ISBE and U.S. Department of Education Guidance on Student Mental Health Screenings and Student Privacy Rights

The Illinois State Board of Education (ISBE) and the U.S. Department of Education’s Student Privacy Policy Office (SPPO) recently released guidance documents addressing universal mental health screening and student privacy rights under applicable state and federal laws. School districts should review these guidance documents, as well as existing policies and practices to ensure compliance with these evolving requirements and expectations.

In August 2026, ISBE released the Universal Mental Health Screening Non-Regulatory Guidance for School Districts. This guidance is intended to assist school districts in planning the implementation of universal mental health screenings consistent with Section 2-3.203 of the School Code, which was amended effective January 1, 2026. Pursuant to this amendment, beginning with the 2027-2028 school year, school districts will be required to offer at least one annual mental health screening to students in grades 3-12 once the statutory prerequisites relating to the availability of a state screening tool have been satisfied, unless a district receives an approved extension. The guidance emphasizes several important legal considerations related to participation, notice, and follow-up, including how authorization for a student to participate in a screening is legally distinct from consent to use, store, disclose, or act upon screening results, and how school districts must evaluate both issues separately. If not already in place, school districts should establish procedures to address the collection, storage, maintenance, access, retention, and destruction of screening records and ensure compliance with federal and state student and mental health record laws. The guidance also notes that school districts should establish procedures for responding to screening results, including notifying parents, implementing crisis response protocols, and triggering child find obligations.

In addition, on August 26, 2026, the Student Privacy Policy Office (“SPPO”) of the U.S. Department of Education released a Dear Colleague Letter reminding state educational agencies and local educational agencies of their obligations under FERPA and PPRA. In addition to reiterating school districts’ obligations to provide parents with access to all student records, access to instructional materials, and notice to parents of their FERPA and PPRA rights, the SPPO stated that mental health screening instruments that inquire about students’ emotional well-being, psychological conditions, social functioning, depression, anxiety, trauma, or similar topics implicate PPRA because they seek information regarding a student’s “mental or psychological problems.” The SPPO takes the position that school districts must provide parents an opportunity to inspect such screening instruments and obtain written parental consent before administration.

If you have any questions about these guidance documents or compliance with federal or state law or would like assistance with mental health screening implementation planning or policy review, please contact a Franczek attorney.