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Feds investigating Mass. school district over student survey that referenced gender identity, sexual activity
U.S. Secretary of Education Linda McMahon called the survey “graphic, and downright inappropriate in nature.”
The U.S. Department of Education launched an investigation into Burlington Public Schools after the district allegedly failed to comply with parents’ requests to opt their children out of a survey asking about sensitive topics, the DOE announced Monday.
The survey, administered to students at Marshall Simonds Middle School and Burlington High School in March, included questions about drug and alcohol use, sexual encounters, and gender identity.
The DOE’s Student Privacy Policy Office is investigating whether BPS violated parents’ rights under the Protection of Pupil Rights Amendment, which allows parents to withdraw their children from questionnaires asking about “sensitive, private information,” the department said in a release.
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U.S. Secretary of Education Linda McMahon called the survey “graphic, and downright inappropriate in nature.”
“Parents must be the primary decision-makers in their children’s education,” said McMahon.
Complaint: An ‘egregious violation of parental and student rights’
Parents of students at Burlington Public Schools said in a complaint sent April 8 that students were administered a Youth Risk Behavior Survey “against their wills.”
The complaint, sent by the Massachusetts Liberty Legal Center and parents to the Burlington School Committee and Superintendent, said the school forced students to take the survey, even if the students did not want to.
The district notified parents on March 6 about the upcoming survey, and said students’ participation was voluntary, according to the complaint.
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However, the survey was reportedly emailed to every student at Marshall Simonds Middle School and Burlington High School on March 27.
Students were told they must take the survey, unless they were on an “opt-out list,” the complaint said.
Many students who had reportedly been opted out were not on the list, and forced to take the survey, according to the complaint.
The survey was reportedly 45 minutes long, and questioned children about “drug and alcohol use, mental health issues, sexual encounters (including whether they had been victims of sexual assault), sexual orientation and gender identity, and more,” the complaint stated.
Specific questions listed in the complaint included:
- “Which of the following best describes your sexual orientation?
- Straight or heterosexual
- Lesbian or gay
- Asexual
- Bisexual
- Pansexual
- Queer…”
- “Which of the following terms best describes your current gender identity?
- Cisgender girl or woman
- Cisgender boy or man
- Transgender girl or woman
- Transgender boy or man
- Nonbinary or genderqueer…”
- “The next question asks about sexual intercourse. Sexual intercourse includes vaginal sex which is when a penis goes inside of a vagina, oral sex which is contact between the mouth and genitals, anal sex which is when the penis goes inside an anus (butt), and use of toys or props (vaginal or anal). Have you ever had sexual intercourse?”
- “Has anyone ever done sexual things to you or forced you to do sexual things that you did not want to?”
- “During the past month, what flavors were your tobacco products? Include vape products, cigarettes, cigars, and smokeless tobacco. You can choose more than one answer.
- I have not used a tobacco product in the past month
- Fruit, alcohol, or candy flavors
- Mint, menthol, or wintergreen flavors
- Clove or spice…”
Angered parents reportedly voiced concerns at a School Committee Meeting April 1, but said in the complaint that BPS still has not taken “concrete steps to prevent future violations.”
The complaint calls for BPS staff to undergo mandatory training on PPRA requirements, BPS policies to be revised to prevent “intrusive” survey questions from being asked, and full accountability from those responsible for the incident, including their termination.
Complaint: ‘It was no accident that it happened in Burlington’
Massachusetts Liberty Legal Center, a public interest law center that defends free speech, religious liberty, and parental rights, wrote in the complaint that it is “not the first time” BPS has violated parents’ and students’ rights.
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The complaint said BPS has for years pushed “sexual, racial, and political ideologies” upon students without consulting parents.
The complaint also described how the schools allegedly blocked students from flying an anti-abortion flag on the flagpole but decorated for LGBTQ+ Pride, and allegedly 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 complaint further said BPS allegedly showed students videos “suggesting that all white people view black men as inherently dangerous” and said gender nonconforming teachers “pressured students to use pronouns for the teacher that do not match their biological sex.’’
MLLC said the educational culture at BPS “does not take parental rights seriously” and change must be made.
“While this most recent survey incident may have been a genuine accident, it was no accident that it happened in Burlington,” the complaint stated.
Independent consultant found some survey questions weren’t reviewed
Independent consultant Jeffrey M. Sankey was appointed by the district on April 16 to investigate the survey’s approval and administration process.
Sankey found that the final version of the survey contained revised definitions of “sexual intercourse” and “gender identity” that had not been reviewed or approved by the district’s Wellness Committee, his review states.
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Sankey also found that the middle school’s assistant principal neglected to send a required script to teachers.
The script, supposed to be read prior to administering the survey, alerted students that their participation was voluntary and anonymous.
Superintendent says school has taken “significant steps” to address concerns
Superintendent of Schools Eric Conti said in a statement Aug. 25 that the district will cooperate with the DOE’s investigation and has already taken “significant steps” to address reported issues.
Conti said the School Committee unanimously voted that no new student surveys will be given until a new policy is written and approved, and the YRBS survey is “not scheduled to be given again, if at all, until the Spring of 2027.”
The superintendent said the district emailed all families acknowledging the “errors and mistakes” that occurred.
“The School District previously acknowledged to the community that it was able to confirm five instances of students whose parents opted them out were allowed inadvertently to participate in the survey,” Conti wrote. “This is not a new issue, and the District has gone to great lengths to be transparent and forthcoming about the problems, unintentional as they were, with the 2025 YRBS.”
District: Survey is a ‘key tool’ for understanding students’ health and wellness needs
On the Burlington district’s website, administration said it recognized areas for improvement, specifically regarding the survey’s “opt-out process and delivery of the proctor script.”
BPS said the survey is a “key tool” in supporting students, as it identifies student wellness trends and highlights student groups who “may feel less connected or safe at school.”
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In an effort to address community concerns, BPS said it will utilize an independent consultant to review the 2025 survey’s administration and implement the consultant’s recommendations to future practices.
The YRBS survey was developed by the CDC and supported by the Mass. Department of Elementary and Secondary Education, the website said.
BPS has participated in the survey since 2012, and said it is reviewed biannually by Burlington’s Wellness Committee, which is composed of staff, administrators, parents, community members, and school committee members.
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