Using Surveys to Track Student Sexual Behavior and Attitudes in the Public Schools: Current Case Law and Future Implications

ABSTRACT

Two recent federal court cases have addressed the constitutionality of using sexual surveys in public schools. This article compares these cases with an earlier case dealing with the same issue but reaching different results. This article also describes the constitutional rights of parents to educate their children and the school's rights to decide what sexual information it will present to its students. This paper also outlines the rights of privacy for both students and parents as applied to sexual surveys. Finally, this article offers lessons and implications from the case law applicable for future sexuality-related surveys.

KEYWORDS:

• privacy
• law
• constitutional law
• sex surveys
• sex research
• sexual privacy
• parental rights
• student rights
• minors
• public schools
• sex education
• first amendment
• consent
• expert witnesses

Ronald K. Bullis, PhD, JD, teaches social issues, ethics and business law and lectures on censorship issues, spirituality, creativity and accountability, especially for social, educational and other non-profit organizations.