A Massachusetts school district is facing threatened federal enforcement after officials found it violated parents’ rights by requiring students to complete a sexually explicit health survey despite some families’ opt-out requests. The case puts Burlington Public Schools at the center of a growing national fight over who gets the final say in sensitive questions asked inside classrooms.
The U.S. Department of Education has proposed an agreement that would require Burlington to apologize to the parents who filed complaints, bring district policies into compliance with federal parental-rights law and submit future surveys for federal review, according to the Boston Herald. Federal officials have warned that the district could face imminent enforcement action if it does not reach an agreement.
The dispute stems from a 2025 Youth Risk Behavior Survey administered to students at Marshall Simonds Middle School and Burlington High School. The survey included questions about sexual intercourse, sexual orientation, gender identity, sexting, sexual assault experiences, alcohol and tobacco use, and other personal topics, while complaints alleged that some students were told to take it even after their parents had opted them out.
The Education Department opened its investigation in August 2025 after receiving complaints that Burlington had not honored written opt-out requests. In its initial announcement, the agency said the allegations potentially violated the Protection of Pupil Rights Amendment, or PPRA, a federal law that gives parents notice and opt-out rights for surveys covering certain sensitive information, as reported by the U.S. Department of Education.
Burlington Says The Survey Process Has Changed
Burlington Public Schools now acknowledges that the 2025 survey had problems with its opt-out process and the instructions given to staff. The district says it has hired an independent consultant, provided information to its Wellness Committee and is implementing recommendations intended to prevent a repeat, according to the district’s YRBS information page.
The district also says the survey is anonymous and voluntary, that parents may opt their children out and that students may stop participating at any time. Burlington has administered a local version of the survey since 2012, using the results to guide counseling, health programming, student services and community partnerships.
The Legal Stakes For Burlington Families
Under the PPRA, schools receiving federal funding must provide parents notice and an opportunity to opt out when surveys ask about topics such as mental or psychological problems, sex-related behavior or illegal and self-incriminating conduct. The Education Department says districts that fail to comply can face investigations and, in some circumstances, the loss of federal funding; the agency’s student-privacy office outlines the law and related model notices through its PPRA guidance.
Massachusetts separately conducts a statewide Youth Risk Behavior Survey with the CDC and Department of Public Health, but the state education department says local district surveys are separate programs and are not administered or monitored by the state. Burlington officials said Wednesday they would review the federal findings and proposed agreement and respond expeditiously, while the district’s posted materials say the survey administration is already being reviewed and revised.
