SB 230: "An Act relating to recommending or refusing psychotropic drugs as a treatment for children and to the evaluation and treatment of children with behavioral or psychological problems."
00 SENATE BILL NO. 230 01 "An Act relating to recommending or refusing psychotropic drugs as a treatment for 02 children and to the evaluation and treatment of children with behavioral or 03 psychological problems." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 14.33.120(a) is amended to read: 06 (a) Each governing body shall adopt a written school disciplinary and safety 07 program. The program required under this subsection must include written 08 (1) standards for student behavior and safety that reflect community 09 standards and that include, at a minimum, basic requirements for respect and honesty; 10 standards required under this paragraph must be developed and periodically reviewed 11 with the collaboration of members of each school, parents, teachers, and other persons 12 responsible for the students at a school; a governing body may require that standards 13 developed under this paragraph be consistent for all schools in an attendance area or 14 the district;
01 (2) standards relating to when a teacher is authorized to remove a 02 student from the classroom for 03 (A) failure to follow student behavior and safety standards; or 04 (B) behavior described under AS 14.30.045(1) or (2); 05 (3) procedures for notifying teachers of dangerous students consistent 06 with AS 47.12.310(b); 07 (4) standards relating to when a teacher, teacher's assistant, or other 08 person responsible for students is authorized to use reasonable and appropriate force to 09 maintain classroom safety and discipline as described under AS 11.81.430(a)(2); 10 (5) policies necessary to comply with provisions of state and federal 11 law, including 20 U.S.C. 1400 - 1485 (Individuals with Disabilities Education Act); 12 (6) standards to address needs of students for whom mental health or 13 substance abuse may be a contributing factor to noncompliance with the school 14 disciplinary and safety program; 15 (7) policies for implementing a student conflict resolution strategy, 16 including the nonviolent resolution or mediation of conflicts and procedures for 17 reporting and resolving conflicts; 18 (8) procedures for periodic review and revision of the school 19 disciplinary and safety program; 20 (9) policies prohibiting school personnel from recommending the 21 use of psychotropic drugs for a student and requiring that, if school personnel 22 perceive that a student may have a behavioral or psychological problem, a letter 23 be sent to the parent or other person having care and custody of the child 24 recommending that an appropriate medical or behavioral health evaluation be 25 conducted by a licensed physician. 26 * Sec. 2. AS 47.10.019 is amended to read: 27 Sec. 47.10.019. Limitations on determinations. (a) Notwithstanding other 28 provisions of this chapter, the court may not find a minor to be a child in need of aid 29 under this chapter solely on the basis that the child's family is poor, lacks adequate 30 housing, or exhibits a lifestyle that is different from the generally accepted lifestyle 31 standard of the community where the family lives. However, this subsection
01 [SECTION] may not be construed to prevent a court from finding that a child is in 02 need of aid if the child has been subjected to conduct or conditions described in 03 AS 47.10.011 - 47.10.015. 04 * Sec. 3. AS 47.10.019 is amended by adding a new subsection to read: 05 (b) Notwithstanding other provisions of this chapter, a court may not find a 06 minor to be a child in need of aid and the department may not take custody of a child, 07 including emergency custody, solely based on an allegation or finding that the child's 08 parent or other person having the care and custody of the child has refused to 09 administer or consent to the administration of a psychotropic drug to the child.