Q: A student in my class behaves well when she takes her prescribed medication. Sometimes, she does not take the medication. I can tell when this happens because she is not able to focus or do any work and she gets into fights with other students. Can I tell her parents that she can't come to school unless she takes her medication?

A: No, the district cannot require students to take medication in order to attend school. You can communicate clearly with her parents to describe what you observe on the days that you think she has not taken her prescribed medication compared with days that she has taken her medication.

Q: What about students in special education?

A: IDEA 2004 specifically prohibits state and local educational agency staff from requiring a child to obtain a prescription for a substance covered by the Controlled Substances Act as a condition of attending school, receiving an evaluation, or receiving special education services.

Q: What exactly does this mean?

A: Controlled substances are a category of prescribed medications and include drugs such as amphetamines (Dextrostat®, Dexedrine®, Adderall®) or methylphenidate (Concerta®, Focalin®, Metadate®, Methylin®, Ritalin®).

In practice, it means that no district staff can require a student to get a prescription for one of these drugs in order to attend school, go on field trips, participate in school activities, or in after school activities.

Additionally, district staff cannot tell parents that a special education evaluation will be made if their child is not given medication or does not take prescribed medication.

Q: I've heard there is some federal legislation on this subject. Is this true?

A: While this bill has not been passed yet by the Senate, the U. S. House of Representatives overwhelmingly (407-12) passed a bill (Child Medication Safety Act) in November 2005 that forbids schools that receive federal funds from "requiring a child to obtain a prescription for a controlled substance or a psychotropic drug as a condition for attending school or receiving services."

This bill is broader than the restriction imposed by IDEA 2004 because it also includes psychotropic medications. These are defined as drugs used in the "diagnosis, treatment or prevention of a disease and intended to have an altering effect on perception, emotion or behavior."

This does not limit teachers or other school personnel from sharing information with parents or guardians regarding a student's academic performance or behavior in the classroom.