Medication // "Prohibition on Mandatory Medication Amendment"

Discussion in 'Special Ed 101 Archives' started by Sara PA, Dec 12, 2004.

  1. Sara PA

    Sara PA New Member

    On Dec. 3rd, President Bush signed into law an amendment to IDEA, the "Prohibition on Mandatory Medication Amendment," which prohibits schools from requiring children to take psychiatric medications in order to attend school.

    It applies to Controlled Substances only, i.e., stimulants
    -- See Part B (611-614). search for "Controlled"
    This is the exact wording:


    (A) IN GENERAL. " The State educational agency shall prohibit State and local educational agency personnel from requiring a child to obtain a prescription for a substance covered by the Controlled Substances Act (21 U.S.C. 801 et seq.) as a condition of attending school, receiving an evaluation under subsection (a) or (c) of section 614, or receiving services under this title.

    (B) RULE OF CONSTRUCTION.- Nothing in subparagraph (A) shall be construed to create a Federal prohibition against teachers and other school personnel consulting or sharing classroom-based observations with parents or guardians regarding a student's academic and functional performance, or behavior in the classroom or school, or regarding the need for evaluation for special education or related services under paragraph (3).
  2. Sheila

    Sheila Moderator

    This is very good news for parents that do not want to medicate their child. Medicating a child is strictly a parent decision in my opinion.

    Texas already has a law on the books prohibiting requiring parents to medicate their children.

    Thanks for the link!