Mayville, WI - In response to a written demand letter from Liberty Counsel, the Mayville School District has now adopted a written policy and procedures requiring parental notification and an opt-out of objectionable surveys. Liberty Counsel represents Gary Sowin, who objected to a survey given to his daughter, Shannon, earlier this year while she was in the tenth grade at Mayville High School. The new policy covers surveys of attitudes on a wide range of personal matters including sex, illegal behavior, mental health and psychological problems.

The Wisconsin Youth Risk Behavior Survey (part of a U.S. Center for Disease Control effort) that was given to Shannon Sowin and her classmates contains 10 explicit questions about sexual activities. Many of the questions presumed that the student had already engaged in premarital sex more than once. Eight questions were about using alcohol, 15 questions pertained to illegal drug use and five questions related to suicide. The questions implied that illegal activity and mental problems were to be expected among the students.

After Mr. Sowin learned about the survey, he obtained a copy from Lee Zarnott, principal of Mayville High School. Mr. Sowin attempted for several months to resolve the issue with school officials. Although they admitted that the district needed to develop a policy with prior review and opt-out provisions, no action was taken until Liberty Counsel sent a demand letter. The letter pointed out that the federal federal Protection of Pupil Rights Amendment to require that parents be given advance notice and an opportunity to opt-out their children from any such survey, as well as an opportunity to review surveys and instructional material in advance.

Mathew Staver, Founder of Liberty Counsel and Dean of Liberty University School of Law, commented: "Public schools are required to notify parents of controversial surveys, and parents have the right to opt-out their children from participating in such surveys. Children in public schools are not social science research specimens."