C.F.R. » Title 34 » CHAPTER III—OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION › PART 300—ASSISTANCE TO STATES FOR THE EDUCATION OF CHILDREN WITH DISABILITIES › Subpart B—State Eligibility

34 C.F.R. § 300.174

Prohibition on mandatory medication

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(a) General. The SEA must prohibit State and LEA personnel from requiring parents to obtain a prescription for substances identified under schedules I, II, III, IV, or V in section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)) for a child as a condition of attending school, receiving an evaluation under §§ 300.300 through 300.311, or receiving services under this part.

(b) Rule of construction. Nothing in paragraph (a) of this section 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 § 300.111 (related to child find).

(Approved by the Office of Management and Budget under control number 1820-0030) (Authority: 20 U.S.C. 1412(a)(25))
Notes of Decisions
Cited in 2 cases, 2009–2009 · leading case: S.J. ex rel. S.H.J. v. Issaquah Sch. Dist. No. 411, 326 F. App'x 423 (9th Cir. 2009).
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S.J. ex rel. S.H.J. v. Issaquah Sch. Dist. No. 411, 326 F. App'x 423 (9th Cir. 2009). “§ 1412 (a)(25)(A) and 34 C.F.R. § 300.174 , did not exist in 2002, thus giving rise to an inference that there was no applicable federal restriction.”
S.J. ex rel. S.H.J. v. Issaquah Sch. Dist. No. 411, 326 F. App'x 423 (9th Cir. 2009). “§ 1412 (a)(25)(A) and 34 C.F.R. § 300.174 , did not exist in 2002, thus giving rise to an inference that there was no applicable federal restriction.”
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