Student Mental Health -- Medication and Services

BP 6164.30

STUDENT MENTAL HEALTH  - MEDICATION AND SERVICES

 

Note:  The following policy implements SB 48 (2006), a bill “relating to recommending or refusing psychotropic drugs or certain types of evaluations or treatments for children.”  This bill enacted new statutes at AS 14.30.171-14.30.179.  The requirements of these statutes are incorporated in the policy below, as well as in a separate policy, BP/AR 5141, Health Care and Emergencies. 

 

The District shall work closely with parents in serving students with behavioral or mental health needs.  The Superintendent/Chief School Administrator shall oversee the delivery of appropriate educational services in line with this policy and applicable laws.

Psychotropic Medication

Unless authorized, school personnel may not recommend to a parent or guardian that a student take, or continue to take, psychotropic medication designed to affect emotions, mood, or behavior.  Employees possessing a special services type C certificate may make recommendations regarding whether such medication may assist the child in school, but only if such recommendations are consistent with the individual’s training and job duties. 

A determination as to whether or not psychotropic medication is beneficial for a student should be made by parents and the student’s medical provider.  With limited exceptions, absent parental consent, students may not be required to take psychotropic medication as a condition of attending school.  However, such medication may be required if, in the opinion of the student’s medical provider, the medication is necessary for the student’s mental health or the student poses a risk of harm to the student or others without the medication.

Students and their parents/guardians will be afforded due process rights to which they are entitled by law, board policy or administrative regulations.

(cf. 5030 - School Discipline and Safety)
(cf. 5112.2 - Exclusions from Attendance)
(cf. 5144.1 – Suspension/Expulsion)

Psychological or Psychiatric Evaluation and Treatment

Unless authorized, school personnel may not recommend to parents that their student receive psychiatric or psychological evaluation or treatment.  School personnel who possess a special services type C certificate, or other behavioral or mental health professionals working in the schools, may make recommendations regarding evaluation and treatment, so long as such recommendations are consistent with the individual’s training and job duties.

(cf. 6164.2 – Guidance and Counseling Services)

Nothing in this policy is intended to prevent referrals and evaluations of students for special education and related services.

(cf. 6164.4 – Identification of Individuals with Exceptional Needs)
(cf. 6172 – Special Education)

Note:  Despite the limitations on psychological and psychiatric evaluations and treatment set forth above, districts may continue to require evaluation and/or treatment as a condition of readmission for students who have been suspended or expelled.  AS 14.30.172(2).

 

The limitations on evaluation and treatment are not applicable to reasonable readmission criteria for students who have been suspended or expelled.  In the interest of safety and security, the district may impose requirements for evaluation and/or treatment as a condition of readmission.  

(cf. 5144 – Discipline)
(cf. 5144.1 – Suspension and Expulsion)
(cf. 5144.2 - Suspension and Expulsion/Due Process (Individuals with Exceptional Needs)    

Classroom Observations

School personnel may consult with parents and share classroom and school-based observations regarding a student’s behavior and academic and functional performance.  Such consultations can include discussion regarding referral for special education evaluation.  In consulting with parents, school personnel must be cautious not to engage in prohibited discussions as set forth above. 

(cf. 5141 Health Care and Emergencies)  

Compliance with Policy and Law

Note:  Included within SB 48, at AS 14.30.177, is a requirement that “each school board shall adopt a policy that provides that an employee violating AS 14.30.171-14.30.176 may be subject to disciplinary action.”  In all cases of alleged employee misconduct, a determination of appropriate discipline should be made only after completion of a full and fair investigation.

 
This policy is based on required school laws of the State of Alaska.  Violations of this policy may subject school personnel to disciplinary action.


(cf. 4118 – Suspension/Disciplinary Action)
(cf. 4218 – Dismissal/Suspension/Disciplinary Action)

Legal Reference:

            ALASKA STATUTES
            14.30.045 Grounds for suspension or denial of admission

            14.30.047 Admission or readmission when cause no longer exists
            14.33.110-.140 Required school disciplinary and safety program
            14.30.171 Prohibited actions
            14.30.172 Communications not prohibited
            14.30.174 Compliance with federal education law
            14.30.176 List of community resources
            14.30.177 Violations

            UNITED STATES CODE
            20 U.S.C. §§ 1400-1487, Individuals with Disabilities Education Act

            20 U.S.C. §§7101-7143 Safe and Drug-Free Schools and Communities Act of 1994

Added 01/07

 

KETCHIKAN GATEWAY BOROUGH SCHOOL DISTRICT
Adoption Date: 7/23/08

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