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

JD Supra · · International · Privacy Law

The Illinois State Board of Education and the U.S. Department of Education have issued guidance addressing student mental health screenings and the privacy rights that apply to those processes. The guidance appears to clarify how schools should handle sensitive student mental health data under existing privacy frameworks.

Why this matters: Mental health screenings collect some of the most sensitive information a school can gather about a child. Parents often do not know exactly what is being collected, who sees it, or how long it is kept. When guidance comes from both a state board and the federal Education Department, it signals that schools have been getting this wrong often enough to need correction. If your kid is screened at school, you should be able to see that data, correct it, and know who has access to it. That right only works if schools are actually told to respect it.

Who should care: Lawyers · Compliance · General readers · Privacy officers · Policy

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