Pub. L. 89-10, tit. IV, pt. A, sec. 4001 (as amended)
GENERAL PROVISIONS.
SEC. 4001. [20 U.S.C. 7101] GENERAL PROVISIONS.
(a) Parental Consent.—
(1) In general.—
(A) Informed written consent.—A State, local educational agency, or other entity receiving funds under this title shall obtain
prior written, informed consent from the parent of each child who is under
18 years of age to participate in any mental-health assessment or service
that is funded under this title and conducted in connection with an
elementary school or secondary school under this title.
(B) Contents.—Before obtaining the consent described in subparagraph (A), the entity shall provide the parent
written notice describing in detail such mental health assessment or
service, including the purpose for such assessment or service, the
provider of such assessment or service, when such assessment or service
will begin, and how long such assessment or service may last.
(C) Limitation.—The informed written consent required under this paragraph shall not be a waiver of any rights or
protections under section 444 of the General Education Provisions Act (20
U.S.C. 1232g).
(2) Exception.—Notwithstanding paragraph (1)(A), the written, informed consent described in such paragraph shall
not be required in—
(A) an emergency, where it is necessary to protect the immediate health and safety of the child, other
children, or entity personnel; or
(B) other instances in which an entity actively seeks parental consent but such consent cannot be
reasonably obtained, as determined by the State or local educational
agency, including in the case of—
(i) a child whose parent has not responded to the notice described in paragraph (1)(B); or
(ii) a child who has attained 14 years of age and is an unaccompanied youth, as defined in section 725
of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a).
(b) Prohibited Use of Funds.—No funds under this title may be used for medical services or drug treatment or rehabilitation,
except for integrated student supports, specialized instructional support
services, or referral to treatment for impacted students, which may
include students who are victims of, or witnesses to, crime or who
illegally use drugs.
(c) Prohibition on Mandatory Medication.—No child shall be required to obtain a prescription for a controlled substance, as defined in
section 102 of the Controlled Substances Act (21 U.S.C. 802) as a
condition of—
(1) receiving an evaluation or other service described under this title; or
(2) attending a school receiving assistance under this title.
- Cross-references to the US Code
- 20 U.S.C. 7101