CHICAGO, November 2, 2026 – A parent looks at the email that the school sends out regarding the implementation of a new mental health screening program for kids and poses a simple yet important query—will I be informed of what questions will be asked of my child? The answer from the federal education department is not satisfactory.
On October 30, the Office of Student Privacy Policy at the U.S. Department of Education told the Illinois State Board of Education to change its guidance on student mental health screenings and records to prevent any violation of two privacy laws, namely, the Protection of Pupil Rights Amendment and the Family Educational Rights and Privacy Act.
What Illinois planned
Beginning in the 2027–28 academic year, mental health screening should be made available to students from grades 3 to 12 annually as per the provisions of Illinois Public Act 104-0032. Such screening can include questions about emotional health, depression, anxiety, trauma, suicidal thoughts, and other psychological issues.
The guidelines set by the state give parents the option to opt out. However, according to the federal department, opting out is not enough for surveys or evaluations under the PPRA. This is because such surveys require notice and written consent from the parents.
The records dispute
The second controversy centers on record keeping. According to Illinois’ guidance, it is discretionary to store screening outcomes in an education record of the student; this creates a worry that schools might store results in a different document or “temporary record” not easily accessible by parents.
Frank Miller, director of the Student Privacy Policy Office, explained that students should not feel obliged to reveal sensitive information without the parents’ knowledge and consent. “Parents, at the same time, should be able to get access to important information about their children’s health without schools making or withholding such information,” Miller said.
Under FERPA, parents have a right to inspect their children’s education records, seek amendment, and restrict the disclosure of personally identifiable information under certain exceptions. It is believed that keeping screening documents apart or withholding such information from parents violates these rights.
A two-week deadline
ISBE has until November 13, 2026, to create revised guidelines. According to the Education Department, the outcome of this response will dictate if there will be any further actions taken, since non-compliance with FERPA and PPRA may result in enforcement actions and the loss of federal funding.
Representatives of ISBE have yet to respond to an inquiry made on October 30.
A larger fight
The fight comes against a backdrop of ongoing national debate about how schools should assist student mental health without compromising parental autonomy. Those who support universal screenings argue that early detection will help the troubled children receive the assistance needed even before any crisis occurs. Others are concerned with issues of consent, confidentiality, and appropriateness of the school environment in asking personal questions.
Both issues have legitimacy. Only if parents are sure of the way the information is collected, stored, and distributed would a screening tool become effective. And this would be possible only through strict guidelines rather than vague ones, such as temporary records.
It is worth mentioning that the federal department mentioned in the letter, which, together with the Justice Department, was sent to state attorneys general on October 5 regarding concerns with school compliance with federal privacy rules about mental-health screenings.
For Illinois, the next two weeks will determine whether the department would revise its guidelines secretly or initiate a legal-political battle. The parents’ demand remains simple: to know who has access to their child’s responses and when.
