20 U.S.C. § 7101

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 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 subchapter 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 subchapter and conducted in connection with an elementary school or secondary school under this subchapter.

(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 1232g of this title.

(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 11434a of title 42.

(b) Prohibited use of funds

No funds under this subchapter 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 802 of title 21 as a condition of-

(1) receiving an evaluation or other service described under this subchapter; or

(2) attending a school receiving assistance under this subchapter.

20 U.S.C. § 7101

Pub. L. 89-10, title IV, §4001, as added Pub. L. 114-95, §4002, 129 Stat. 1967.

EDITORIAL NOTES

PRIOR PROVISIONSA prior section 7101, Pub. L. 89-10, title IV, §4001, as added Pub. L. 107-110, §401, Jan. 8, 2002, 115 Stat. 1734, provided that this part could be cited as the "Safe and Drug-Free Schools and Communities Act", prior to repeal by Pub. L. 114-95, §5, title IV, §4002, Dec. 10, 2015, 129 Stat. 1806, 1967, effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs.Another prior section 7101, Pub. L. 89-10, title IV, §4001, as added Pub. L. 103-382, §101, 108 Stat. 3672, set forth short title of subchapter as the "Safe and Drug-Free Schools and Communities Act of 1994", prior to the general amendment of this subchapter by Pub. L. 107-110.A prior section 4001 of Pub. L. 89-10 was classified to section 3041 of this title, prior to the general amendment of Pub. L. 89-10 by Pub. L. 103-382.

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATESection effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114-95, set out as an Effective Date of 2015 Amendment note under section 6301 of this title.

State: The term "State" means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and each of the outlying areas.
child: The term "child" means any person within the age limits for which the State provides free public education.
elementary school: The term "elementary school" means a nonprofit institutional day or residential school, including a public elementary charter school, that provides elementary education, as determined under State law.
parent: The term "parent" includes a legal guardian or other person standing in loco parentis (such as a grandparent or stepparent with whom the child lives, or a person who is legally responsible for the child's welfare).
specialized instructional support services: The term "specialized instructional support services" means the services provided by specialized instructional support personnel.