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  New Federal Law
Protects Public School Children!
 
Responding to parents who have been pressured by school officials to place their child on a psycho-stimulant like Ritalin or be barred from attending school, Congress has passed precedent-setting legislation protecting parental choice.

After several failed efforts, including the Child Medication Safety Act, Congress has amended the Individuals with Disabilities in Education Act (IDEA) to add a specific section prohibiting "mandatory medication" in schools. The Act was signed into law on December 4, 2004.

Titled "Prohibition on Mandatory Medication Amendment," the amendment requires state and local authorities to implement policies that prohibit public school's from conditioning a child's education on the use Ritalin or any other controlled substance.

The relevant section reads:

(25) PROHIBITION ON MANDATORY MEDICATION-

`(A) IN GENERAL- The State educational agency shall prohibit State and local educational agency personnel from requiring a child to obtain a prescription for a substance covered by the Controlled Substances Act (21 U.S.C. 801 et seq.) as a condition of attending school, receiving an evaluation under subsection (a) or (c) of section 614, or receiving services under this title.

`(B) RULE OF CONSTRUCTION- Nothing in subparagraph (A) 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 paragraph (3).

Read the complete text of Public Law 108-446.

While the IDEA act has many provisions which the Center for Cognitive Liberty & Ethics views unfavorably, we are very pleased with the above sections that block coercive medication practices by schools that receive federal funding.

 

 



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