The U.S. Department of Education has launched an investigation into Burlington Public Schools over a student survey that included questions about sexual activity, gender identity, and other personal topics.

The survey, administered in March to students at Marshall Simonds Middle School and Burlington High School, included questions on drug and alcohol use, mental health, sexual encounters, sexual orientation, and gender identity. Parents say that their children were forced to take the survey even though some attempted to opt out, potentially violating federal law.

The federal Department of Education’s Student Privacy Policy Office is examining whether the district violated the Protection of Pupil Rights Amendment, which requires schools to honor parents’ rights to withhold their children from surveys that ask about private matters.

U.S. Secretary of Education Linda McMahon criticized the survey.

“It is graphic, and downright inappropriate in nature,” McMahon said in a press release. “Parents must be the primary decision-makers in their children’s education.”

A complaint filed April 8 by the Massachusetts Liberty Legal Center and several parents described the incident as “an egregious violation of parental and student rights.”

According to the complaint, students were told they must take the Youth Risk Behavior Survey unless their names appeared on an opt-out list. Parents said some students who had been opted out were still required to participate.

The 45-minute survey reportedly asked children questions such as: “Which of the following best describes your sexual orientation?”; “Which of the following terms best describes your current gender identity?”; and “Have you ever had sexual intercourse?”

Additionally, the survey explained anal sex to children, asking, "Have you ever had 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 a penis goes inside an anus (butt), and use of toys or props (vaginal or anal)."

The complaint also cited a question asking whether students had ever been forced to perform sexual acts against their will.

At an April 1 meeting of the Burlington School Committee meeting, parents raised concerns about the survey. However, the complaint filed by the Massachusetts Liberty Legal Center alleges the district has not taken “concrete steps to prevent future violations.” It calls for mandatory staff training, a revision of policies, and accountability for staff responsible, including possible firings.

The Massachusetts Liberty Legal Center argued that the school district’s actions concerning the survey are part of a broader pattern.

“While this most recent survey incident may have been a genuine accident, it was no accident that it happened in Burlington,” the complaint said. It accused the district of years of pushing “sexual, racial, and political ideologies” on students without parental consent.

Independent consultant Jeffrey M. Sankey, who was hired by the school district in April, found that the final version of the survey included revised definitions of “sexual intercourse” and “gender identity” that had not been reviewed by the district’s Wellness Committee. He also found that a required script informing students that participating in the survey was voluntary was never provided to teachers.

Superintendent Eric Conti said the school district has acknowledged errors and is cooperating with the federal investigation.

“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 said in a written statement on Monday, August 25. “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.”

Conti said the School Committee unanimously voted on April 8 to suspend all new student surveys until a new policy is written and approved. He also noted that the Youth Risk Behavior Survey is “not scheduled to be given again, if at all, until the Spring of 2027.”

Massachusetts Liberty Legal Center general counsel Sam Whiting welcomed the federal probe.

"We applaud the DOE for taking this step to hold Burlington accountable and expect the investigation will confirm violations of federal law, requiring swift corrective action," Whiting told NewBostonPost via email. "We continue to call on the School Committee to end the Youth Risk Behavior Survey, adopt an opt-in policy, and hold Superintendent Eric Conti and other responsible staff accountable."

The Youth Risk Behavior Survey was developed by the U.S. Centers for Disease Control and Prevention and supported by the Massachusetts Department of Elementary and Secondary Education. Burlington has administered it every other year since 2012, according to the school's web site.