Last week, America First Legal (AFL) achieved a significant outcome for the parents of Cedar Grove, New Jersey, when the U.S. Department of Education concluded that the Cedar Grove School District breached the Protection of Pupil Rights Amendment (PPRA). The Department found that the district failed to provide parents with lawful prior notice and a meaningful opportunity to opt their children out of "equity" and "diversity" surveys.
The PPRA is a federal law that ensures public school parents can review their children's curriculum and receive prior notice and the right to opt out of intrusive surveys. The PPRA prevents schools from collecting information about political affiliations, beliefs, sex behavior or attitudes, and critical appraisals of family members.
In 2021, six parents filed PPRA complaints against Cedar Grove School District for not providing prior notice or obtaining parental consent before administering surveys. These surveys included questions on same-sex unions, religious affiliation, gender identity, and race/ethnicity.
The Department delayed addressing these complaints for over a year until AFL intervened with a demand letter and multiple Freedom of Information Act requests. Following this intervention, an investigation was opened. After further delays, AFL sued the Biden Administration for not processing the complaints in a timely manner.
On July 26, 2024, the Department issued its findings confirming that Cedar Grove School District had violated the law. However, it did not determine whether questions about "gender identity" trigger parental rights under PPRA but prohibited similar future survey questions without prior written parental consent.
Ian Prior from America First Legal stated: “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... 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.”