Childrens Mental Health Rights in Schools

Many individuals and parents are not aware that there are laws prohibiting school personnel from requiring parents to administer psychiatric medications to their children as a requisite to going to school.

The Citizens Commission on Human Rights (CCHR) of Florida helps to keep parents and individuals educated about their rights.

Fact: By 2002, funds channeled through “special education” for psychiatrist-defined “learning disabilities” had reached $28 billion. However, the U.S. Department of Education found that 40% of the children being labeled with these “disorders” had simply never been taught to read.
There are many parents throughout the state who are concerned about their rights when they are told by school personnel that their child may have ADHD or other learning or behavioral disorders. Parents and individuals can read the statutes below and learn more about their rights in regard to this issue. The provisions from the Florida Statutes and the Federal Statutes, presented in this section clearly delineate that school personnel cannot coerce a parent to have their child medicated as a requisite to attending school.

2005 Florida Statute
Title XLVII, Chapter 1006.0625 Administration of psychotropic medication; prohibition; conditions.
(1) As used in this section, the term “psychotropic medication” means a prescription medication that is used for the treatment of mental disorders and includes, without limitation, antihypnotics, antipsychotics, antidepressants, anxiety agents, sedatives, psychomotor stimulants, and mood stabilizers.
(2) A public school may not deny any student access to programs or services because the parent of the student has refused to place the student on psychotropic medication. (Emphasis Added)
(3) A public school teacher and school district personnel may share school-based observations of a student’s academic, functional, and behavioral performance with the student’s parent and offer program options and other assistance that is available to the parent and the student based on the observations. However, a public school teacher and school district personnel may not compel or attempt to compel any specific actions by the parent or require that a student take medication. A parent may refuse psychological screening of the student.
Any medical decision made to address a student’s needs is a matter between the student, the student’s parent, and a competent health care professional chosen by the parent. (Emphasis Added)
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Federal Regulations
(from the Code of Federal Regulations - CFR)
34 CFR 300.174 Prohibition on mandatory medication.
(a) General. The SEA (State Education Agency) must prohibit State and LEA (Local Education Agency) 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 for a child as a condition of attending school, receiving an evaluation under statute 300.300 through 300.311, or receiving services under this part.
(b) Rule of construction. Nothing in paragraph (a) of this section 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 statute 300.111.
You can read more of the Federal Regulations at www.problemsinschool.com on the page titled “statutes”.

Additionally, there are the Procedural Safeguards for a parent who has a child in Special Education. This is available at your local school or you can call CCHR Florida to get a copy.

Child Mental Health Rights in Schools