4118.234 - R4118.234 - Psychotropic Drug Use

Certified Personnel

4118.234 - Psychotropic Drug Use

The Board of Education (Board) prohibits all school personnel from recommending the use of psychotropic drugs for any student enrolled within the school system. Moreover, personnel may not require that a child obtain a prescription for a controlled substance in order for the child to: (1) attend school; (2) receive an initial evaluation or reevaluation to determine eligibility for special education; or (3) receive special education and related services. For purposes of this policy, the term "recommend" shall mean to directly or indirectly suggest that a child use psychotropic drugs.

Psychotropic drugs are defined as prescription medications for behavioral or social-emotional concerns, such as attentional deficits, impulsivity, anxiety, depression and thought disorders and includes, but is not limited to stimulant medications and anti-depressants.

However, school health or mental health personnel, including school nurses or nurse practitioners, the District's Medical Advisor, school psychologists, school social workers, and school counselors may recommend that a student be evaluated by an appropriate medical practitioner and school personnel may consult with such practitioner with written parental consent. Such a recommendation for evaluation may be communicated to the parents/guardians at a PPT meeting, or 504 meeting or other similar school meeting deemed to be appropriate under the circumstances. School personnel shall request that the student’s parents/guardians provide written consent to allow for an exchange of information and communication between the school and the medical practitioner who will perform the evaluation.

In addition, the Planning and Placement Team (PPT) may recommend a medical evaluation as part of an initial evaluation or reevaluation, as needed to determine either a child's eligibility for special education and related services, or educational needs for an individualized education program (IEP).

Communications between and among school health, mental health personnel and other school personnel pertaining to a child in possible need of a recommendation for a medical evaluation provided that there is a legitimate interest in sharing such informative and such communication shall remain confidential, to the extent required by law.

Nothing in this policy shall be construed to prohibit a Planning and Placement Team (PPT), 504 team, multi-disciplinary team, or child study team from discussing with parents and/or guardians of a child the appropriateness of consultation with, or evaluation by, medical practitioners with the consent of the parents and/or guardians of a child.

The District shall follow procedures for identification, evaluation, placement and delivery of services to children with disabilities or suspected disabilities provided in state and federal statutes that govern special education.

The Board recognizes that the refusal of a parent, guardian, or other person having control of a child to administer or consent to the administration of any psychotropic drug to the child shall not, in and of itself, constitute grounds for the Department of Children and Families (DCF) to take such child into custody or for any court of competent jurisdiction to order that such child be taken into custody by the Department, unless such refusal causes such child to be neglected or abused, as defined in C.G.S. 46b-120.

The Superintendent of Schools or his/her designee shall distribute this policy and accompanying regulations to District staff and parents/guardians of students annually and upon the registration of new students.

(cf. 5141.231-Psychotropic Drug Use (Students) 5141.4 - Reporting of Child Abuse and Neglect)

Legal Reference:

C.G.S. 10-212b Policies prohibiting the recommendation of psychotropic drugs by school personnel. (as amended by PA 03-211)

C.G.S. 46b-120. Definitions

C.G.S. 10 -76a Definitions. (as amended by PA 00-48)

C.G.S. 10 -76b State supervision of special education programs and services.

C.G.S. 10 -76d Duties and powers of boards of education to provide special education programs and services. (as amended by PA 97-114 and PA 00-48)

C.G.S. 10 -76h Special education hearing and review procedure. Mediation of disputes. (as amended by PA 00-48)

State Board of Education Regulations.

34 C.F.R. 3000 Assistance to States for Education for Handicapped Children.

34 C.F.R. §300.174 Prohibition on mandatory medication

American with Disabilities Act, 42 U.S.C. §12101 et seq.

Individuals with Disabilities Education Act, 20 U.S.C. §1400 et seq.

Rehabilitation Act of 1973, Section 504, 29 U.S.C. § 794.

Policy Adopted: March 2007

Revised: October 2018

Personnel-Certified

R4118.234 – Psychotropic Drug Use

In order to properly implement the Board policy prohibiting school personnel from recommending the use of psychotropic drugs for any child, the following administrative regulations are hereby established:

1. Psychotropic drugs are defined as prescription medications for behavioral or social-emotional concerns, such as attention deficits, impulsivity, anxiety, depression and thought disorders.

2. "Recommend" means to directly or indirectly suggest that a child should use psychotropic drugs.

3. Psychotropic drugs include, but are not limited to, Ritalin, Adderal, Dexedrine and other stimulant medication, and anti-depressants.

4. All school personnel, including teachers and administrators are prohibited from any communications, both oral and written, to the parents and/or guardians of a child enrolled in the Windsor Locks Schools for the purpose of recommending the use of psychotropic drugs for such child.

5. School health or mental health personnel which includes school nurses or nurse practitioners, the District Medical Advisor, school psychologists, school social workers, and school counselors is permitted to discuss with parents and/or guardians of a child the advisability of a medical evaluation by an appropriate medical practitioner when there are behaviors or concerns that may be indicative of medication considerations.

6. School personnel, through the Planning and Placement Team (PPT) referral process, shall communicate to the school medical staff about a child's behavior that may indicate the need for an evaluation.

7. The PPT has the authority and responsibility to recommend a medical evaluation as part of an initial evaluation or reevaluation as needed to determine a child's eligibility for special education and related services, or educational needs for a child's individualized education program (IEP).

8. If a parent/guardian determines that it is necessary to share medical information, including the results of any medical evaluation with school personnel, he/she may do so at any time. School personnel receiving such information directly from a parent/guardian must maintain the confidentiality of such information, to the extent required by law.

9. As required, the District may seek remedy through the due process provisions allowed under the Individuals with Disabilities Educational Act (IDEA) if a parent and/or guardian refuses consent for a reevaluation.

10. Appropriate medical practitioners, such as a psychiatric consultant or physician, with whom the District contracts for services to students or to whom the District makes a referral for an evaluation may recommend such medications.

11. School personnel may consult with the medical practitioner performing the evaluation with the informed consent of the parent or guardian of the child. The purposes of such communication, may include, but are not necessarily limited to, the following:

a. Conveying concerns or observations of a child, both prior to and following a medical evaluation;

b. Requesting health records and other educationally relevant medical evaluations;

c. Providing school records to medical practitioners upon request;

d. Providing information on school performance to help a medical practitioner monitor and evaluate the effectiveness of psychotropic drugs and/or other medical interventions and/or treatment;

e. Discussing with medical practitioners appropriate and necessary nursing or health care in schools to ensure student safety;

f. Disclosure of educationally relevant information by the medical practitioner to school personnel.

Communications shall be in accordance with individualized written consent provided by a student’s parents or guardians to the school.

12. The Department of Children and Families (DCF) is limited by this legislation to take a child into custody solely on the refusal of a parent or guardian to administer or consent to the administration of any psychotropic drug. However, a PPT meeting may be convened if the child is eligible or may be eligible for special education or making a referral to the Department of Children and Families if there are concerns about a child's safety and possible abuse or neglect.

13. A written record of a recommendation for evaluation, request for parental consent to evaluate, and the provision or refusal of parental consent will be maintained in a student’s cumulative and/or special education file.

(cf. 5141.4 - Reporting of Child Abuse and Neglect)

Regulation Approved: October 2018