On August 26, 2026, the U.S. Department of Education (USDE) disseminated a Dear Colleague Letter (DCL) informing school districts it will consider all mental health screenings and other student surveys, such as those related to sex behavior or attitudes, to be “required” by a school district even when presented as optional, and thus subject to parental notification and consent procedures. Thus, such surveys are automatically considered “required” because students may feel influenced to fill them out.

According to the DCL, “When an educator, counselor, or other school official administers a survey, evaluation, or analysis, students commonly feel obligated to participate” and “Because an authority figure is on the other side of the survey, evaluation, or analysis, students also rarely feel the need to ask a parent to review or approve it beforehand.”

The DCL also said that students’ decisions to fill out surveys on sensitive topics can be influenced by peer pressure, fear of not participating, or wanting to please a teacher or authority figure. Thus, school districts will be required to provide parents a chance to review the survey and provide written consent for student participation. Opt-outs would not fulfill the requirement of securing parental consent.

This would also apply to mental health screenings on emotional well-being, internalized distress, social interactions or other questionnaires indicating psychological well-being. In addition,  the DCL says “gender plans” for students must be accessible to parents even if they are not classified by the district as “education records.”

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