Massachusetts School District Violated Student Privacy Rights On Survey, Federal Officials Rule

A Massachusetts school district violated federal law when it required middle school students to complete a survey asking about drug use, sex, and gender identity after their parents explicitly opted them out, federal officials announced this week.

The U.S. Department of Education’s Student Privacy Policy Office found that Burlington Public Schools failed to comply with the Protection of Pupil Rights Amendment during its 2025 administration of the Youth Risk Behavior Survey. The questionnaire was given to students as young as seventh grade.

According to the department, district officials admitted to administering the survey despite receiving opt-out notices from several families.

To resolve the violations without formal enforcement action, federal officials offered the district a voluntary Resolution Agreement. Under the proposal, the school superintendent must send written apologies to the families who filed complaints.

The district would also have to mail copies of the improperly administered survey questions to all parents, align its policies with federal law, and submit any future surveys containing sensitive questions to the federal government for review prior to distribution.

If the district fails to agree to the terms, it risks formal enforcement action. Violations of the Protection of Pupil Rights Amendment can result in the loss of federal funding.

“Parents must always have the final say when it comes to their children – not schools,” said Frank Miller, Director of the Student Privacy Policy Office. “We will not stand idly by as schools violate federal law, disregard parents’ clear instructions, and expose young students to disturbing information and invasive questions. The Trump Administration will always enforce parental rights laws and hold school districts accountable when they fail to comply.”

The department first opened its investigation into Burlington Public Schools in August 2025 following parental complaints.

The Protection of Pupil Rights Amendment is a federal law that grants parents notice and opt-out rights whenever a school administers surveys or evaluations asking students for sensitive private information. The law also covers medical examinations, mental health screenings, and grants parents the right to review school curriculum upon request.

The finding against Burlington Public Schools was announced alongside broader Department of Education actions focused on enforcing federal parental rights laws.