The U.S. Department of Education’s Student Privacy Policy Office demanded Oct. 30 that the Illinois State Board of Education revise its guidance on student mental health screenings, warning that conducting them without written parental consent and separating the results from education records could violate federal privacy law.
Under Illinois Public Act 104-0032, public schools will offer mental health screenings to students in grades 3-12 at least once a year starting in the 2027-28 school year. The department said the screenings will probe students’ emotional well-being, depression, anxiety, trauma, suicidal thoughts and other psychological concerns.
The state board’s guidance lets parents opt out but does not require written consent, which the department said falls short of the Protection of Pupil Rights Amendment. That law requires schools to notify parents and get their written consent before surveying or evaluating students on sensitive topics, including mental and psychological problems.
The guidance also makes adding screening results to a student’s official record optional. The department said schools that keep results in separate or unofficial records to stop parents from inspecting or challenging them would violate the Family Educational Rights and Privacy Act.
The state board has until Nov. 13 to submit revisions. The department said it wants the guidance revised immediately to avoid the need for enforcement action. Violations of either law can also lead to loss of federal funding.
The demand follows Oct. 5 letters from the Education and Justice departments to all state attorneys general raising concerns about school districts’ compliance with federal laws on in-school mental health screenings.
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