SB 48-PSYCH. EVALUATION/TREATMENT FOR STUDENTS  CHAIR DYSON announced SB 48 to be up for consideration. He moved to adopt the version L as the committee's working document. There were no objections and it was so ordered. SENATOR BETTY DAVIS, sponsor of SB 48, deferred the introduction of the bill to her aide Richard Benavides. 3:18:00 PM RICHARD BENAVIDES, staff to Senator Davis, said that SB 48 would ensure that a public school could not deny any student access to programs or services simply because the parent of that student has refused to place him on any kind of psychotropic medication or get a psychiatric evaluation or seek a psychiatric or psychological treatment for that student. He said SB 48 also specifies who is qualified to perform evaluations on students and it outlines protections parents have against being reported to the Office of Child Services (OCS) for refusal to put their children on psychotropic medication. MR. BENAVIDES said the sponsor recognizes that often times psychotropic medication is recommended and prescribed for children with any kind of mental, behavioral, or emotional symptoms when its potential benefits outweigh it potential risks. The US Department of Education (USDOE) has made it clear that while it recognizes that medical professionals are responsible for prescribing medication, educators also play a role in making any type of diagnosis by providing information about a student's behavior. MR. BENAVIDES said that in 2004 reauthorization of the IDAEA law requires each state to prohibit any school district personal from requiring a child to obtain a prescription for a substance covered by the controlled substances act as a condition of attending school, receiving services, or receiving an evaluation for a disability. He said that the bill incorporates the language from that law to clarify that school personnel may share any kind of classroom observations with parents or guardians regarding the student's academic performance and behavior, but they may not compel any specific action by the parent or require the student to take medication. MR. BENAVIDES said that the sponsor feels that any medical decisions regarding student's needs should be a matter between the student, the student's parents, and a competent health care professional chosen by the parent. He added that nothing in the bill precludes any school personal from using any other means of dealing with behavioral problems. 3:20:00 PM CHAIR DYSON remarked that there were some aspects of the L version that caused him concern. He asked him Mr. Benavides to describe some of the changes that were made since the last version. MR. BENAVIDES replied that the sponsor added the phrase "unless authorized by law" after the phrase "school personnel may not" on page 1, line 7. He added that this allows persons certified by school districts to conduct psychological evaluations. He said that the provision on the second page that prohibited school personal from recommending a psychiatric evaluation was dropped. He added that the phrase "except when refusal of consent causes a child to suffer mental injury or neglect" was added to line 4, page 2. 3:24:21 PM CHAIR DYSON asked whether the purpose of this bill is to address the common complaint that children are often inappropriately medicated in response to their behavioral problems. SENATOR DAVIS replied yes and added that it also defines what teachers can and cannot do while addressing behavioral problems. She said that she has heard several parents complain that they felt they had to put their children on psychotropic drugs in order to keep their children in school 3:27:21 PM CHAIR DYSON remarked that due to tight scheduling, the committee could not hear public testimony on the bill during the current meeting. He added that the committee members would review the written testimony of anyone who wised to testify on the bill. SENATOR ELTON moved to report CSSB 48(HES) version out of committee with individual recommendations and indeterminate fiscal note. There were no objections and it was so ordered.