Federal Legislation

On December 3, 2004, The Individuals with Disabilities Education Improvement Act (IDEA) was signed into law by President Bush.  Incorporated within this Act was the first of its kind Federal legislation called the “Prohibition on Mandatory Medication Amendment”. This new law prohibits schools from recommending or requiring that a child take a Controlled Substance (Includes all stimulants: Ritalin, Adderall, Concerta, Dexedrine, Dextrostat, ect.) in order to attend school.

This new precedent setting law CAN and SHOULD be used by any parent/caregiver being coerced, pressured, or inundated with pro-drug recommendations by their child’s school.

We recommend that you print out the Amendment itself and submit it to your child’s school with all other pertinent documents listed below for your convenience.

(25) PROHIBITION ON MANDATORY MEDICATION.

(A) IN GENERAL. – The State educational agency shall prohibit State and local educational agency 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 under subsection (a) or (c) of section 614, or receiving services under this title.

(B) RULE OF CONSTRUCTION.- Nothing in subparagraph (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 and functional performance, or behavior in the classroom or school, or regarding the need for evaluation for special education or related services under paragraph (3).

To Read Full IDEA Law click here: https://sites.ed.gov/idea/statute-chapter-33/subchapter-ii/1412/a/25