New Jersey school district violated parental rights by forcing students to take ‘equity,’ ‘diversity,’ and ‘gender’ surveys without ‘opt out’ option

Six parents had filed PPRA complaints with the Department of Education in 2021 saying that the district had not provided prior notice and did not obtain parental consent before giving students surveys with questions about same-sex marriages, gender identity, race and ethnicity, and religious affiliation.

The surveys also asked whether the school was a "safe space" for the survey-taking student’s "race/ethnic group," whether "adults in your school are fair in dealing with your particular racial/ethnic group," and whether "adults in your school are fair in dealing with people not in your particular racial/ethnic group."

The Department of Education did not act on these complaints for over a year. America First Legal issued a demand letter to the department and filed multiple Freedom of Information Act requests, and the Department of Education two months later opened an investigation. AFL then sued the Department of Education after additional months of delay, arguing that the department’s failure to investigate in a timely fashion had "nullified the parents’ PPRA rights."

On July 26, 2024, the Department of Education issued its findings to the school and concluded that it had violated the law.

In a letter to Ceder Grove Schools Superintendent Anthony Grosso, Deputy Director of the Student Privacy Policy Office Frank Miller wrote, "Because the High School Survey asked questions relating to 'religious affiliation’ and 'income,' PPRA required the District to directly notify the parents of high school students of the High School Survey in advance of its administration to such students and to provide those parents an opportunity to opt their children out of participation in the High School Survey."

"The High School Survey was administered to students on June 9, 2021. That same day, the District emailed families of District students to ask that they 'share [their] thoughts in a needs assessment’ and to inform them that the surveys would be sent to 'families, staff, and students.' The June 9, 2021, email did not contain language offering parents an opportunity to opt their children out of the High School Survey."

Miller wrote that the district did not provide evidence that it had provided parents the opportunity to opt their child out on any other day leading up to its administration, and therefore "did not satisfy the requirements of 20 U.S.C. §§ 1232h(c)(2)(A)(ii) and (c)(2)(B)."

"Consequently, we find the District violated PPRA in regard to its administration of the High School Survey."

Similar surveys issued to elementary school and middle school students did not contain questions related to "religious affiliation" or "income" like the high school survey did, the letter stated. While some parents had taken issue with "gender identity" being included on the surveys, Miller wrote that "to date the Department has not issued formal guidance or regulations that would clarify the applicability of PPRA to such questions."

The letter noted, however, that the New Jersey Commissioner of Education had concluded that questions regarding "gender identity," without prior written parental consent, violated state law.

"Before closing an investigation where we have found a violation has occurred, this Office regularly requires an LEA [local educational agency] to provide assurance that it has addressed the violation and taken action to facilitate compliance with PPRA’s requirements moving forward. Corrective measures could include requiring an LEA to inform appropriate school officials of or otherwise train them on PPRA’s requirements, review its policies and procedures to ensure that they comply with PPRA, and provide written assurance that the LEA complies with PPRA."

The district, at the order of the New Jersey Assistant Commissioner of Education, destroyed the surveys and results, and staff and faculty were required to undergo trainings on the requirements of PPRA.

"While this Office appreciates the actions taken by the District thus far, this Office requires additional assurances that the District has taken action to facilitate ongoing compliance with PPRA’s requirements, at least insofar as those requirements differ from New Jersey state law, before the investigation can be closed," Miller wrote, requiring from the district a copy of the annual parents’ notice regarding rights under PPRA, an updated version of a school board policy regarding student surveys, and documentation that the district staff will be trained on PPRA.

America First Legal Senior Advisor Ian Prior said in a statement, “We are proud to stand with the brave and determined parents of Cedar Grove School District to spur a reluctant Department of Education to investigate Cedar Grove’s blatant violation of the Protection of Pupil Rights Amendment. The investigation made clear what we have known for over two years — Cedar Grove violated federal law by administering surveys to children on sensitive topics without providing parents with the ability to opt their children out of those surveys.

"The Department of Education also made clear that Cedar Grove cannot distribute to students surveys asking about gender identity without providing parental opt-out notification. We look forward to continuing to fight for parents across America who demand a seat at the table when it comes to their children’s education,” said Ian Prior.