In events with direct implications for every superintendent and special education administrator, the U.S. Department of Education and the Illinois State Board of Education both issued Guidance on related topics. First, the Student Privacy Policy Office (“SPPO”) of the U.S. Department of Education issued in August a letter to superintendents nationwide regarding its interpretation of the Protection of Pupil Rights Amendment (“PPRA”). Then, consistent with the requirements of 105 ILCS 5/2-3.03 of the School Code, ISBE issued a 61-page Universal Mental Health Screening Non-Regulatory Guidance.
The two documents are expansive and necessary reading.
1. SPPO Letter to Superintendents. The PPRA has been in effect since it was enacted in 1978. The “Hatch Amendment,” as it is commonly called, requires schools to allow parent review of certain types of surveys and requires parental consent before administering certain types of surveys or evaluations as well as the administration of certain types of physical exams or screenings. The SPPO Letter reverses 2020 policy positions by expanding the application of the PPRA and then notifies school districts of the Department’s intent to enforce the statute against school districts.
2. ISBE Non-Regulatory Guidance. The ISBE Guidance on Universal Mental Health Screenings implements the requirements of 2-3.03 of the School Code requiring school districts to implement a program of health screenings by the beginning of the 2027-2028 school year unless granted an extension by ISBE. The Guidance covers a wide range of topics including implementation options such as integration into a district’s existing MTSS and student support team systems. Most importantly, the Guidance recognizes the many legal issues involved in implementing mental health screenings. As the Guidance itself states, “School Districts are strongly encouraged to consult with their legal counsel prior to implementing any universal mental health screening process.”
Consistent with ISBE Guidance, contact any of our Student/Special Education attorneys with your inquiries.
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