Trump administration demands Illinois change school mental health
screening policies
[November 06, 2026]
By Catrina Barker |
The Center Square contributor
(The Center Square) – Illinois is facing a federal deadline to change
its school mental health screening policies after the Trump
administration raised concerns about parental consent and student
privacy, prompting a Lake County Moms for Liberty leader to urge parents
to opt their children out of the screenings.
Marsha McClary, chair of the Lake County chapter of Moms for Liberty,
said Illinois' opt-out approach does not adequately protect parents'
rights, arguing schools should obtain explicit written permission before
asking students personal questions about their mental health.
"Opt-outs can be missed and on multiple levels, whether the parent
doesn't see the ability to opt out or their communication isn't clear,"
McClary told The Center Square.
The U.S. Department of Education and Department of Justice are
challenging Illinois State Board of Education guidance that allows
parents to decline student mental health screenings rather than
requiring written parental consent before participation.
In an Oct. 30 announcement, the Department of Education gave ISBE until
Nov. 13 to revise its guidance, warning that failure to comply could
lead to enforcement action, including the potential loss of federal
funding.
Federal officials argue the state's approach could violate the
Protection of Pupil Rights Amendment, which requires prior written
parental consent before minors participate in certain surveys or
evaluations involving sensitive subjects, including mental or
psychological problems.
The department also raised concerns about Illinois guidance making it
optional for schools to include screening results in students' official
education records, arguing that could prevent parents from accessing
information about their children's well-being.
ISBE confirmed it received correspondence from the federal government
but declined further comment, saying it is working on the ongoing
matter.
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 procures a screening tool and
associated technology at no cost to districts.
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ISBE released its guidance in August, outlining how schools should
notify families, administer screenings, protect student information
and connect children with additional support when needed. The
guidance allows parents to decline participation.
McClary questioned why mental health screenings should follow an
opt-out process when other medical-related services at school
generally require parental permission.
"If you even need to explicitly opt in for your child to be treated
with aspirin at school or like an allergy drug if they're having an
allergy attack, these are all opt-ins, they aren't opt-outs,"
McClary said. "So the question is always like, why is a mental
health screening not also an explicit opt-in?"
She also raised concerns about the types of questions children could
be asked and whether school personnel are adequately equipped to
handle sensitive mental health information.
McClary pointed to the Illinois Youth Survey, which has included
questions about drug use, access to drugs and suicidal thoughts
among students, including middle schoolers.
She said parents should have the opportunity to discuss sensitive
subjects with their children at home before school personnel raise
those topics.
"Parents really want to have that conversation at home first before
a stranger is asking their kids," McClary said.
She also questioned whether school screenings duplicate work already
performed during routine pediatric appointments, arguing families
may prefer discussing mental health concerns with medical
professionals who know their children.
ISBE has defended the screening initiative as a way to identify
mental health concerns early and connect students with appropriate
support.
State Superintendent Tony Sanders has said the guidance provides
districts with a framework that engages families and addresses
privacy considerations.
McClary encouraged parents who have concerns to contact their local
school districts and submit written requests declining
participation. She recommended using district-approved opt-out forms
or emailing school principals and counselors directly. |
