In 2017, Governor Sununu signed the New Hampshire Law that requires school administrators to obtain written consent from parents if they administer a non-academic survey to students. The only exception is the Youth Risk Behavior Survey (YRBS).
But School administrators must still notify parents if they are going to survey children using the YRBS.
They must also post the survey questions on the district website 10 days prior to distributing the YRBS to the students.
From the New Hampshire Department of Education (reformatted):
Require school districts to adopt a policy governing the administration of non- academic surveys or questionnaires to students. The policy shall require school districts to notify a parent or legal guardian of a non-academic survey or questionnaire and its purpose. The policy shall provide that no student shall be required to volunteer for or submit to a non-academic survey or questionnaire, as defined in this paragraph, without written consent of a parent or legal guardian unless the student is an adult or an emancipated minor.
The policy shall include an exception from the consent requirement for the youth risk behavior survey developed by the Centers for Disease Control and Prevention. The policy shall also allow a parent or legal guardian to opt-out of the youth risk behavior survey developed by the Centers for Disease Control and Prevention. The school district shall make such surveys or questionnaires available, at the school and on the school or school district’s website, for review by a student’s parent or legal guardian at least 10 days prior to distribution to students.
In this paragraph, “non-academic survey or questionnaire” means surveys, questionnaires, or other documents designed to elicit information about a student’s social behavior, family life, religion, politics, sexual orientation, sexual activity, drug use, or any other information not related to a student’s academics.
Parents in Hollis-Brookline discovered that their children participated in the YRBS but were never notified that this survey would be administered.
They did not get to see the questions or have the opportunity to opt their children out of the survey.
Some parents immediately contacted school administrators. Superintendent Andrew F. Corey and HBHS Principal Timothy E. Girzone followed up with this misleading email to parents:
Let me break this down for you:
1) “On October 26, 2021 during CAV block, the high school administered the anonymous Youth Risk Behavior Survey...”
*****While YRBS may say it’s anonymous, data security specialists will tell you that these surveys include tracking questions. It can take 3 data points to identify a child completing the survey. YRBS includes questions like: age, sex, grade, race, height, and weight from the student completing the survey. Read from a data-security expert who testified in support of this law here.
Parents who testified during the hearing on this law told committee members that many of the children wrote their name and their Unique Pupil Identifier UPI on the surveys. Oftentimes, children think this is a test, and will include their name/UPI.
2) “Our procedures require us to post the survey as well as email families to allow anyone who wants to opt-out to have that ability.”
*****NO, state law requires the administration to post the questions 10 days in advance on the website and allow anyone who wants to opt-out, to have that ability. It’s misleading to tell parents that they didn’t follow a procedure versus a law.
There was an apology issued, and parents were told that the surveys would be shredded — that’s good. However, why didn’t the Superintendent and Principal give parents detailed information that state law had been violated?
With all of the issues parents have in their local schools, this is the time to make sure that administrators are fully transparent and honest. That’s what builds trust in the community.
Maybe this was a mistake. Maybe this was carelessness. Maybe this was intentional. By not fully disclosing that this law exists and that it was a law that was not followed, parents have been misled. They are now going to find out that their administrators chose not to disclose those details. That breaks trust.
The school district in Loudoun Virginia is in the middle of an uproar among parents after they discovered that school administrators never disclosed a rape that happened in the high school bathroom. This appears to follow a pattern of deceit by those entrusted to care for their students. It’s another example of trying to protect an institution versus protecting the children, entrusted to their care.
While this situation doesn’t rise to that level, there was a law that was broken, and important details were not given to parents.
Parents, make sure you let your school board members know that it’s unacceptable to break the law, and not fully disclosing that information in the email, made it worse. Expect more from the people who you employ to care for your children. If they aren’t going to tell you about something like this, what else will they keep from you?
