Dept of Ed investigates Massachusetts school district for violating parental opt-out rights
The U.S. Department of Education has launched an investigation into Burlington Public Schools in Burlington, Massachusetts after parents alleged the district forced students to take a controversial survey despite written opt-out requests.
The survey asked students questions about if they identify as 'male, female, a mix or both, or neither.'
The U.S. Department of Education has launched an investigation into Burlington Public Schools in Burlington, Massachusetts after parents alleged the district forced students to take a controversial survey despite written opt-out requests.
The probe, announced by the department’s Student Privacy Policy Office (SPPO) on Aug. 25, focuses on the district’s administration of the 2025 Youth Risk Behavior Survey, which asked students questions about sexual behavior, drug and alcohol use, and gender identity.
Parents say the school district ignored written requests to exempt their children from the survey, potentially violating the federal Protection of Pupil Rights Amendment (PPRA).
The complaint, filed with SPPO and released publicly by the Massachusetts Family Institute, includes screenshots of the survey and a letter outlining parental objections. Parents also claim the school district disregarded requests to opt their children out of all surveys.
One question on the survey asked students about their “gender identity.” The survey dictated that students can see themselves as “a male, female, a mix or both, or neither.”
The question offered students “helpful terms” they could use to describe themselves.
”’Genderqueer’ describes people whose gender doesn’t match traditional roles,” the form said. “Many genderqueer people use pronouns like ”they/them.”
The survey also told students their “gender identity” can be different from the sex assigned to them at birth.
“Parents must be the primary decision-makers in their children’s education,” Education Secretary Linda McMahon said in a press release.
“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 – are unconscionable,” she continued. ”The Department will investigate this matter thoroughly and continue to resolutely defend parents’ rights.”
On Aug. 26, Burlington Superintendent of Schools Eric Conti issued a statement saying that the district “will cooperate fully with the investigation and will respond within the time required.”
”The Burlington Public Schools looks forward to resolving this matter with the federal government and to implementing the forthcoming amended policies that continue the goal of improving the protection of all students’ rights,” he wrote.
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The PPRA requires parental consent or opt-out rights for surveys covering sensitive topics such as mental health, family life, and sexual behavior. The department’s SPPO enforces the law, which is designed to safeguard student privacy and parental authority.
The Department of Education has not given a timeline for the investigation but pledged to pursue it “thoroughly.”
Campus Reform has reached out to Burlington Public Schools and the U.S. Department of Education for comment. This article will be updated accordingly.
