Department of Education: Massachusetts district’s explicit survey violated federal privacy law 

Students as young as 11 had their privacy violated through an explicit survey administered by a suburban Boston school district, the U.S. Department of Education has concluded.

Parents filed federal complaints against Burlington Public Schools after students were required to participate in the survey “against their parents’ wishes,” the Boston Herald reported.

“The survey included one question that asked students, ‘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?’”

Other topics covered in the March 2025 Youth Risk Behavior Survey included gender identity, sexual orientation, alcohol use and sexting, according to the news outlet.

“Parents must always have the final say when it comes to their children – not schools,” said Frank Miller, director of the department’s Student Privacy Policy Office, in a statement Wednesday. “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 department has proposed a resolution agreement to address the violations and threatened “imminent enforcement action” if the district, which serves about 3,500 students, fails to reach an agreement, the Herald reported.

‘Errors and mistakes did occur’

Eric Conti, the district’s superintendent, confirmed in a statement that the school system no longer has a contract with the vendor, Lahey Health, which drafted the original survey.

“We will now review the findings and the Proposed Resolution Agreement, and will respond expeditiously,” he said.

Previously, Conti acknowledged that “errors and mistakes did occur” when the survey was administered to students against their parents’ wishes, according to the Herald.

As Heartlander News previously reported, Burlington Public Schools has faced earlier criticism over what observers described as a disregard for parental rights.

“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,” said Sam Whiting in an email on behalf of the Massachusetts Liberty Legal Center.

“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.”