If a teacher conducts a behavior screening on public student behavior, is parent consent required under federal law?

Under federal law, specifically the Family Educational Rights and Privacy Act (FERPA) and the Individuals with Disabilities Education Act (IDEA), parent consent is generally required for certain types of assessments that could lead to a determination of a disability or special education needs. However, if the behavior screening is conducted for purposes other than assessing for a disability—such as to enhance classroom management or improve general school climate—parent consent is not necessary.

This distinction is critical because behavior screenings that are not aimed at identifying disabilities do not fall under the requirements that mandate parental consent. Thus, when a teacher is conducting a behavior screening that is not intended for disability assessment, they can proceed without needing explicit consent from parents, making it clear that the intent and purpose of the screening determine the consent requirements rather than the fact that it involves student behavior.