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Back to December Ed Reporter

Education Reporter
NUMBER 215 THE NEWSPAPER OF EDUCATION RIGHTS DECEMBER 2003

Texas Laws Banning Drug-Pushing by Schools 

H.B. 1406 contains the following relevant provisions:

PSYCHOTROPIC DRUGS AND PSYCHIATRIC EVALUATIONS OR EXAMINATIONS.

  1. In this section:
    1. "Parent" includes a guardian or other person standing in parental relation.
    2. "Psychotropic drug" means a substance that is:
      1. used in the diagnosis, treatment, or prevention of a disease or as a component of a medication; and
      2. intended to have an altering effect on perception, emotion, or behavior.
  2. A school district employee may not:
    1. recommend that a student use a psychotropic drug; or
    2. suggest any particular diagnosis; or
    3. use the refusal by a parent to consent to administration of a psychotropic drug to a student or to a 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.
  3. Subsection does not:
    1. prevent an appropriate referral under the child find system required under 20 U.S.C. Section 1412, as amended; or
    2. prohibit a school district employee who is a registered nurse, advanced nurse practitioner, physician, or certified or appropriately credentialed mental health professional from recommending that a child be evaluated by an appropriate medical practitioner; or
    3. prohibit a school employee from discussing any aspect of a child's behavior or academic progress with the child's parent or another school district employee.
  1. The board of trustees of each school district shall adopt a policy to ensure implementation and enforcement of this section.
  2. An act in violation of Subsection (b) does not override the immunity from personal liability granted in Section 22.051 or other law or the district's sovereign and governmental immunity.

H.B. 320 contains the following relevant provisions:

REFUSAL OF PSYCHIATRIC OR PSYCHOLOGICAL TREATMENT OF CHILD AS BASIS OF REPORT OF NEGLECT.

An employee of a school district may not use or threaten to use the refusal of a parent, guardian, or managing or possessory conservator of a child to administer or consent to the administration of a psychotropic drug to the child, or to consent to any other psychiatric or psychological testing or treatment of the child, as the sole basis for making a report of neglect of the child under Subchapter B, Chapter 261, Family Code, unless the employee has cause to believe that the refusal: (1) presents a substantial risk of death, or (2) has resulted in an observable and material impairment to the growth, development, or functioning of the child.


 
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