By Catrina Barker | The Center Square contributor
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.
Report continues here.

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