school employees;
psychiatric diagnosis; medications
DPA |
Committee on Education |
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W/D |
Committee on Health |
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dpa |
Caucus and COW |
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x |
Third Read |
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As Passed the House |
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HB 2220 prohibits school employees from requiring a parent or guardian to seek psychiatric or psychological treatment, diagnoses or examinations for any pupil. Additionally, the bill prohibits transporting a student to a psychiatric treatment facility without written parental consent.
The Education Committee adopted an amendment that eliminates the provision prohibiting mental examinations from taking place on school grounds and allows psychiatric, psychological and behavioral health examinations to be conducted if parental consent is obtained. A substitute amendment to the Education Committee amendment was adopted in the Committee of the Whole that prohibits school employees from requiring a parent or guardian to seek psychiatric or psychological treatment, diagnoses or examinations for any pupil. Additionally, the bill prohibits transporting a student to a psychiatric treatment facility without written parental consent.
Current law requires a school district governing board to establish policies and procedures for administrating medication to students by employees. In cases of a minor student, a written or oral request or authorization of a parent or legal guardian must occur for any administration of medication.
HB 2220 specifically prohibits school employees from allowing the administration of any psychiatric medication unless written parental consent has been obtained. Further, the bill prohibits school employees from coercing a parent or guardian to seek psychiatric treatment for any pupil or transporting any pupil to a psychiatric or psychological treatment facility without parental consent.
· States that a school district employee shall not require a parent or guardian to:
· Seek a psychiatric or psychological diagnoses or evaluation for a child.
· Require the use of a psychiatric medication for any pupil.
· Required the use of a psychiatric medication as a condition of employment.
· Requires the consent of the parent or guardian in order for a school to allow the transportation of any pupil to a psychiatric or psychological treatment facility.
· Prohibits psychiatric, psychological or behavioral health examinations from being conducted on school grounds without written consent from the parent on the specific examination to be administered.
· Clarifies that current sections of statute relating to pupil disciplinary proceedings and disruption of an educational institution are not effected by this act.
HB 2220 was amended in the Human Services Committee as follows:
· Eliminates the prohibition of conducting mental examinations on school grounds and permits psychiatric, psychological or behavioral health examinations to be conducted on school grounds if written consent on the specific examination has been given by the parent or guardian.
A substitute amendment to the Education Committee amendment was adopted in Committee of the Whole as follows:
· States that a school district employee shall not require a parent or guardian to:
· Seek a psychiatric or psychological diagnoses or evaluation for a child.
· Require the use of a psychiatric medication for any pupil.
· Required the use of a psychiatric medication as a condition of employment.
· Requires the consent of the parent or guardian in order for a school to allow the transportation of any pupil to a psychiatric or psychological treatment facility.
· Prohibits psychiatric, psychological or behavioral health examinations from being conducted on school grounds without written consent from the parent on the specific examination to be administered.
· Clarifies that current sections of statute relating to pupil disciplinary proceedings and disruption of an educational institution are not effected by this act.
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45th Legislature
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Second Regular Session 2 April
6, 2002
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