Sex Surveys in K-12 Public Schools: Parents vs. School Districts
Kathleen Conn, Ph.D., J.D., LL.M., 242 Ed. Law Rep. 505 (2009)
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American public schools survey students’ attitudes and activities related to a diverse set of topics ranging from the prevalence of cheating on tests, the extent of high school students’ engagement with school, to the frequency of bullying in schools. Most of the surveys are brief, designed to be administered to students either during one class period or even in homeroom. Schools can use the results of such student surveys to develop meaningful goals and objectives, to plan and evaluate programs and curricula, or to convey a positive image to their stakeholders. Parents, for the most part, are either uninformed or indifferent to the administration of such surveys.
However, when survey questions seek to ascertain students’ attitudes toward sex or gender orientation issues, or probe the nature and frequency of students’ sexual activities, parents, especially those with strong religious views, take notice. Parental complaints have quashed the administration of sex-related surveys in several school districts across the country. Parents have also challenged in court the authority of school districts to administer surveys containing sex-related questions, alleging that in administering the surveys, school districts usurp parents’ fundamental right to direct the education and upbringing of their children. Part I of this commentary reviews three such legal challenges and examines the resulting court decisions. Part II analyzes the decisions in light of the affirmation of parental rights by the U.S. Supreme Court and related appellate courts, and examines statistical evidence illustrating the nature and extent of students’ sexual behaviors. Finally, the commentary recounts Congressional and state legislative attempts to translate the courts’ jurisprudence into workable canons, and offers suggestions and recommendations for school districts planning to survey students.
