Parents in Orange County are urging school officials to change how they handle student mental health services, citing fears over data privacy. Following a major security breach at a widely used education software company, community members told the Board of Education that schools should require active parental consent—known as "opt-in"—before students can access third-party mental health apps.
What Happened
At the January 13 Orange County Board of Education meeting, public commenters warned that sensitive student data is increasingly vulnerable. Speakers specifically cited the recent breach of PowerSchool, a major student information system, as proof that digital records differ significantly from traditional paper files.
Jackie Whelan, a parent addressing the board, argued that because student data is shared across platforms, families need tighter control. “When the PowerSchool information hack came with this community school model, all that information regarding children's personal information and mental health could be anywhere now,” Whelan stated during the meeting. She urged the district to switch to an opt-in model, ensuring no child receives services without a parent explicitly saying “yes” first.
Another speaker, Jennifer Whelan, emphasized that communication must remain open between the school and home. She told the board that any mental health services provided to children should always involve ongoing communication with parents, rather than cutting them out of the process.
The Bigger Picture
The concerns in Orange County reflect a national debate over student privacy and the role of edtech. The PowerSchool breach, which occurred in late 2024, has already triggered significant fallout. In Idaho, school districts have joined a class-action lawsuit alleging the company failed to protect sensitive student and staff information. Meanwhile, privacy commissioners in Canada launched a joint investigation to determine how third-party vendors manage the vast amounts of personal data schools collect.
These security failures are driving policy changes elsewhere. In Texas, a new state law (SB 12) now requires districts to secure written consent for all mental and physical health services. Under this law, schools cannot provide routine counseling or screenings until a parent signs a form, though exceptions exist for emergencies.
However, shifting to an opt-in model has trade-offs. While it protects parental rights, it can create barriers to care. In San Antonio, the new paperwork requirements slowed down the referral process, leaving some students waiting for help because their parents simply missed the notification to opt in.
What This Means for Families
The push for opt-in consent targets third-party telehealth vendors like Daybreak Health, which partners with districts to provide video-based therapy. While these services increase access to care, they also raise questions about who sees the records. Daybreak Health generally provides at-home family tele-mental health for students aged 5 to 18, utilizing video conferencing tools.
Parents should also understand the limits of their access to school records. Under federal law (FERPA), parents have the right to inspect official education records. However, this does not always include a counselor's private notes. According to school district guidelines, personal notes kept by a counselor as a memory aid are often excluded from the files parents can demand to see. This legal distinction is designed to help students trust their counselors, but it often conflicts with parents' desire for total transparency.
What You Can Do
- Check your permissions: Log in to your district's parent portal to see which services you have opted into or out of for the current school year.
- Review vendor privacy policies: If your school uses services like Daybreak Health or PowerSchool, ask the administration specifically how that data is stored and if it is shared with other third parties.
- Update your contact info: If your district moves to an opt-in model, missing an email could mean your child is denied access to school nurses or counselors. Ensure your phone number and email are current in the school's registry.