State Rep. John Hetherington of the 125th District introduced legislation this month that aims to expand procedural safeguards regarding a parent's right to refuse psychiatric or psychological testing and/or mental evaluation of a child.

The legislation, "An Act Concerning Psychiatric and Psychological Testing of School Children and Procedural Safeguards for Parents," requires that the Department of Education include the statement that neither the State nor Federal Department of Education can endorse or recommend any "mental health" checklist, particular form of assessment or evaluation for psychiatric disorders in its "Steps to Protect a Child's Right to Special Education: Procedural Safeguards" publication.

It also requires that parents receive a copy of the Federal code for "Protection of Pupil Rights", and a copy of the Hatch Amendment to the General Education Provisions Act. The latter is a letter that parents can sign if they do not want their child involved in certain school activities, including those having to do with psychological and psychiatric treatment; values clarification; contrived incidents for self-revelation; isolation techniques; death education; curricula pertaining to drugs and alcohol; educating on human sexuality; pornography and any materials containing profanity and/or sexual explicitness; guided fantasy techniques, and organic evolution.

The use of the letter, devised by Utah Senator Orrin Hatch, went into effect in November 1984.

In 2001, Connecticut was the first state to pass legislation prohibiting schools from recommending the use of a psychotropic drug for any child. Since then, six other states have followed suit with similar laws. On December 3, 2004, President George W. Bush signed the "Prohibition on Mandatory Medication Amendment," A Federal law prohibiting school officials from requiring that a child take a controlled substance in order to remain in school.

"Children are labeled with stigmatizing mental 'disorders' based on a checklist of behaviors, not on scientific or medical evidence," Noelle Talevi, executive director of the Citizen's Commission on Human Rights of Connecticut (CCHR), said in an Ablechild.org press release.

CCHR is an international human rights organization that investigates and exposes psychiatric violations of human rights.

Ablechild is a grassroots parent organization that advocates for informed consent and the right to refuse psychological and psychiatric treatment for children. Its national vice president is Sheila Matthews of New Canaan.

"Parents are too frequently faced with having no choice but to have their child evaluated by a psychologist or psychiatrist in order to get services in school, thus opening them up to subjective, unscientific labels and possible drug 'treatment,' without being given all of the facts," Ms. Talevi continued. "They are not warned that the diagnoses are not based on medical testing, but completely subjective, and that their child can be diagnosed and referred for drug treatment based solely on a checklist of behaviors. (The proposed legislation) is another great step toward giving control back to parents in regard to their child's education."