The Department of Education has launched a formal investigation into Burlington Public Schools in Massachusetts, following parents’ accusations that the district ignored their opt-out requests and forced students to participate in the 2025 Youth Risk Behavior Survey (YRBS).
The probe, initiated by the Department’s Student Privacy Policy Office (SPPO), is investigating potential violations of the Protection of Pupil Rights Amendment (PPRA). This federal law guarantees parents the right to exempt their children from surveys that ask for sensitive, private information.
The YRBS, administered to students at Marshall Simonds Middle School and Burlington High School in March, included explicit questions on topics like drug and alcohol use, mental health, sexual encounters, sexual orientation, and “gender identity.”
Parents were notified in advance about their opt-out rights, and several submitted written requests to exclude their children from the survey. Despite this, the district allegedly required the opted-out students to take it anyway, with at least one teacher reportedly forcing a student to participate over clear objections.
Screenshots of the survey questions, provided in a complaint filed by the Massachusetts Family Institute (MFI) and parents, reveal the invasive nature of the content.
Examples include:
- Questions on sexual orientation, with options like “straight,” “lesbian,” “gay,” “asexual,” “bisexual,” “pansexual,” and “queer.”
- Gender identity queries, asking students if they identify as “cisgender girl/woman,” “cisgender boy/man,” “transgender girl/woman,” “transgender boy/man,” or “nonbinary/genderqueer.”
- Explicit details on sexual intercourse, defining it to include “vaginal, oral, and anal sex” and the use of “toys or props.”
- Inquiries about forced sexual acts and the age of first alcohol consumption, with options as young as “8 years old or younger.”
- Flavors of tobacco products used, such as “fruit,” “alcohol,” “candy,” “mint,” “menthol,” “wintergreen,” “clove,” or “spice.”
These questions were deemed “graphic and downright inappropriate” by U.S. Secretary of Education Linda McMahon, who blasted the district’s actions.
“Parents must be the primary decision-makers in their children’s education. 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,” said U.S. Secretary of Education Linda McMahon in a press release about the case. “The Department will investigate this matter thoroughly and continue to resolutely defend parents’ rights.”
The complaint, detailed in a letter by Sam Whiting, Counsel at Massachusetts Liberty Legal Center, on behalf of parents, highlights Burlington’s alleged history of pushing radical ideologies without opt-out options. It references past incidents, such as promoting LGBTQ+ Pride celebrations, racial views, and gender-nonconforming teacher pronoun use, while hiding information like an LGBTQ club from parents.
The letter states:
“Ordinarily, a school district that failed to comply with the PPRA might be given some leeway – federal law can be complex and compliance is, understandably, not always perfect. But this is not the first time that Burlington Public Schools have violated the rights of parents and students. 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. 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. It has shown students videos suggesting that all white people view black men as inherently dangerous. ‘Gender nonconforming’ BPS teachers have pressured students to use pronouns for the teacher that do not match their biological sex. BPS has attempted to hide the existence of an LGBTQ club from parents in order to keep them in the dark about their children’s sexuality. The list could go on.”
The letter demands accountability, including potential termination for responsible staff, revised policies to avoid intrusive surveys, and mandatory PPRA training.
Burlington Superintendent Eric Conti responded to the investigation in a statement obtained by Campus Reform, saying the district “will cooperate fully with the investigation and will respond within the time required.” He added that they look forward to resolving the matter and implementing any necessary policy changes to protect students’ rights.
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