Illinois education officials have until November 13 to address federal concerns about parental consent and student privacy involving school mental health screenings.
The U.S. Department of Education and Department of Justice are challenging guidance issued by the Illinois State Board of Education that allows parents to opt their children out of mental health screenings rather than requiring written permission before students participate. In an October 30 announcement, the federal government gave the state until November 13 to revise its guidance. Officials warned that failure to comply could result in enforcement action, including the potential loss of federal funding.
Federal officials say Illinois’ current approach could conflict with the Protection of Pupil Rights Amendment, a federal law that requires prior written parental consent for certain surveys and evaluations involving sensitive topics, including mental health. The federal government also raised concerns about how Illinois handles screening results in student education records, arguing that parents should have access to information about their children’s well-being.
Illinois State Board of Education officials confirmed receiving the federal correspondence but declined further comment, saying the matter remains under review. Illinois law requires school districts to offer annual mental health screenings to students in grades three through 12 beginning in the 2027-28 school year, provided the state secures a screening tool and related technology at no cost to districts. The state education board released guidance in August outlining how schools should notify parents, conduct screenings, protect student information and connect students with additional support.
However, the opt-out approach has drawn criticism from parental rights advocates. Marsha McClary, chair of the Lake County chapter of Moms for Liberty, says parents should be required to give written permission before their children are asked personal questions about their mental health. McClary told The Center Square that an opt-out system could leave parents unaware of the screenings or cause important communications to be overlooked.
She also questioned the types of questions students could be asked and whether school personnel are properly equipped to handle sensitive mental health information. McClary pointed to questions included in the Illinois Youth Survey, which has addressed topics such as drug use and suicidal thoughts. She argues parents should have the opportunity to discuss sensitive subjects with their children before school personnel bring them up.
State Superintendent Tony Sanders has defended the screening initiative, saying the guidance provides school districts with a framework for involving families while addressing privacy concerns. McClary is encouraging parents who have concerns to contact their local school districts and submit written requests to decline participation.
The federal deadline for Illinois to respond is November 13.
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