Over the last weekend in March, disturbing reports emerged from Burlington Public Schools (BPS). Parents alerted us that their middle and high school students had been given a sexually explicit survey at school. Even more troubling, multiple students whose parents had intentionally opted them out were forced to take the survey anyway.
The survey included shockingly graphic content, asking students:
- Which of the following best describes your sexual orientation?
- Which of the following terms best describes your current gender identity?
- Sexual intercourse includes vaginal sex which is when a penis goes inside of a vagina, oral sex which is contact between the mouth and genitals, anal sex which is when the penis goes inside an anus (butt), and use of toys or props (vaginal or anal). Have you ever had sexual intercourse?
Additional questions touched on mature issues such as substance use, sexual violence, and other sensitive topics.
Rightfully, parents were livid. Not only were these graphic and leading questions wildly inappropriate for students as young as 6th grade, but the blatant disregard for parental opt-out requests was a serious violation of trust and parental rights. At the April 1st school committee meeting, outraged parents showed up with a clear message: exposing our children to this survey was unacceptable, and we demand accountability.
One mother described how her 6th-grade son with special needs came home visibly upset by the survey questions. Another mother stated that even though her son was successfully opted out of the survey, it was still shown to him by a friend who didn’t understand some of the unfamiliar and graphic terms. Her son, who didn’t understand the references either, suggested that they “Google it” – potentially exposing both children to adult material on the internet.
Watch powerful parent testimony from that meeting below:
As soon as MFI learned of this situation, MFI’s legal center, Massachusetts Liberty Legal Center (MLLC), stepped in to support the parents. What happened in Burlington wasn’t just wrong—it was illegal. By forcing students to take this graphic survey against their parents wishes, the district hadn’t only upset parents, violated their parental rights, and exposed children to confusing sexual content, it also violated the Protection of Pupil Rights Amendment (PPRA), a federal law protecting students from being surveyed on sensitive topics without parental consent.On Tuesday, MLLC attorney Sam Whiting sent a formal legal letter to the BPS superintendent and school committee, outlining the PPRA violations and demanding corrective action. MLLC also submitted multiple formal PPRA complaints to the U.S. Department of Education’s Student Privacy Policy Office on behalf of parents whose children were subjected to the survey in direct violation of their opt-out requests. Read the legal letter from MLLC and two of the PPRA complaints below.
The Burlington School Committee held another meeting on Tuesday evening. Once again, exasperated parents filled the room to speak boldly in defense of their children and call for accountability. At the April 1st meeting, the committee chair assured parents that the next agenda would include items addressing the situation with potential policy changes. However, at this week’s meeting, the committee merely referenced reviewing policies from other districts and drafting a new one for Burlington without offering any clear pledge to parents on when a decisive vote would take place.
One principled committee member urged his colleagues to act, stating that if they make a promise to parents, they must follow through on it. He further emphasized that the reason the committee is in conflict with concerned parents is because it has not consistently honored its commitments.
During the meeting, the committee did unanimously vote to suspend all student surveys until a new policy is adopted and also voted to remove all funding for JSI, the survey provider, from the upcoming budget. While these were positive steps, many parents felt the actions didn’t go far enough. One parent even called for Superintendent Conti’s resignation, expressing the deep frustration and lack of trust now felt by many in the community. We commend the Burlington parents for their persistence, courage, and unwavering advocacy for their children. Watch their compelling comments below.
We are proud to stand with the Burlington parents and commend their advocacy. MFI will keep you updated on this story, and MLLC will continue to support Burlington parents until real accountability is achieved and lasting policy safeguards are in place to ensure this never happens again.
If you are a Burlington parent impacted by this PPRA violation and would like assistance filing a federal PPRA complaint, contact MLLC today, at [email protected], or 774-462-7043.
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