A new Illinois law requiring annual mental health screenings for students in grades 3 through 12 is sparking concern among parents, educators, and policy experts. While the intention is to address the growing youth mental health crisis, critics say the law leaves too many unanswered questions about privacy, parental rights, and how the screenings will actually be implemented.
Signed by Democratic Gov. JB Pritzker on July 31, the legislation mandates that the Illinois State Board of Education (ISBE) develop detailed guidelines by September 1, 2026. These guidelines will determine the screening methods, follow-up procedures for at-risk students, and measures to protect student confidentiality. Parents will technically have the right to opt their children out — but the process for doing so remains unclear.
Parents Voice Concerns Over Transparency and Overreach
Chicago mother, grandmother, and former educator Cata Truss worries that the law could lead to misinterpretation of student behavior.
“A child dealing with trauma may show the same signs as one with mental illness, but you don’t want to treat or medicate them the same,” Truss explained.
She and other Illinois parents shared their skepticism on Fox & Friends First, noting that while more mental health services for children are needed, parental involvement and transparency should be central to the process.
Former public school teacher Christine McGovern echoed these concerns, saying the measure could create a wedge between schools and families.
“The alienation of parents is the biggest issue I encountered during my tenure in education,” McGovern said.
Policy attorney and parent Mailee Smith questioned who will have access to the screening data and how student privacy will be guaranteed.
“Who is going to be collecting and reviewing this information? How will their confidentiality be protected? It seems to pose more risks to freedom than answers to the mental health crisis,” Smith warned.
Mental Health Screening – Benefits and Risks
Mental health screenings can be valuable tools for identifying early signs of anxiety, depression, ADHD, and other conditions, allowing for timely intervention. However, critics argue that:
- Screenings may lead to false positives or misdiagnoses.
- Without clear protocols, privacy breaches could occur.
- The distinction between trauma responses and mental illness could be blurred.
- Parents may feel excluded from crucial decisions regarding their child’s well-being.
Truss recommends that concerned parents consider private evaluations through their own pediatricians or mental health professionals rather than relying solely on school screenings.
Author Abigail Shrier also raised broader concerns after her middle school-aged son was given a mental health screening at an urgent care center during a visit for a stomachache. She questioned whether parents would be properly notified annually about their opt-out rights, warning that if notice isn’t consistent, it isn’t truly an “opt-out” process.
Frequently Asked Questions (FAQ) –
Q1: What grades are covered under the new Illinois law?
Students from 3rd through 12th grade in public schools will be subject to annual screenings unless their parents opt out.
Q2: Can parents opt out of the screenings?
Yes. Parents have the legal right to opt out, but the process for doing so has not yet been clearly defined by the ISBE.
Q3: When will the detailed guidelines be available?
The Illinois State Board of Education has until September 1, 2026 to release full guidance.
Q4: What mental health issues might screenings detect?
Common concerns include anxiety disorders, depression, behavioral issues, ADHD, and trauma-related responses.
Q5: Who will have access to the screening results?
This has not been clearly outlined yet, but privacy protection is expected to be a major focus of the ISBE’s forthcoming guidelines.
Q6: Why are some parents opposed?
Concerns include privacy risks, vague implementation details, potential misdiagnoses, and reduced parental involvement in decisions.
