The U.S. Department of Education’s Student Privacy Policy Office determined on July 29 that Burlington Public Schools in Massachusetts violated the Protection of Pupil Rights Amendment by requiring student participation in a survey containing sensitive, sexually explicit questions after parents requested their children not partake.
The office found that the district ignored parents’ requests to opt their children out of a survey that asked students as young as seventh graders explicit questions about sexual encounters, drug and alcohol use, and gender identity. This was deemed a violation of federal law and parents’ authority over their children’s moral education.
“Parents must always have the final say when it comes to their children – not schools,” said Frank Miller, Director of the Student Privacy Policy Office. “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. The Trump Administration will always enforce parental rights laws and hold school districts accountable when they fail to comply.”
The district admitted it administered the 2025 Youth Risk Behavior Survey despite receiving opt-out notices from several families. The Student Privacy Policy Office has proposed a Resolution Agreement for voluntary compliance with federal law. If an agreement is not reached, enforcement action may follow. The proposal requires corrective actions such as sending all parents copies of the 2025 survey questions, issuing apology letters from the superintendent to families who filed complaints, ensuring policies comply with parental rights laws, and submitting future surveys for departmental review.
An investigation into Burlington Public Schools began in August 2025 following claims that parental opt-out requests were ignored regarding a survey with inappropriate questions in violation of PPRA. The complaint alleged that Burlington administered a 2025 Youth Risk Behavior Survey including sexually explicit and highly sensitive questions about gender identity.
PPRA is enforced by the Student Privacy Policy Office and provides notice and opt-out rights for surveys or evaluations seeking sensitive information from students or families. It also requires notification before medical exams or mental health screenings are conducted at school and grants parents access to review curriculum upon request.