Dear Friends of FAIR,
On October 5, the U.S. Department of Education and the U.S. Department of Justice sent a joint letter to every state attorney general with a straightforward request: help make sure schools follow federal parental rights laws. The letter asks attorneys general to work with school districts on compliance with the Family Educational Rights and Privacy Act (FERPA) and the Protection of Pupil Rights Amendment (PPRA).
FAIR members may recognize the subject. In September, we shared the Department of Education’s annual back-to-school guidance on these same two laws. The joint letter goes a step further by asking state officials to take an active role in enforcement, so districts will likely feel more pressure to get their practices right.
One practice gets particular attention: mental health screenings. According to the Departments, some schools continue to administer these screenings without first getting written permission from parents. Before a student completes a mental health screening or any similar evaluation, the Departments say, schools must notify parents and obtain prior written consent. An opt-out form sent home does not meet that standard.
Under PPRA, which has been federal law for decades, students in programs funded by the U.S. Department of Education cannot be required to take part in a survey, analysis, or evaluation that reveals certain sensitive information without a parent’s prior written consent. The law lists eight protected areas, including political beliefs, mental or psychological problems of the student or family, sexual behavior or attitudes, religious practices, and family income.
The difference between “opt in” and “opt out” may sound like a technicality, but in practice, the two mechanisms can produce very different results.
An opt-out puts the burden on parents because the family has to notice the form, read it, understand what is being asked, and return it before a deadline. A notice buried in a back-to-school packet can easily slip by a busy household. Written consent, by contrast, reverses the burden: nothing happens until a parent has seen what the school plans to ask and said yes.
Students feel the difference, too. When a teacher or counselor hands a child a questionnaire, most children assume they have to fill it out. Asking parents first protects kids who would never think to say no.
PPRA’s requirements vary depending on how a survey is funded and whether participation is required, and the joint letter reflects the Departments’ reading of the statute. Some districts may push back on the details. The goal of asking isn’t to win an argument, but to learn what your school actually does and to get that answer in writing.
FAIR’s FERPA & PPRA Parental Rights Template Letter makes that easy. The letter asks your district to confirm in writing that it obtains written parental consent before administering any sensitive survey or mental health screener, does not keep “unofficial” student records beyond parents’ access rights under FERPA, and makes curriculum available for parent review on request. Download the template letter here.
A few other steps worth taking this fall:
Find your district’s annual notice. Districts that receive federal funds must notify parents of their FERPA and PPRA rights each year. If you don’t remember seeing one, ask where it was posted.
Ask to see any survey or screener in advance. You have the right to review these materials before they reach your child.
Keep a record. Save copies of your requests and the district’s responses.
FAIR approaches this as a civics and transparency issue, not a partisan one. Families of every political view, faith, and background benefit when schools are open about what they ask children and what records they keep. Clear consent rules build trust between parents and educators.
If your school has administered a survey or screening without your written consent, or has denied you access to your child’s records, we want to hear from you. Reach out through your local FAIR Chapter or submit a report through FAIR Incident Reporting.
Resources like this template letter are free to every family because FAIR members and donors make them possible. If this tool helps you or someone you know, please consider making a gift to FAIR today.
With gratitude,
Monica Harris
Executive Director, FAIR
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OTI Conference on Political Bias and Mental Health
Earlier this year, FAIR announced its collaboration with the Open Therapy Institute. Read Here.
FAIR members are invited to join the Open Therapy Institute‘s Conference on Political Bias and Mental Health, October 9–11, in Washington, DC.
The program features a live podcast recording with Rob Henderson and Erica Komisar, a panel with Sally Satel, and more. A total of 9.25 CE credits are available.
Use code OTISPECIALRATE2026 for 50% off.
We hope to see you in DC!
FAIR in Film presents: An Exclusive Screening of “Speechless”
Private first time screening to a US audience.
Join FAIR for an exclusive screening of Speechless, a provocative documentary exploring the battle over free speech on college campuses and what it means for the future of higher education and democracy.
The film—which is now available to a U.S. audience for the first time—is a gripping investigation into the breakdown of open inquiry in the very institutions meant to protect it, and what happens to a democracy when it loses faith in free speech, honest disagreement, and the hard work of conversation.
The post-film discussion will include several renowned panelists, offering a range of perspectives on the issues explored in the film.
Date: Wednesday, October 28, 2026
Time: 7:00 p.m. ET / 4:00 p.m. PT.
Film: ~120 minute run time + 45 minute discussion
Introducing: Arts After Hours
FAIR in the Arts is launching Arts After Hours, a monthly Zoom gathering for FAIR artists, members, and guests to meet one another, exchange ideas, share opportunities, and strengthen the courageous creative community we are building together.
This isn’t a webinar or a formal presentation. It’s a gathering.
Come tell us what you’re working on. Bring an idea you’d like to explore, an opportunity you’d like to share, a question or project for other artists, or simply come to meet writers, actors, filmmakers, musicians, visual artists, and other creative people who believe that art flourishes through curiosity, independence, open inquiry, and the courage to create authentically.
Our first After Hours gathering will be held Wednesday, October 21 at 7:00 PM ET, and we’ll gather thereafter on the third Wednesday of every month.
FAIR in the Arts is becoming more than a place to defend artistic freedom. We want it to be a place where artists can use that freedom to create, connect, collaborate, and help shape the culture around us. I really hope you’ll join us.
Date: Wednesday, October 21, 2026
Time: 7:00 p.m. ET / 4:00 p.m. PT.
Every month on the third Wednesday.
Educators Alliance
FAIR is continuing the Educators Alliance for the 2026-2027 school year to equip PK–12 educators with the knowledge, strategies, and community support they need to foster schools that are more enriching and free from bias for students and educators.
We are at a turning point for education—and with the relaunch of FAIR’s Educators Alliance, we have an opportunity to step beyond polarization and create classrooms rooted in curiosity, dignity, and respect.
Each monthly gathering will open with updates and presentations from FAIR staff, fellows, Chapter Leaders, and occasional guest speakers. Together, we’ll explore strategies for supporting educators, communities, and local chapters—and for advancing positive change at the local, regional, and national levels. Following presentations, participants will have space for open forum discussions to connect, seek advice, and coordinate on pressing issues in their schools. Breakout rooms will be divided into PK-6 and 7-12 grade levels with experienced teachers facilitating those conversations.
Educators will also be invited to contribute to a new FAIR in Education newsletter, showcasing stories, strategies, and resources from across the FAIR network.
Whether you are a teacher, paraprofessional, or administrator, join us as we continue the FAIR Educators Alliance and shape the future of education together.
There are 7 meetings to sign up for down below. Scroll up and down below to see all of the sessions!
Oct 1, 2026 07:00 PM Eastern Time (US and Canada)
Every month on the First Thu, until Apr 1, 2027, 1 hr sessions, 7 occurrences
FAIR in Film presents: An Exclusive Screening of Generation Covid
An entire generation of children and families were deeply harmed by the response to Covid, resulting in half of American public schools being closed for nearly two years. The fallout has been a society-destroying scandal that our elected officials are still too afraid to address. Long past the time when adults resumed normalcy, American school children were onerously restricted, locked out of school and other social and developmental activities, kept alone and isolated and forced onto screens – all in spite of clear data showing Covid posed little threat to the young and healthy.
Generation Covid is the story of a forgotten generation who endured the biggest civil rights violations in a century, the largest propaganda campaign in American history and industrial scale censorship in spite of clear, incontrovertible evidence that lockdowns, school closures, vaccine mandates and forced masking were useless and harmful. Politicians and public health officials’ worst authoritarian impulses took hold and the press failed to hold power to account, leaving children voiceless.
Despite clear and incontrovertible real-time evidence of the harms being done, especially to the poor and working class, powerful forces sought to censor, silence and vilify anyone who questioned the efficacy of these unprecedented and unscientific decisions, and our children are still paying the price.
We all are.
Date: Wednesday, November 11, 2026
Time: 7pm EST/4pm PST (until about 10:00pm EST)
Film: ~120 minute run time + 30 minute discussion
Note: Despite Zoom’s notice down below, FAIR maintains strict confidentiality of contact information provided.
Note to readers: We have paused the FAIR News podcast. If you prefer listening rather than reading these newsletters, an audio version is available directly on the Substack app. Thank you for tuning in!