State & Federal law

Prohibitions on forced psychotropic drugging
of children

State and Federal Laws Passed regarding child drugging

Overall, there are 15 state laws and one federal law that prohibits in some way the drugging of children. Click on the name of the law below to download the full article. See the list below.

Title 20 of United States Code:
Chapter 33, Subchapter II,
§ 1412, State Eligibility
(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 as a condition of attending school, receiving an evaluation under subsection (a) or (c) of section 1414 of this title, or receiving services under this chapter.

(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).

Arizona, House Bill 2024

It says that “A child whose parent, guardian or custodian refuses to put the child on a psychiatric medication or questions the use of a psychiatric medication shall not be considered to be an abused, neglected or dependent child for that reason alone.”

Colorado, House Bill 03-1172

Prohibits school personnel from recommending or requiring the use of a psychotropic drug for any student. School personnel shall not test or require a test for a child's behavior without prior written permission from the parents or guardians of the child and prior written disclosure as to the disposition of the results or the testing therefrom. Through such policy, school personnel should be encouraged to discuss concerns about a child's behavior with the parent or legal guardian of such child and such discussions may include a suggestion by school personnel that the parent or legal guardian speak with an appropriate health care professional.

Connecticut, House Bill 5701

Prohibits any school personnel from recommending the use of psychotropic drugs for any child. Also, the refusal of a parent or other person 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 Department of Children and Families 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.

Florida, House Bill 209

States that a recipient of state funds shall not require a student to be prescribed or administered any psychotropic drug as a condition of such student receiving educational or school based services.  Also states that before a student is evaluated for the purposes of classification or placement for any disorder listed in the DSM, the parent shall be notified that: (a) The behaviors prompting the evaluation could be the result of underlying physical conditions. (b) The parent should consider consulting a medical doctor to rule out physical causes. (c) The parent has the right to decline the evaluation. (d) The evaluation and subsequent classification or placement may be documented on the student's cumulative record.

Florida, Senate Bill 1766

A public school may not deny any student access to programs or services because the parent of the student has refused to place the student on psychotropic medication. A parent may also refuse psychological screening of a student.

Illinois, House Bill 3744

Prohibits any disciplinary action that is based totally or in part on the refusal of a student’s parent or guardian to administer or consent to the administration of psychotropic or psychostimulant drugs to the student.

Minnesota, House Bill 478

A parent, after consulting with health care, education, or other professional providers, may agree or disagree to provide the parent's child with stimulant drugs (such as Ritalin, Vyvanse, Cylert). A parent's refusal to provide the parent's child with such drugs does not constitute educational neglect.

New Hampshire, House Bill 551

This bill provides that a parent's refusal to administer a psychotropic drug to his or her child shall not, in and of itself, provide grounds for the state to take the child into protective custody.

New Mexico, House Bill 53

It prevents the CPS from taking children from their parents if the parents refuse to drug them. It also cannot penalize a parent and stop a child from attending school if the parent refuses to drug the child. Additionally it enforces written informed consent of the parent to screen the kid in a school.

Oregon, Senate Bill 456

A kindergarten through grade 12 public school administrator, teacher, counselor or nurse may not recommend to a parent or legal guardian of a student that the student seek a prescription for a medication that is prescribed with the intent of affecting or altering the thought processes, mood or behavior of the student.

Tennessee, Senate Bill 850

Screening is only permitted if a parent or legal guardian has provided consent and if given, it may be withdrawn at any time. Additionally, a local education agency may not use the parent's refusal to consent to administration of a psychotropic drug to a student or to a mental health screening, evaluation, testing or examination of a child or student as grounds for prohibiting the child from attending class or participating in a school-related activity or as the basis of reporting or charging child abuse, child neglect, educational neglect or medical neglect.

Texas House Bill 1406

A school district employee may not recommend that a student use a psychotropic drug; or suggest any particular diagnosis; or use the refusal by a parent to consent to administration of a psychotropic drug to a student or to a psychiatric evaluation or examination of a student as grounds, by itself, for prohibiting the child from attending a class or participating in a school-related activity.

Texas, House Bill 320

The Texas bill prohibits school employees from threatening to report a parent for neglecting their child solely because they refuse to administer psychiatric drugs to their child (unless the employee has “cause to believe that the refusal … has resulted in an observable and material impairment to the growth, development, or functioning of the child.”) It also mandates that parental consent must be obtained before the administration of any psychological evaluation of the child.

Utah, House Bill 170

The act amends the definition of substantiated child abuse to exclude the failure to administer prescribed medication or course of treatment if the parent or legal guardian has not been notified of the opportunity to obtain a physical examination of the minor by a health care professional.

Virginia, House Bill 90

The Board of Education shall develop and implement policies prohibiting school personnel from recommending the use of psychotropic drugs for any student.

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