II 

110TH CONGRESS 

1ST SESSION S. 891 

To protect children and their parents from being coerced into administering 

a controlled substance in order to attend school, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 15, 2007 

Mr. INHOFE (for himself and Mr. COBURN) introduced the following bill; 

which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To protect children and their parents from being coerced 

into administering a controlled substance in order to 

attend school, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Child Medication Safe5 ty Act of 2007’’. 

6 SEC. 2. REQUIRED POLICIES AND PROCEDURES. 

7 (a) IN GENERAL.—As a condition of receiving funds 

8 under any program or activity administered by the Sec9 retary of Education, not later than 1 year after the date 


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1 of enactment of this Act, each State shall develop and im2 plement policies and procedures prohibiting school per3 sonnel from requiring a child to obtain a prescription for 

4 substances covered by section 202(c) of the Controlled 

5 Substances Act (21 U.S.C. 812(c)) or a psychotropic drug 

6 as a condition of attending school or receiving services. 

7 (b) RULE OF CONSTRUCTION.—Nothing in sub8 section (a) shall be construed to create a Federal prohibi9 tion against teachers and other school personnel con10 sulting or sharing classroom-based observations with par11 ents or guardians regarding a student’s academic perform12 ance or behavior in the classroom or school, or regarding 

13 the need for evaluation for special education or related 

14 services under section 612(a)(3) of the Individuals with 

15 Disabilities Education Act (20 U.S.C. 1412(a)(3)). 

16 (c) PROHIBITION OF PAYMENT OF FUNDS.—No Fed17 eral education funds may be paid to any local educational 

18 agency or other instrument of government that uses the 

19 refusal of a parent or legal guardian to provide a sub20 stance covered by section 202(c) of the Controlled Sub21 stances Act (21 U.S.C. 812(c)) or a psychotropic drug for 

22 such individual’s child as the basis of a charge of child 

23 abuse, child neglect, education neglect, or medical neglect 

24 until the agency or instrument demonstrates that it is no 


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1 longer using such refusal as a basis of a child abuse, child 

2 neglect, education neglect, or medical neglect charge. 

3 SEC. 3. DEFINITIONS. 

4 In this Act: 

5 (1) CHILD.—The term ‘‘child’’ means any per6 son within the age limits for which the State pro7 vides free public education. 

8 (2) PSYCHOTROPIC DRUG.—The term ‘‘psycho9 tropic drug’’ means a drug subject to section 505 of 

10 the Federal Food, Drug, and Cosmetic Act (21 

11 U.S.C. 355) that is not a substance covered by sec12 tion 202(c) of the Controlled Substances Act (21 

13 U.S.C. 812(c)) but is— 

14 (A) used in the diagnosis, treatment, or 

15 prevention of a disease; and 

16 (B) intended to have an altering effect on 

17 perception, emotion, or behavior. 

18 (3) STATE.—The term ‘‘State’’ means each of 

19 the 50 States, the District of Columbia, and the 

20 Commonwealth of Puerto Rico. 

21 SEC. 4. GAO STUDY AND REVIEW. 

22 (a) REVIEW.—The Comptroller General of the United 

23 States shall conduct a review of— 


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1 (1) the variation among States in definitions of 

2 psychotropic medications as used in regard to State 

3 jurisdiction over public education; 

4 (2) the prescription rates of medications used in 

5 public schools to treat children diagnosed with atten6 tion deficit disorder, attention deficit hyperactivity 

7 disorder, and other disorders or illnesses; 

8 (3) which medications used to treat such chil9 dren in public schools are listed under the Controlled 

10 Substances Act; and 

11 (4) which medications used to treat such chil12 dren in public schools are not listed under the Con13 trolled Substances Act, including the properties and 

14 effects of any such medications, including the inci15 dence of hallucinations, psychosis, violence, suicide, 

16 heart problems, significant weight gain, or diabetes 

17 that students may experience while on these medica18 tions. 

19 (b) REPORT.—Not later than 1 year after the date 

20 of enactment of this Act, the Comptroller General of the 

21 United States shall prepare and submit a report that con22 tains the results of the review under subsection (a). 

Æ 


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