Used in the Diagnosis, Treatment, Or Prevention of a Disease Or As a Component of a Medication;
MENTAL HEALTH CONSIDERATIONS
Authorities: 20 U.S.C. § 1412; 21 U.S.C. § 812 Schedules I, II, III, IV and V; 34 C.F.R. Part 300; Texas Education Code; Texas Health and Safety Code
FEDERAL AND STATE REQUIREMENTS / CITATIONS
EARLY MENTAL HEALTH PROMOTION AND INTERVENTION, SUBSTANCE ABUSE PREVENTION AND INTERVENTION, AND SUICIDE PREVENTION
P / The board of trustees of each local educational agency (LEA) may adopt a policy concerning early mental health promotion and intervention, substance abuse prevention and intervention, and suicide prevention. / TX Health and Safety Code 161.325(d)
P / Each LEA may select a program or programs appropriate for implementation from the Texas Education Agency list of recommended best practice-based early mental health promotion and intervention, substance abuse prevention and intervention, and suicide prevention programs for implementation in public elementary, junior high, middle, and high schools within the general education setting. / TX Health and Safety Code 161.325
PSYCHOTROPIC DRUGS AND PSYCHIATRIC EVALUATIONS OR EXAMINATIONS
P / "Psychotropic drug" means a substance that is: / TEC 38.016(a)(2)
- 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.
P / The LEA employee may not: / TEC 38.016(b)
- Recommend that a student use a psychotropic drug;
- Suggest any particular diagnosis;
- 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 student from attending a class or participating in a school-related activity; or
- Require a student to obtain a prescription for a substance covered by the Controlled Substances Act as a condition of attending school, receiving an evaluation, or receiving services under the Individuals with Disabilities Education Act.
21 USC 812(c)
P / The above limitations do not: / TEC 38.016(c)
- Prevent an appropriate REFERRAL FOR POSSIBLE SPECIAL EDUCATION SERVICES;
- Prohibit the LEA employee who is a registered nurse, advanced nurse practitioner, physician, or certified or appropriately credentialed mental health professional from recommending that a student be evaluated by an appropriate medical practitioner; or
- Prohibit the LEA employee from discussing, consulting, or sharing any aspect of a student's behavior or academic progress including classroom-based observations with the student's parents or guardian or another LEA employee 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.
Last Updated: MondayWednesday, December 03, 201218, 2013
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