POLICY LETTER: October 22, 2007 to U.S. Senator James M. Inhofe
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POLICY LETTER: October 22, 2007 to U.S. Senator James M. Inhofe MS Word
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POLICY LETTER: October 22, 2007 to U.S. Senator James M. Inhofe MS Word
Dated October 22, 2007Honorable James M. InhofeUnited States Senate453 Russell Senate Office BuildingWashington, DC 20510-3603Dear Senator Inhofe:Thank you for your September 5, 2007 letter to Secretary Margaret Spellings. Your letter was forwarded to the Office of Special Education and Rehabilitative Services (OSERS) for a response. We appreciate your strong support for our efforts to secure a quality education for all of our nation's children.In your letter, you indicate that it was brought to your attention that there were some cases where schools were acting as physicians or psychologists by strongly suggesting that children with behavioral problems be put immediately on some form of psychotropic drugs. You acknowledge the prohibition of mandatory medication included in section 612(a)(25) of the Individuals with Disabilities Education Act (IDEA) and request information regarding the application and implementation of the prohibition. Additionally, you inquire whether the statutory language can be interpreted as covering all children and not just children who have been evaluated and determined eligible to receive special education and related services under the IDEA. School personnel can make assessments and recommendations based on the child's behavior about the child's need for evaluation under Part B of IDEA and the child's need for special education and related services. Educational services, however, cannot be conditioned upon a parent's decision to medicate his or her child. The prohibition on mandatory medication in 20 U.S.C. 1412(a)(25), which was added to the IDEA by the Individuals with Disabilities Education Improvement Act Amendments of 2004, became effective on July 1, 2005. This prohibition on mandatory medication, which is implemented by the Department's regulation at 34 CFR 300.174, is one of the conditions that a State must meet in order to be eligible for assistance under Part B of the IDEA. Beginning with applications for Part B funds for Federal Fiscal Year 2006, States were required to include an assurance in their State applications for Part B funds that they had policies and procedures in effect that prohibit State and local educational agency (LEA) personnel from requiring a child to obtain a prescription for a substance covered by the Controlled Substances Act (21 U.S.C. 801 et seq.) as a condition of attending school, receiving an evaluation or reevaluation for special education and related services, or receiving services under the IDEA. A State that does not have policies and procedures in effect consistent with this and other eligibility requirements in section 612 of the IDEA is required to assure in its Part B grant application that it will operate consistent with all of the requirements of section 612 of the IDEA and applicable regulations during the period of the grant award. Additionally, the State is required to make any necessary changes to existing policies and procedures to bring them into compliance with the requirements of the IDEA, as amended, as soon as possible, and not later than the conclusion of the grant period. Further, each LEA, in providing for the education of children with disabilities in its jurisdiction, must have policies, procedures, and programs that are consistent with State policies and procedures. 34 CFR 300.201. Therefore, each State must ensure that their LEAs comply with the requirements of 20 U.S.C. 1412(a)(25) and 34 CFR 300.174 regarding the prohibition on mandatory medication as a condition of receiving Part B of IDEA funds from the SEA.We do not have specific information on how the prohibition on mandatory medication is being applied and implemented at the State and local level. However, State educational agencies (SEA) are required to exercise general supervisory responsibility over all education programs for children with disabilities administered within the State and ensure that all such programs meet State education standards and Part B requirements. 34 CFR 300.149. Further, SEAs are required to monitor the implementation of the IDEA by their LEAs and must identify noncompliance with Part B requirements and ensure correction of identified noncompliance within one year of its identification. 20 U.S.C. 1232d(b)(3)(iii) and 34 CFR 300.149. In addition to SEA monitoring, if an organization or individual believes that a State or one of its public agencies has violated any requirement of Part B of IDEA or the Part B regulations, including the prohibition on mandatory medication in 20 U.S.C. 1412(a)(25) and 34 CFR 300.174, the organization or individual may file a complaint with the SEA in their state as outlined in 34 CFR 300.151 through 300.153. The State must have procedures for resolving the complaint, which include issuing a written decision that addresses each allegation in the complaint and contains findings of fact and conclusions and the reasons for the SEA's final decision. 34 CFR 300.152(a)(5). Generally, State complaints are filed at the State level, since it is the SEA that hasSincerely,/s/William W. KnudsenActing Deputy Assistant Secretary
TOPIC ADDRESSED: Prohibition on Mandatory Medication
SECTION OF IDEA: Part B—Assistance for Education of All Children With Disabilities; Section 612—State Eligibility
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Last modified on April 26, 2017