Lawmakers divided after federal complaint targets student mental health
screening law
[November 12, 2025]
By Catrina Barker | The Center Square contributor
(The Center Square) – Illinois lawmakers are responding after America
First Legal (AFL) filed a federal complaint urging the U.S. Department
of Education to investigate Illinois’ new law requiring annual student
mental health screenings without parental consent, a move the group
calls a “clear violation of federal law.”
State Rep. Regan Deering, R-Decatur, who voted against the bill, said
she’s not surprised by the legal challenge.
“As a mom, I’m concerned about the growing number of mandates coming out
of Springfield that are removing parents from decisions about our own
children,” Deering said. “Whether the issue has been curriculum or, in
this case, mental health screenings, parents deserve to know what’s
happening and to give their consent, not an opt-out.”
Supporters of the law, including Democratic state Rep. Lindsey LaPointe,
D-Chicago, defended it as an urgent step toward addressing what she
called a long-standing youth mental health crisis.
“Our kids deserve timely support, but all too often families hit
waitlists or brick walls when searching for a provider with openings or
who will take their insurance. As some of us do the urgent work to grow
access to care, it’s disappointing that others spend energy putting up
roadblocks,” LaPointe told The Center Square.
LaPointe sponsored the bill, which passed both chambers in the spring
2025 legislative session. The law requires schools to administer yearly
mental health checks for students in grades 3 through 12 without first
obtaining affirmative parental permission.
Deering said the intention behind the law may be good, but the approach
is deeply flawed.
“Increasing access to mental health resources is, of course, important,
but this law is doing it the wrong way,” Deering told The Center Square.
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Illinois state Rep. Regan Deering, R-Decatur, speaks at an outdoor
event. Photo: Greg Bishop / The Center Square
AFL argues in its complaint the state law violates the Protection of
Pupil Rights Amendment (PPRA), a federal statute requiring schools
to get written consent before asking students personal questions
about mental or psychological issues affecting them or their
families.
“The State of Illinois has no right to interrogate, investigate, or
even ask children about their emotions or family life without
parental consent,” said Nick Barry, senior counsel for America First
Legal. “Federal law is clear: parents decide, not schools, not
bureaucrats. This law is unconstitutional, unlawful, and
unacceptable.”
AFL warns the screenings could trigger child welfare investigations,
since teachers must report suspected abuse, effectively turning
classrooms into state surveillance and undermining parents’ presumed
role as their children’s best advocates.
“Instead of empowering parents and partnering with schools, it’s
burdening teachers with another unfunded mandate,” Deering said.
Deering said the law reflects a growing pattern of “top-down”
policymaking that sidelines families.
“We’re looking at a top-down approach that’s inviting this exact
kind of legal challenge,” she said. “It’s further eroding the trust
between our families and our schools.”
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