IIB 

109TH CONGRESS 

1ST SESSION H. R. 1790 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 17, 2005 

Received; read twice and referred to the Committee on Health, Education, 

Labor, and Pensions 

AN ACT 

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, 
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Child Medication Safe3 ty Act of 2005’’. 

4 SEC. 2. REQUIRED POLICIES AND PROCEDURES. 

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

6 under any program or activity administered by the Sec7 retary of Education, not later than 1 year after the date 

8 of the enactment of this Act, each State shall develop and 

9 implement policies and procedures prohibiting school per10 sonnel from requiring a child to obtain a prescription for 

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

12 Substances Act (21 U.S.C. 812(c)) as a condition of at13 tending school or receiving services. 

14 (b) RULE OF CONSTRUCTION.—Nothing in sub15 section (a) shall be construed to create a Federal prohibi16 tion against teachers and other school personnel con17 sulting or sharing classroom-based observations with par18 ents or guardians regarding a student’s academic perform19 ance or behavior in the classroom or school, or regarding 

20 the need for evaluation for special education or related 

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

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

23 SEC. 3. DEFINITIONS. 

24 In this Act: 
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1 (1) CHILD.—The term ‘‘child’’ means any per2 son within the age limits for which the State pro3 vides free public education. 

4 (2) STATE.—The term ‘‘State’’ means each of 

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

6 Commonwealth of Puerto Rico. 

7 SEC. 4. GAO STUDY AND REVIEW. 

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

9 States shall conduct a review of— 

10 (1) the variation among States in definitions of 

11 psychotropic medication as used in regard to State 

12 jurisdiction over public education; 

13 (2) the prescription rates of medications used in 

14 public schools to treat children diagnosed with atten15 tion deficit disorder, attention deficit hyperactivity 

16 disorder, and other disorders or illnesses; 

17 (3) which medications used to treat such chil18 dren in public schools are listed under the Controlled 

19 Substances Act; and 

20 (4) which medications used to treat such chil21 dren in public schools are not listed under the Con22 trolled Substances Act, including the properties and 

23 effects of any such medications and whether such 

24 medications have been considered for listing under 

25 the Controlled Substances Act. 
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1 (b) REPORT.—Not later than 1 year after the date 

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

3 United States shall prepare and submit a report that con4 tains the results of the review under subsection (a). 

Passed the House of Representatives November 16, 

2005. 

Attest: JEFF TRANDAHL, 

Clerk.