediately respond to a request for comment on the DOE’s conclusion.
What’s next
As part of the resolution, the district must provide all parents with a copy of the 2025 survey so families can review its contents and discuss the questions with their children.
Burlington Public Schools must also send an apology letter from the superintendent to the families who filed the complaints, update its districtwide policies to comply with federal parental rights laws, and submit any future student surveys containing sensitive or explicit questions to the U.S. Department of Education for review.
The Protection of Pupil Rights Amendment gives parents notice and opt-out rights when a school administrator surveys, evaluates, or administers questionnaires asking students for certain sensitive, private information about students and their families.
Under the amendment, parents must be notified before any medical examinations or mental health screenings.
It also gives parents the right to review all school curriculum and education programming upon request.
Violations of the amendment can result in termination of an educational entity’s federal funding.
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