http://pol.tasb.org/Policy/Download/934?filename=FFAC(LEGAL).pdf

 

Education Code 38.011(a), (c) An employee of the District is prohibited from requiring a child to obtain a prescription for a substance covered under the federal Controlled Substances Act (21 U.S.C. 801 et seq.) as a condition of attending school, receiving an evaluation for special education, or receiving special education and related services. An employee is not prohibited from consulting or sharing class-room-based observations with parents regarding a student’s academic and functional performance, behavior in the classroom or school, or the need for evaluation for special education or related services.

 

PSYCHOTROPICS AND PSYCHIATRIC EVALUATIONS 20 U.S.C. 1412(a) (25)

 

A 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. Psychotropic drug means a substance that is used in the diagnosis, treatment, or prevention of a disease or as a component of a medication and intended to have an altering effect on perception, emotion, or behavior.

 

Education Code 38.016(b) 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 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;