§ 300.174 Prohibition on mandatory medication.

Plain English summary

This section requires State Educational Agencies (SEAs) to prohibit state and LEA personnel from making a prescription for controlled substances a condition of a child's school attendance, evaluation, or receipt of special education services. A rule of construction clarifies that this prohibition does not prevent school personnel from sharing classroom observations with parents or discussing the need for special education evaluation.

Key requirements

• The SEA must prohibit State and LEA personnel from requiring parents to obtain a prescription for substances identified under schedules I, II, III, IV, or V in section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)) for a child as a condition of attending school.
• The SEA must prohibit State and LEA personnel from requiring parents to obtain a prescription for controlled substances as a condition of receiving an evaluation under §§ 300.300 through 300.311.
• The SEA must prohibit State and LEA personnel from requiring parents to obtain a prescription for controlled substances as a condition of receiving services under this part.
• Nothing in paragraph (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.
• Nothing in paragraph (a) shall be construed to create a Federal prohibition against consulting or sharing observations regarding the need for evaluation for special education or related services under § 300.111 (related to child find).

Affected parties

• State Educational Agencies (SEAs)
• Local Educational Agencies (LEAs)
• State and LEA personnel
• Parents and guardians
• Children with disabilities or those being evaluated

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.174