Surveying students about controversial subjects

BACKGROUND: Because of school districts' interest in best serving the health needs of students, many choose to administer surveys addressing controversial topics. Administering such surveys in a voluntary and anonymous manner may help reduce conflict. METHODS: This is a review of 2 recent federal court of appeals decisions regarding surveying students about controversial topics. RESULTS: The 2 federal appellate cases examined whether mistakes and misperceptions were made when surveying students about controversial topics violated the US Constitution. Both courts wrestled with the tension between school and parental authority but ultimately ruled in favor of the defendant school district. In Fields v Palmdale School District, the Ninth Circuit stated that a parent's right to control a child's upbringing does not automatically supersede the school's authority to control what goes on during school, including surveying students. In C.N. v Ridgewood Board of Education, the Third Circuit decided that a parent's right to control a child's upbringing extends into school, but surveying students about controversial topics does not violate that right. This article explains the significance of these cases and provides 10 suggestions school districts can follow to avoid the threat of litigation when surveying students about controversial topics. CONCLUSIONS: School districts should ensure a student survey relates to the district's overall educational goals. Likewise, the district should adequately inform parents of a survey's contents, date of administration, and a parent's ability to opt out. Schools should make sure a survey is truly voluntary and anonymous. Finally, schools should carefully follow local policy and state and federal laws that apply to surveying students, such as the federal Protection of Pupil Rights Amendment.