AFL demands Department of Education investigate surveys given in New Jersey school without parental consent

close

Video

Ian Prior: We're seeing a shift in the mentality about what America is

'Fox & Friends' host Brian Kilmeade speaks to Virginia voters about their top concerns as polls open and sits down with Ian Prior to discuss the fight against critical race theory in schools.

America First Legal sent a letter to the U.S. Department of Education Tuesday insisting they investigate a survey given to students in a New Jersey school district without parental consent. 

Last year, several parents in the Cedar Grove School District filed Protection of Pupil Rights Amendment (PPRA) complaints with the Department of Education after a "Community Needs Assessment" survey, prepared by the district’s Equity and Diversity Advisory Council, was sent to high school and middle school students, and assigned to third and fourth graders. 

According to the letter from America First Legal (AFL), the assessment gathered demographic information about the students and their families, and asked whether "adults in your school are fair in dealing with your particular racial/ethnic group," and "adults in your school are fair in dealing with people not in your particular racial/ethnic group." 

The PPRA gives parents the right to review certain materials, and prevents certain surveys from being administered to students without parental consent. 

ARIZONA PARENTS DELIVER LIST OF ‘EXPECTATIONS' TO SCHOOL BOARD: ‘TRUST HAS BEEN BROKEN’

interior of a school classroom with wooden desks and chairs. nobody around. 3d render (istock)

At the same time the parents filed a complaint with the federal Department of Education, they also filed a Petition of Appeal with the New Jersey Department of Education. In November, the administrative law judge issued a decision finding "the surveys asked some students about family demographics which could easily solicit highly personal, and oft publicly shamed, information, such as same-sex unions," and that the surveys violated New Jersey state law.  

CALIFORNIA SCHOOL DISTRICT SEX EDUCATION CURRICULUM INCLUDES ‘GENDERBREAD IDENTITY’ MAN: ‘IT’S HORRIFYING'

According to the letter from AFL, there is no evidence the federal Department of Education has taken any action on the petition. 

The U.S. Department of Education building in Washington, D.C.  ((Photo by Stefani Reynolds / AFP) (Photo by STEFANI REYNOLDS/AFP via Getty Images))

AFL Senior Adviser Ian Prior told Fox News Digital his organization began working with the parents in the spring, long after they filed the initial complaint, in order to resolve the issue with the Department of Education. 

"They have an obligation to respond promptly," prior said. "This is not a difficult case to resolve, they should have done it in the amount of time New Jersey did." 

IAN PRIOR: THE DEFINITIVE PROOF CRITICAL RACE THEORY IS BEING TAUGHT IN OUR SCHOOLS

  (iStock)

Prior added that potential ramifications for the school could include a warning, pulled funding or a fine. 

"Your office is charged with enforcing the PPRA to protect parents and children," the letter, addressed to Kevin Herms, the Director of the Student Privacy Policy Office at the Department of Education, read. "By imposing unnecessary bureaucratic delays, it has apparently chosen not to do so. This is unlawful." 

CLICK HERE TO GET THE FOX NEWS APP

Prior also noted that the Biden administration is "not particularly friendly" to parents' rights, and it is unclear whether the delays are due to a backlog or "because they don’t want to protect the rights of parents." 

AFL requested a response from the Department of Education before August 29, including "a formal status update and a benchmarked schedule of action on these matters." 

The Cedar Grove School District did not respond to Fox News Digital's request for comment.