The U.S. Department of Education’s Student Privacy Policy Office announced on July 28 that it has launched investigations into Bethel School District in Washington and Denver Public Schools in Colorado for alleged violations of the Protection of Pupil Rights Amendment. The Department’s Office for Civil Rights will also determine whether Denver Public Schools violated Title IX of the Education Amendments of 1972.
The investigation into Bethel School District follows reports that a high school exposed students to vials of testosterone as part of a Pride Month display in June. Local police removed the display due to concerns about restricted drugs being left unattended near minor students. The Department said these reports raise concerns about whether teachers or administrators encouraged students to undergo medical procedures without parental consent, whether parents were allowed to view instructional materials upon request, and if parents were given opportunities to opt their children out of surveys or evaluations requiring parental consent.
In Denver Public Schools, the Department is investigating incidents at a high school where a teacher allegedly required students of the same sex to kiss each other as part of a class assignment. The investigation will focus on whether parents were notified about this evaluation, if opt-outs or complaints were ignored, and whether the district responded appropriately under Title IX requirements.
Frank Miller, Director of the Student Privacy Policy Office, said, “Shocking reports from across the country indicate that our kids are being subjected to inappropriate material, surveys, and events in schools, and parents’ fundamental right to review such materials and opt their children out of these suggestive activities appear to be disregarded in the process. Parents must be the decision-makers in matters impacting the most intimate parts of their children’s lives. Parents – not school officials – know best when it comes to their children. SPPO will thoroughly investigate these reports, and any similar reports, to protect parental rights and authority in education.”
Assistant Secretary for Civil Rights Kimberly Richey said, “Schools have an obligation to prevent and address sexual assault. Yet in Colorado, school personnel are alleged to have compelled the sexual assault of minor students by forcing them to engage in blatantly sexualized conduct in class. It is abhorrent and the Trump Administration will fully investigate this perverse incident to protect students’ safety and vigorously uphold students’ rights across America.”
According to background provided by the Department, PPRA gives parents notice and opt-out rights regarding sensitive surveys or evaluations administered by schools; it also allows parents access upon request to all curriculum materials. Title IX prohibits discrimination based on sex within educational programs receiving federal funds; violations can result in termination of funding.