School district’s ‘highly personal’ race, sex, religion survey of students violates parents’ rights, DOE rules

New Jersey K-12 students were given a race, sex and religion survey so intrusive that even the Biden Department of Education says it violated parents’ rights.

In a July 26 ruling, the U.S. Department of Education found the Cedar Grove School District violated the federal Protection of Pupil Rights Amendment (PPRA), which governs the administration of student surveys where federal funding is present.

Although the DOE didn’t open an investigation for a year – until the insistence of America First Legal (AFL) – a PPRA complaint was filed with the department in 2021 by six parents who said the district administered a “highly personal” survey of students in grades 3-12 without giving parents the required prior notice or opt-out option.

The survey included questions “about same-sex unions, religious affiliation, gender identity and race/ethnicity.” 

Students also were asked if their school was “a safe place” for their “race/ethnic group,” if “adults in your school are fair in dealing with your particular racial/ethnic group” and if “adults in your school are fair in dealing with people not in your particular racial/ethnic group.” 

Even after AFL stepped in, prompting a belated DOE investigation with a letter of demand and filing several Freedom of Information Act requests, AFL felt compelled to intervene further, this time suing the Biden administration. In its lawsuit, AFL argued the feds’ failure to adjudicate the case in a timely manner further violated the parents’ PPRA rights. 

Now, almost three years later, the DOE has sided with the parents, finding the district did indeed fail to give the proper notice and opt-out options. 

“Because the high school survey asked questions relating to ‘religious affiliation’ and ‘income,’ PPRA required the district to directly notify the parents of high school students of the high school survey in advance of its administration to such students and to provide those parents an opportunity to opt their children out of participation in the high school survey,” the DOE’s ruling reads. 

“Because the district sent notice of the high school survey to parents on the same day it was administered, and the notice did not contain language offering parents an opportunity to opt their children out of the survey, the district did not satisfy the requirements of [the PPRA]. Consequently, we find the district violated PPRA in regard to its administration of the high school survey.” 

Notably, the DOE stopped short of finding the elementary and middle school surveys in violation of the PPRA. The reasoning, it said, is the elementary and middle school surveys didn’t include the religious affiliation or family income questions.  

However, all of the surveys included gender identity questions. And while the DOE hasn’t provided formal guidance regarding gender identity questions under the PPRA, it did note those questions violate New Jersey state law. 

Citing that law, the DOE has banned the district from including similar questions in future surveys “without prior written parental consent.” 

The ruling is a huge victory for parental rights, AFL says, while vowing to continue its battle to protect parents’ right to control their children’s education. 

“We are proud to stand with the brave and determined parents of Cedar Grove School District to spur a reluctant Department of Education to investigate Cedar Grove’s blatant violation of the Protection of Pupil Rights Amendment,” AFL Senior Adviser Ian Prior said in the organization’s press release.  

“The investigation made clear what we have known for over two years — Cedar Grove violated federal law by administering surveys to children on sensitive topics without providing parents with the ability to opt their children out of those surveys. 

“The Department of Education also made clear that Cedar Grove cannot distribute to students surveys asking about gender identity without providing parental opt-out notification. We look forward to continuing to fight for parents across America who demand a seat at the table when it comes to their children’s education.” 

According to the DOE, the PPRA “governs the administration to students of a survey, analysis, or evaluation that concerns one or more of the following eight protected areas: 

1. political affiliations or beliefs of the student or the student’s parent; 

2. mental or psychological problems of the student or the student’s family; 

3. sex behavior or attitudes; 

4. illegal, anti-social, self-incriminating, or demeaning behavior; 

5. critical appraisals of other individuals with whom respondents have close family relationships; 

6. legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers; 

7. religious practices, affiliations, or beliefs of the student or student’s parent; or 

8. income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program).”