HCS CSSB 48(HES) am H: "An Act relating to recommending or refusing psychotropic drugs or certain types of evaluations or treatments for children."
00 HOUSE CS FOR CS FOR SENATE BILL NO. 48(HES) am H 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. (a) Except as provided in AS 14.30.172 - 07 14.30.176, school personnel may not, unless otherwise authorized by law or a specific 08 policy adopted by a governing body of a school district, 09 (1) recommend to a parent or guardian that a child take or continue to 10 take a psychotropic drug as a condition for attending a public school; 11 (2) require that a child take or continue to take a psychotropic drug as a 12 condition for attending a public school, except when, in the opinion of the child's 13 treating physician, 14 (A) the medication is necessary for the mental health of the
01 child; or 02 (B) the child poses a risk of harm to self or others without the 03 medication; 04 (3) conduct a psychiatric evaluation of a child; 05 (4) recommend a specific licensed physician, psychologist, or other 06 health specialist to a parent or guardian for a child; or 07 (5) recommend that a parent or guardian seek or use for a child 08 (A) a psychotropic medication; or 09 (B) a psychiatric or psychological treatment. 10 (b) As used in this section, "school personnel" means persons employed by a 11 public school or school district to work in a public school, except for a person who 12 holds a special services type C certificate issued under AS 14.20 that qualifies the 13 person to be employed to provide related services to students, as described in 14 regulations adopted by the board. 15 Sec. 14.30.172. Communication not prohibited. (a) Nothing in AS 14.30.171 16 may be construed to prohibit school personnel from 17 (1) consulting or sharing classroom-based observations with parents or 18 guardians regarding a student's academic and functional performance, behavior in the 19 classroom or school, or regarding the need for evaluation for special education or 20 related services as long as school personnel do not make an assertion or 21 recommendation that violates AS 14.30.171; or 22 (2) exercising their authority relating to the placement within the 23 school or readmission of a child who may be or has been suspended or expelled for a 24 violation of a school disciplinary and safety program adopted under AS 14.03.160, 25 AS 14.30.045, or AS 14.33.110 - 14.33.140. 26 (b) Nothing in AS 14.30.171 may be construed to prevent teachers or other 27 school personnel from complying with the requirements of AS 47.17.020(a) or (b) or 28 from filing a report to authorities if a child poses a serious and imminent risk to the 29 child's or another person's safety. 30 Sec. 14.30.174. Compliance with federal education law. (a) Notwithstanding 31 AS 14.30.171(a)(3) and (5), a behavioral or mental health professional working within
01 a public school system may, in compliance with federal education law or applicable 02 state law, 03 (1) recommend, but not require, a psychiatric or behavioral health 04 evaluation of a child; and 05 (2) recommend, but not require, psychiatric, psychological, or 06 behavioral treatment for a child. 07 (b) In this section, 08 (1) "behavioral health professional" means a person who has a master's 09 degree in psychology, social work, counseling, or a related field with specialization or 10 experience in working with children experiencing behavioral, physical, and emotional 11 disabilities, and is working within the scope of the person's training and experience; 12 (2) "federal education law" means 20 U.S.C. 1400 - 1487 (Individuals 13 with Disabilities Education Act), 20 U.S.C. 7101 - 7143 (Safe and Drug-Free Schools 14 and Communities Act of 1994), 29 U.S.C. 794 (nondiscrimination under federal grants 15 and programs), and 42 U.S.C. 12101 - 12213 (equal opportunity for individuals with 16 disabilities); 17 (3) "mental health professional" has the meaning given in 18 AS 47.30.915. 19 Sec. 14.30.176. List of community resources. (a) Notwithstanding 20 AS 14.30.171(a)(4), a school district may make available to an interested parent or 21 guardian a list of community resources, including mental health services if the list 22 conspicuously states the following: "This list is provided as a resource to you. The 23 school neither recommends nor requires that you use this list or any of the services 24 provided by individuals or entities on the list. It is for you to decide what services, if 25 any, to use and from whom you wish to obtain them." 26 (b) A list provided under (a) of this section must include the name, specialty, 27 and credential of each mental health service provider listed. 28 Sec. 14.30.177. Violations. Each school board shall adopt a policy that 29 provides that an employee violating AS 14.30.171 - 14.30.176 may be subject to 30 disciplinary action. 31 Sec. 14.30.179. Definition. In AS 14.30.171 - 14.30.179, "public school"
01 means a school operated by publicly elected or appointed school officials in which the 02 program and activities are under the control of those officials and that is supported by 03 public funds.