II
Calendar No. 662
109th CONGRESS
2d Session
S. 4041
IN THE SENATE OF THE UNITED STATES
September 29, 2006
Mr. Inhofe (for himself and Mr. Coburn) introduced the following bill
September 30 (legislative day, September 29), 2006
Read the first time
November 13, 2006
Read the second time and placed on the calendar
A BILL
To protect children and their parents from being coerced into administering a controlled substance in order to attend school, and for other purposes.
Short title
This Act may be cited as the
Child Medication Safety Act of
2006
.
Required policies and procedures
In general
As a condition of receiving funds under any program or activity administered by the Secretary of Education, not later than 1 year after the date of the enactment of this Act, each State shall develop and implement policies and procedures prohibiting school personnel from requiring a child to obtain a prescription for substances covered by section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)) as a condition of attending school or receiving services.
Rule of construction
Nothing in subsection (a) shall be construed to create a Federal prohibition against teachers and other school personnel consulting or sharing classroom-based observations with parents or guardians regarding a student’s academic performance or behavior in the classroom or school, or regarding the need for evaluation for special education or related services under section 612(a)(3) of the Individuals with Disabilities Education Act (20 U.S.C. 1412(a)(3)).
Definitions
In this Act:
Child
The term child means any person within the age limits for which the State provides free public education.
State
The term State means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.
GAO study and review
Review
The Comptroller General of the United States shall conduct a review of—
the variation among States in definitions of psychotropic medication as used in regard to State jurisdiction over public education;
the prescription rates of medications used in public schools to treat children diagnosed with attention deficit disorder, attention deficit hyperactivity disorder, and other disorders or illnesses;
which medications used to treat such children in public schools are listed under the Controlled Substances Act; and
which medications used to treat such children in public schools are not listed under the Controlled Substances Act, including the properties and effects of any such medications and whether such medications have been considered for listing under the Controlled Substances Act.
Report
Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall prepare and submit a report that contains the results of the review under subsection (a).
November 13, 2006
Read the second time and placed on the calendar