By Catrina Barker | The Center Square contributor
The Center Square

(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.

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.”