Aan a Public School Ask Students to State their Religion?
Last month, at the end of a three-year saga, the U.S. Department of Education ruled on a complaint that New Jersey parents had filed against the Cedar Grove School District. The conflict is interesting for what it suggests about overreaching school administrators and about the capacity of persistent parents who believe their kids’ rights have been violated to get things done.
Back in 2021, without giving parents prior notice, the district surveyed elementary, middle and high school students about a variety of sensitive topics, including the students’ gender identity, race, ethnicity and, in the case of high school students, religious affiliation. The district argued that it was collecting the students’ information confidentially in the interests of promoting diversity, equity, and inclusion.
When they learned about the surveys, many parents objected. One of those parents was my colleague at St. John’s Law, Patricia Montana. As she recounts in a recent Legal Spirits podcast, with a little research, she discovered that the surveys violated several state and federal privacy laws, including, with respect to the question about religious affiliation, the federal Protection of Pupil Rights Amendment, or PPRA. The PPRA requires a school district that wishes to survey students on certain subjects, including religious affiliation, to notify parents in advance and allow parents an opportunity to opt their children out of participation.
