TRI In The News

Fitchburg Parent Objects to Survey

June 14, 2011

6/14/2011

TRI IN THE NEWS: FITCHBURG PARENT OBJECTS TO SURVEY

From The Sentinel and Enterprise

FITCHBURG -- A questionnaire provided to students of Fitchburg public schools has raised the ire of one parent and may bring about changes to the school district's policy on administering surveys.

School Superintendent Andre Ravenelle says a widely-used survey and the notification to parents is at the root of issues brought up by the mother of two Fitchburg students who has gone so far as to take her case to the Rutherford Institute, which provides legal counsel in Constitutional rights cases. The survey, which includes questions about drug use and sexual behavior, is given out every other year and is completely anonymous, according to the superintendent.

"We do the survey so we can get a pulse of what's going on with the young people in our schools," Ravenelle said. "It's completely anonymous, but it lets us know what issues we're up against and what we should be doing. We're one of a number of communities who use these questions."

Parent Arlene Tessitore brought her issues on how the survey was administered to the School Committee and also sought help from the Rutherford Institute and organization president John W. Whitehead, an author and constitutional lawyer.

The Fitchburg school system had used a passive consent form, meaning parents had the option of returning the paperwork to make their children exempt from the survey. Whitehead, who appeared on Fox News Sunday morning with Tessitore, says that's where the true issue lies.

"The Protection of Pupil Rights Amendment requires written consent before asking children intimate questions," the lawyer said. "They were using passive consent, which means that if the parent doesn't respond, the school assumes they're consenting. But the law requires written consent."

Ravenelle noted that schools traditionally have used a passive consent for the surveys -- administered by youth service organization LUK Inc. -- and this is the first time he has run into an issue with it. He also said that Tessitore, who he called "an active member of the school's community," brought the issues to the School Committee, which discussed the issue at a recent meeting and is considering whether changes need to be made.

"Right from the start, we've listened to what the issues were" Ravenelle said. "(Tessitore) went through the proper channels. We'll see if the policies we have in place work and if not, we'll look at how to correct them. We'll let the process run its course."

For Whitehead, a change in policy is an absolute must. His organization has issued a proposal of a new policy to the school district, which Ravenelle believes reaches a bit farther into matters than it should. Still, the Virginia-based lawyer believes a change is essential.

"If they don't make changes, a lawsuit is certainly a possibility," Whitehead noted.