CSSB 48(HES): "An Act relating to recommending or refusing psychotropic drugs or certain types of evaluations or treatments for children."
00 CS FOR SENATE BILL NO. 48(HES) 01 "An Act relating to recommending or refusing psychotropic drugs or certain types of 02 evaluations or treatments for children." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 14.30 is amended by adding new sections to read: 05 Article 2A. Psychiatric and Behavioral Evaluations and Treatments. 06 Sec. 14.30.171. Prohibited actions. Except as provided in AS 14.30.172 - 07 14.30.176, school personnel may not, unless otherwise authorized by law, 08 (1) recommend to a parent or guardian that a child take or continue to 09 take a psychotropic drug as a condition for attending a public school; 10 (2) require that a child take or continue to take a psychotropic drug as a 11 condition for attending a public school; 12 (3) conduct a psychiatric or behavioral health evaluation of a child; 13 (4) recommend a specific licensed physician, psychologist, or other 14 health specialist to a parent or guardian for a child;
01 (5) recommend that a parent or guardian seek or use for a child 02 (A) a psychotropic medication; or 03 (B) a psychiatric or psychological treatment; or 04 (6) except when refusal of consent causes a child to suffer mental 05 injury or neglect, as defined in AS 47.17.290, make a report of suspected child abuse 06 or neglect to authorities, including the Department of Health and Social Services, 07 based solely on the fact that a parent or guardian refuses to give signed consent for 08 (A) the administration of a psychotropic drug to a child; 09 (B) a psychiatric, psychological, or behavioral treatment of a 10 child; or 11 (C) a psychiatric or behavioral health evaluation of a child. 12 Sec. 14.30.172. Communication not prohibited. (a) Nothing in AS 14.30.171 13 may be construed to prohibit school personnel from 14 (1) consulting or sharing classroom-based observations with parents or 15 guardians regarding a student's academic and functional performance, behavior in the 16 classroom or school, or regarding the need for evaluation for special education or 17 related services as long as school personnel do not 18 (A) make an assertion or recommendation that violates 19 AS 14.30.171; or 20 (B) denigrate, criticize, punish, or attempt to denigrate, 21 criticize, or punish, a parent, guardian, or child for a decision made by the 22 parent or guardian pertaining to whether the child takes, does not take, or 23 discontinues taking a psychotropic medication; or 24 (2) exercising their authority relating to the placement within the 25 school or readmission of a child who may be or has been suspended or expelled for a 26 violation of a school disciplinary and safety program adopted under AS 14.33.110 - 27 14.33.140. 28 (b) Nothing in AS 14.30.171 may be construed to prevent teachers or other 29 school personnel from complying with the requirements of AS 47.17.020. 30 Sec. 14.30.174. Compliance with federal education law. (a) Notwithstanding 31 AS 14.30.171(3) and (5), a behavioral or mental health professional working within a
01 public school system may, for the sole purpose of complying with federal education 02 law, 03 (1) recommend, but not require, a psychiatric or behavioral health 04 evaluation of a child; 05 (2) recommend, but not require, psychiatric, psychological, or 06 behavioral treatment for a child; and 07 (3) conduct a psychiatric or behavioral health evaluation of a child 08 with the consent of the child's parent or guardian. 09 (b) In this section, 10 (1) "behavioral health professional" means a person who has a master's 11 degree in psychology, social work, counseling, or a related field with specialization or 12 experience in working with children experiencing behavioral, physical, and emotional 13 disabilities, and is working within the scope of the person's training and experience; 14 "behavioral health professional" does not include a person employed as a teacher; 15 (2) "federal education law" means 20 U.S.C. 1400 - 1487 (Individuals 16 with Disabilities Education Act), 20 U.S.C. 7101 - 7143 (Safe and Drug-Free Schools 17 and Communities Act of 1994), 29 U.S.C. 794 (nondiscrimination under federal grants 18 and programs), and 42 U.S.C. 12101 - 12213 (equal opportunity for individuals with 19 disabilities); 20 (3) "mental health professional" has the meaning given in 21 AS 47.30.915. 22 Sec. 14.30.176. List of community resources. Notwithstanding 23 AS 14.30.171(4), a school district may make available to an interested parent or 24 guardian a list of community resources, including mental health services if the list 25 conspicuously states the following: "This list is provided as a resource to you. The 26 school neither recommends nor requires that you use this list or any of the services 27 provided by individuals or entities on the list. It is for you to decide what services, if 28 any, to use and from whom you wish to obtain them." 29 Sec. 14.30.177. Violations. (a) A violation of AS 14.30.171 - 14.30.176 30 constitutes substantial noncompliance with a school law of the state for purposes of 31 dismissal of a teacher under AS 14.20.170 or nonretention of a teacher under
01 AS 14.20.175. 02 (b) Each school board shall adopt a bylaw under AS 14.14.100 that provides 03 that violation of AS 14.30.171 - 14.30.176 is grounds for disciplinary action against a 04 person employed by the school district. 05 Sec. 14.30.179. Definition. In AS 14.30.171 - 14.30.179, "public school" 06 means a school operated by publicly elected or appointed school officials in which the 07 program and activities are under the control of those officials and that is supported by 08 public funds.