Prohibition on Mandatory Medication
Amendment.
On December 3,
2004, President George W. Bush signed the "Prohibition on
Mandatory Medication Amendment." This amendment is found in the
new IDEA 2004. Most portions of the new IDEA go into effect on
July 1, this year.
Section 612(a)(12) of Public Law 108-446, reads as follows:
(25) PROHIBITION ON MANDATORY MEDICATION.--
(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).
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