Common Sense in Medicating Students Act Exposed

The Common Sense in Medicating Students Act was adopted by ALEC's Education Task Force at the States and Nation Policy Summit on December 13, 2001, approved by the full ALEC Board of Directors in January, 2002. ALEC has attempted to distance itself from this piece of legislation after the launch of ALECexposed.org in 2011, but it has done nothing to get it repealed in the states where it previously pushed for it to be made into law.

CMD's Bill Summary

This "model" legislation prohibits any school personnel from "recommending" the use of psychotropic drugs for any child to his or her parents, even if the school has a psychiatric or medical staff experienced in making such assessments or recommendations. It also bars the government from taking custody of a child whose parents refuse to administer psychotropic drugs, unless such refusal constitutes neglect or abuse under state law. Basically, this proposed law would prevent school counselors, nurses, psychologists or other medical or expert staff from even making a non-binding recommendation of such medication as part of a special education or other assessment of a child believed to be suffering from hyperactivity, attention deficit disorder, depression, or other severe behavioral problems.

ALEC Bill Text

Summary

This act prohibits any school personnel from recommending the use of psychotropic drugs for any child and protects parents or guardians who refuse to administer psychotropic drugs to their child from having said child taken into custody by the state or local department of child services unless such refusal causes the child to be neglected or abused as defined by state code.

Model Bill

Section 1. {Short Title}

This act shall be cited as The Common Sense in Medicating Students Act.

Section 2. {School Personnel Prohibition}

Each local and regional board of education shall adopt and implement policies prohibiting any school personnel from recommending the use of psychotropic drugs for any child. The provisions of this section shall not prohibit school medical staff from recommending that a child be evaluated by an appropriate medical practitioner, or prohibit school personnel from consulting with such practitioner with the consent of the parents or guardian of such child.

Section 3. {Parental and Guardian Protection}

The refusal of a parent or guardian having control of a child to administer or consent to the administration of any psychotropic drug to such child shall not, in and of itself, constitute grounds for the {enter name of Department of Child Services or appropriate state or local agency} 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 {enter appropriate state code}.

Section 4. {Severability clause.}

Section 5. {Repealer clause.}

Section 6. {Effective date.}

Adopted by ALEC's Education Task Force at the States and Nation Policy Summit December 13, 2001.

Approved by full ALEC Board of Directors January, 2002.