Psychotropic Medications at Schools

Psychotropic Medications at Schools

Current as of January 3, 2005

States that passed legislation in the 2004 session

New Hampshire passed legislation establishing a committee to study the prescription and use of psychotropic drugs, including Ritalin, in childcare centers, preschools, and public schools, grades K through 12. Delaware's House of Representatives adopted Resolution 83 creating a task force to study the patterns of treatment of ADD and ADHD in school-aged children and the role of school personnel in the recommendation process for the use of psychotropic and sympathomimetic medications on school aged children.

Approximately 15 states considered legislation related to psychotropic and sympathomimetic medications and psychiatric treatment for school-age children. Psychotropic medications are drugs that have an altering effect on perception, emotion or behavior. Sympathomimetic drugs produce physiological effects resembling those caused by the activity or stimulation of the sympathetic nervous system. Examples of these drugs include Ritalin, Adderall, Cylert and Dexedrine. These drugs are generally used in the treatment of Attention Deficit Disorder (ADD) or Attention Deficit Hyperactivity Disorder (ADHD).

Below is a list of states that have laws related to psychotropic medications at schools and a chart of states that introduced legislation in the 2004 session. These laws and bills primarily focus on school personnel recommending psychotropic medications for students and recommending medical evaluations for students for suspected behavioral disorders.

States that passed laws prior to the 2004 legislative session

Georgia adopted a resolution to investigate the use of psychotropic medications and their effects on school aged children in the state.

Colorado enacted legislation regarding school board policies covering when personnel may address health care treatment for student behavior issues; requires each school board to adopt a policy prohibiting school personnel from recommending or requiring the use of a psychotropic drug by any student.

Connecticut prohibits school personnel from recommending the use of psychotropic drugs for any child, but does not prohibit recommending a child be evaluated by a medical practitioner or school personnel from consulting with one.

Hawaii adopted two resolutions requesting the departments of health and education research and examine the use and effectiveness of medication for children with behavioral problems.

Illinois requires training of school personnel on the use of psychotropic medications and does not prohibit school medical staff from recommending that a student be evaluated or from consulting with a medical practitioner about a student.

Oregon prohibits K through 12 public school administrators, teachers, counselors or nurses from recommending that a student seek a prescription for a medication that is prescribed with the intent of affecting or altering the thought processes, mood or behavior of the student.

Texas prohibits school personnel from recommending that a student use a psychotropic drug or suggest any particular diagnosis or use the refusal by a parent to consent to the administration of a psychotropic drug to or psychiatric evaluation or examination of a student as grounds, by itself, for prohibiting the child from attending a class or participating in a school-related activity. Does not prohibit a school district employee from recommending that a child be evaluated by an appropriate medical practitioner.

Virginia directed the Board of Education to develop and implement policies prohibiting school personnel from recommending the use of psychotropic medications for any student.

State's that have introduced legislation in 2004 (includes carryover 2003-2004)

State

Bill Number

Alaska

AK SB 5

Would prohibit school personnel from recommending or requiring a child take or continue to take a psychotropic drug as a condition for attending a public school, conducting or recommending a parent or guardian seek psychiatric or behavioral health evaluation of a child, recommending a health specialist to a parent or guardian, recommending the administration of psychotropic medication, or recommending psychological or psychiatric treatment of a child. School personnel may communicate information to other school personnel about a child and may inform a parent or guardian of a perceived behavioral problem.

California

CA AB 1424

Specifies that refusal of a parent or guardian of a child to administer or consent to the administration of any psychotropic drug or psychological or psychiatric evaluations or treatments would not constitute a basis for finding that the child should be removed from the custody of the parent or guardian.

Delaware
DE HR 83 (Adopted by the House of Representatives on June 30, 2004)

Creates a task force to study the patterns of treatment of ADD and ADHD in school-aged children and the role of school personnel in the recommendation process for the use of psychotropic and sympathomimetic medications on school aged children.

Florida

FL HB 1275 and a section of SB 1578e1

Would require that public school district boards prohibit personnel from requiring a student to take any psychotropic or similar mind altering medication as a condition of attending school or receiving educational services. School district personnel would be able to consult or share observations with parents regarding a student's academic performance or behavior or the need for evaluation for special education or related services provided the evaluation is strictly academic and not psychologically or psychiatrically based.

FL SB 1140 and HB 223

Specifies that parental refusal to administer psychotropic medication to a child shall not constitute grounds for Children and Family Services Department to take a child into custody; would require district school board policies to prohibit personnel working in child care facilities from administering medications to a child without written authorization of the child's parent or guardian except in the event of a medical emergency; and directs school boards to adopt rules prohibiting school board personnel from recommending psychotropic medication for a student, however it would not prohibit school board medical personnel from recommending that a student be evaluated or consulting with a medical practitioner with the consent of the student's parent.

Kentucky

KY HJR 58

Would request that the Kentucky Department of Education provide education and training to school personnel regarding the use of psychotropic drugs; provide guidelines for school personnel and procedures to follow when recommending a child be evaluated; urges the Cabinet for Families and Children to ensure that a parent's refusal to allow a child to receive psychotropic drugs as part of treatment not be used as sole grounds for taking a child into custody; and requests a study of the issues related to psychotropic drugs.

Massachusetts

MA HB 2227

Would prohibit the school committee, any teacher, any counselor or any other agent from requiring a student be placed on a psychotropic drug in order to attend or remain in school. Prohibits the right to recommend or suggest the use of a psychotropic drug for any child.

Michigan

MI HB 4025

Would direct the Department of Education to develop and distribute model policy concerning chronic behavior issues and psychotropic medications for pupils. This policy should include, allowing school personnel to discuss a child's behavior with the parent or with parental consent, refer the child for an educational evaluation or appropriate health care provider. Would prohibit a teacher from making a psychological or medical diagnosis of a behavioral condition or disorder or recommending a psychotropic drug.

Mississippi

MS HB 40

Would require physicians and psychiatrists who diagnose any child with Attention Deficit Disorder (ADD) or Attention Deficit Hyperactivity Disorder (ADHD) to report the total number of those children to the respective school districts where the children attend school.

New Hampshire

NH HB 551 (Signed by governor June 15, 2004. Chapter 237)

Establishes a committee to study the prescription and use of psychotropic drugs, including Ritalin, in childcare centers, preschools, and public schools, grades K through 12.

New York

NY AB 3563

Would prohibit school personnel and school districts from suggesting or recommending the use of psychotropic drugs for students.

NY AB 5760 and SB 3458

Would direct the commissioner of education to establish rules and regulations prohibiting school personnel from recommending psychotropic drugs for children.

Oklahoma

OK HB 2272

Would require the board of education to develop and implement policy prohibiting school personnel from recommending the use of psychotropic medication for any student. Would prohibit disciplinary action against the student and prohibit school personnel from making child abuse or neglect report to authorities based solely on the parent or guardian's refusal to administer or consent to the administration of such medications to the student. Would not prohibit teachers or other school personnel from consulting or sharing observations with parents or guardians regarding the academic performance or behavior of the student, or regarding the need for evaluation for special education. Would not prohibit a school district from making available to an interested parent or guardian a list of resources and services.

Pennsylvania

PA HB 996

Would direct each board of school directors to adopt and implement a policy prohibiting any school personnel from recommending the use of psychotropic drugs for any child. Would not prohibit any staff from recommending that a child be evaluated by appropriate medical practitioner or consulting with a medical practitioner with the consent of the parent's or guardian of the child.

PA HB 1016

Would prohibit a school official or employee from recommending that a student use any psychotropic or sympathomimetic drugs. Would not prohibit staff from recommending an evaluation of a child by an appropriate medical practitioner or school personnel from consulting with the medical practitioner with the consent of the student's parents.

Tennessee

TN HB 663 and SB 547

Would prohibit administration of any psychotropic drug to a student in public elementary or secondary school unless the school has obtained authorization and direction from the student's physician. Would require that the departments of health and education adopt rules and regulations to govern the administration of psychotropic drugs to pupils in public schools.

TN HB 708 and SB 635

Supports the creation of a statewide task force to discuss and resolve matters relative to the usage of ritalin in schools. Would prohibit a local education agency from recommending the use of psychotropic drugs to treat children in elementary or secondary schools until said task force has been formed and issued a repot regarding the use of psychotropic drugs to treat students with behavioral disorders. Would allow a school's medical staff to recommend medical evaluation of a student with the parent's or legal guardian's consent.

TN SB 636 and HB 707

Would prohibit an employee or person under contract with a local board of education from recommending the use of psychotropic drugs to treat children enrolled in elementary or secondary schools. Would allow a school's medical staff to recommend appropriate medical evaluation of a student with the parent's or legal guardian's consent.

Vermont

VT HB 706

Would prohibit public schools from requiring a child to take psychotropic drugs as a condition of attending school; creates an informed consent process for parents or guardians regarding the use of psychotropic drugs prescribed to children; prohibits social and rehabilitation services from taking custody of a child because a parent or guardian refuses to administer such drug to the child; directs the commissioner of health to conduct an annual assessment of the prescribing patterns of psychotropic medications to school-age children and to study the feasibility of creating a statewide pharmacy database.

VT SB 30

Would prohibit schools from requiring that a child take a sympathomimetic medication, such as Ritalin, as a condition of attending school. Would allow a medical inspector or a teacher to recommend that a child be evaluated by an appropriate medical practitioner; however, a parent or guardian may agree or disagree to allow the child to take the medication.

Washington

WA HB 2571 and SB 6289

Would direct public and private schools to implement a policy that prohibits school personnel from recommending the use of psychotropic drugs for any child. They may recommend an evaluation be conducted by a licensed physician if they perceive the child may have a behavioral or psychological problem.

If there are any errors or omissions, please feel free to contact the Adolescent and School Health Project.

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