U.S. Department of Education Demands Revisions to Illinois Guidance on Conducting Mental Health Screenings without Parental Consent
The U.S. Department of Education announced on October 30 that its Student Privacy Policy Office (SPPO) has demanded revisions to the Illinois State Board of Education's (ISBE) guidance on administering mental health screenings without parental consent and separating the files from students' education records, practices the Department says could violate the Protection of Pupil Rights Amendment (PPRA) and the Family Educational Rights and Privacy Act (FERPA).
Starting in the 2027-2028 school year, Illinois public school students as young as third graders will participate in mental health screenings mandated by Illinois Public Act 104-0032, probing intimate information about emotional well-being, depression, anxiety, trauma, and suicidal thoughts. ISBE's guidance provides an opt-out clause but does not require written parental consent, which the Department says is insufficient for required evaluations under PPRA; it also makes including evaluation results in a student's official record optional, which the Department says could let schools hide results from parents in unofficial records, in violation of FERPA.
"Students should not be pressured into disclosing intimate information, including mental health, about themselves without their parents knowing and consenting," said SPPO Director Frank Miller. "Illinois school districts must follow federal law, and we expect ISBE will revise its guidance as expeditiously as possible."
SPPO is demanding that ISBE revise its policies to be FERPA and PPRA compliant immediately, with revisions due by November 13, 2026; ISBE's response will guide the Department's next steps. Violations of FERPA and PPRA can lead to enforcement actions and potential loss of federal funding, the Department noted.
Source: GSM · USA (original Chinese edition)
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