TRI In The News

Fitchburg Backs Off Sex Surveys

September 15, 2011

9/15/2011

TRI IN THE NEWS: FITCHBURG BACKS OFF SEX SURVEYS

From The Worcester Telegram & Gazette

Thanks to one parent's fight, Fitchburg students will no longer have to fill out surveys asking them personal questions about their behavior, including questions about their sexual habits and possible illicit drug use.

Arlene Tessitore, a Fitchburg parent with two teenage girls in middle school, stood her ground to fight for a change in policy on how student information is collected in Fitchburg public schools, and won.

Not only was a new policy on the issue approved by the School Committee last month, but school officials decided it is better not to administer the Youth Risk Behavior Survey in Fitchburg schools at all.

The survey asks questions such as "Have you ever tried to kill yourself?", "Have you ever sniffed glue, or breathed the contents of spray cans, or inhaled any paints?", and "With how many people have you had sexual intercourse?"

The surveys — taken by Fitchburg students anonymously every other year — was created and is distributed by the National Centers for Disease Control and Prevention in 45 states to help monitor health-risk behavior and the prevalence of obesity and asthma among youth and young adults, according to its website. Federal and state funding is provided to communities to help promote health initiatives based on data collected.

The nonprofit, Fitchburg-based LUK worked with Fitchburg schools to administer the survey. It also has worked with about a dozen other districts in Central Massachusetts.

The issue became heated in Fitchburg in February when Ms. Tessitore complained to school officials. Her daughters, who were 13 and 14 at the time, were made to take the survey without her written consent. Under school policy, officials told her, if parental consent forms were not returned for students, parental consent was assumed. School officials considered it "passive consent."

Ms. Tessitore contacted the Rutherford Institute in Charlottesville, Va., which provides free legal counsel in constitutional rights cases. The institute said the policy did not comply with federal law.

With the organization's assistance, Ms. Tessitore filed a complaint with the state Department of Education.

Fitchburg school officials continued to administer the survey throughout the district in the spring, but began evaluating the policy.

Over the summer, Superintendent André R. Ravenelle said, the School Committee's subcommittee on policies sought legal advice and parental input on the policy, and adopted a new one on Aug. 25.

The new "collection of pupil information" policy is posted on the district's website at www.fitchburgschools.org under School Committee policies in the administration tab.

It requires written parental consent for school officials to collect personal information from students in eight protected areas: political affiliations or beliefs, mental or psychological problems of the student or student's family, sexual behavior or attitudes, illegal, antisocial, self-incriminating or demeaning behavior and legally recognized privileged relationships, such as with lawyers, doctors or ministers.

"Everyone walked away feeling like they were in a better place," said Mr. Ravenelle yesterday. "We worked out a policy that had everything everyone agreed to."

Moreover, Mr. Ravenelle said, he met with principals in the district who agreed the surveys were not necessary to get the information they needed for students who participate in at-risk behaviors.

"It was the sense on the part of a lot of folks there are more one-on-one methods like interactions with guidance counselors and principals," said Mr. Ravanelle. "All the principals are comfortable with other ways of gaining knowledge of those topics."

Students will only take two surveys in Fitchburg schools now, he said, and they pertain to after-school programs. Students will be asked only if they like the programs, and will be asked no questions dealing with the eight protected areas, Mr. Ravenelle said.

John W. Whitehead, founder of the Rutherford Institute, said his organization believes the new policy complies with federal law.

"As long as parents have a general right of written consent as federal law requires I'm satisfied," he said. "Most of the school systems use passive consent until they are challenged. They send a note home that never gets back and they assume parents' consent. Kids do have certain rights and school officials don't have total control."

Ms. Tessitore said her fight is over in Fitchburg, but she believes a larger problem is now uncovered.

She said parents from other districts in the area, including Leominster, Gardner, Ashburnham-Westminster and Quabbin Regional, came forward and said their districts had similar "passive consent" policies. When called, school officials in the Leominster and Ashburnham-Westminster districts said they are looking into the issue.

"It is important every parent be given the right of choice," Ms. Tessitore said. "Eliminating written parental consent is eliminating that choice. In some instances, it is done purposefully and parents don't speak out because they don't want to be criticized or labeled. They don't speak out in fear of their own personal views getting attacked. I made sure the viewpoints in the policy are universal."

"To decide what your child can and cannot participate in — you shouldn't have to justify it by having to explain yourself."