The U.S. Department of Education is demanding changes to Illinois school guidance on mental health screenings, raising concerns about parental consent and access to student records.
The department’s Student Privacy Policy Office says guidance issued by the Illinois State Board of Education could conflict with two federal privacy laws: the Protection of Pupil Rights Amendment and the Family Educational Rights and Privacy Act.
Under an Illinois law scheduled to take effect during the 2027-2028 school year, public school students as young as third grade will participate in mental health screenings. The evaluations will cover topics such as emotional well-being, depression, anxiety, trauma and suicidal thoughts.
Federal officials say Illinois’ current guidance allows parents to opt their children out of the screenings but does not require written parental consent. The department says that may not meet federal requirements for evaluations involving sensitive personal information.
Officials also question guidance that makes it optional for schools to include screening results in students’ official education records. The department says keeping those results in separate or unofficial files could prevent parents from accessing information about their children’s well-being.
The federal privacy laws give parents certain rights to consent to sensitive student evaluations, review their children’s education records and request corrections to those records.
The Department of Education is giving the Illinois State Board of Education until November 13th to revise its guidance and bring it into compliance with federal law.
Federal officials say the state’s response will help determine whether additional enforcement action is necessary. Violations of the federal privacy laws can result in enforcement actions and the potential loss of federal funding.
The Illinois State Board of Education has not been quoted in the department’s announcement.
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