Federal investigation launched against Massachusetts school district for disregarding parental consent

The U.S. Department of Education opened an investigation into Burlington Public Schools (BPS) on Monday for violating parent rights.

The Massachusetts district allegedly administered a survey to all students, gathering sensitive information and disregarding some parents’ requests to opt out.

Teachers distributed the 2025 Youth Risk Behavior Survey to roughly 2,000 students at Marshall Simonds Middle School and Burlington High School on March 27, according to an email written by Sam Whiting on behalf of the Massachusetts Liberty Legal Center. The survey included questions about personal topics such as gender identity, sexual encounters and drug use, and also provided graphic descriptions of mature topics including sexual intercourse.  

The schools notified parents of the survey on March 6 and informed them of their right to opt their child out through an online form. However, many students whose parents opted out reportedly weren’t included in the final opt-out list and had to take the survey anyway.  

“Parents must be the primary decision-makers in their children’s education,” said U.S. Secretary of Education Linda McMahon. “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 – is unconscionable.” 

In a statement, the district said the survey was voluntary and students could stop participation at any time. However, teachers reportedly told students the survey was required. When one student protested, a teacher made her take it anyway, Whiting reported.  

The school’s actions potentially violate the Protection of Pupil Rights Amendment (PPRA). This federal law allows parents to decline school survey participation on behalf of their children and requires parental consent for any mandatory surveys.  

This isn’t the first instance of Burlington Public Schools infringing on parents’ rights, according to Whiting.  

“Under the guise of ‘inclusion’ and ‘anti-bullying,’ BPS has for years pushed controversial and divisive sexual, racial, and political ideologies upon impressionable students without providing parents with an opportunity to opt their children out,” he said. “BPS has gone all-out to celebrate ‘LGBTQ+ Pride,’ decking the halls at school with flags and posters, while denying pro-life students the opportunity to fly the pro-life flag on the school flagpole for even a day in January 2024.” 

Burlington Public Schools partnered with Lahey Health to create the youth survey and has participated in the study since 2012. The questionnaire utilizes survey questions from the CDC and is reviewed biannually by the Burlington Wellness Committee. None of the program’s funding comes from local budget resources. The survey’s finances primarily come from external grants and state funds. 

The affected families are demanding that those responsible for the incident are held responsible, Burlington Public Schools policies to be revised, and all staff undergo mandatory training on the parent rights stated in PPRA, Whiting said.  

In response, Burlington Public Schools plans to implement changes as recommended by an independent consultant appointed to review the 2025 survey.  

“We want to see BPS succeed,” Whiting said. “But BPS’s students are best served when their parents are involved in their education. Unfortunately, BPS has too often attempted to cut parents out of the picture. This must end.”