II 

Calendar No. 662 

109TH CONGRESS 

2D SESSION S. 4041 

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 

SEPTEMBER 29, 2006 

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

SEPTEMBER 30 (legislative day, SEPTEMBER 29), 2006 

Read the first time 

NOVEMBER 13, 2006 

Read the second time and placed on the calendar 

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 2006’’. 


sroberts on PROD1PC70 with BILLS
2 

•S 4041 PCS

1 SEC. 2. REQUIRED POLICIES AND PROCEDURES. 

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

3 under any program or activity administered by the Sec4 retary of Education, not later than 1 year after the date 

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

6 implement policies and procedures prohibiting school per7 sonnel from requiring a child to obtain a prescription for 

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

9 Substances Act (21 U.S.C. 812(c)) as a condition of at10 tending school or receiving services. 

11 (b) RULE OF CONSTRUCTION.—Nothing in sub12 section (a) shall be construed to create a Federal prohibi13 tion against teachers and other school personnel con14 sulting or sharing classroom-based observations with par15 ents or guardians regarding a student’s academic perform16 ance or behavior in the classroom or school, or regarding 

17 the need for evaluation for special education or related 

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

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

20 SEC. 3. DEFINITIONS. 

21 In this Act: 

22 (1) CHILD.—The term ‘‘child’’ means any per23 son within the age limits for which the State pro24 vides free public education. 


sroberts on PROD1PC70 with BILLS
3 

•S 4041 PCS

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

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

3 Commonwealth of Puerto Rico. 

4 SEC. 4. GAO STUDY AND REVIEW. 

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

6 States shall conduct a review of— 

7 (1) the variation among States in definitions of 

8 psychotropic medication as used in regard to State 

9 jurisdiction over public education; 

10 (2) the prescription rates of medications used in 

11 public schools to treat children diagnosed with atten12 tion deficit disorder, attention deficit hyperactivity 

13 disorder, and other disorders or illnesses; 

14 (3) which medications used to treat such chil15 dren in public schools are listed under the Controlled 

16 Substances Act; and 

17 (4) which medications used to treat such chil18 dren in public schools are not listed under the Con19 trolled Substances Act, including the properties and 

20 effects of any such medications and whether such 

21 medications have been considered for listing under 

22 the Controlled Substances Act. 

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

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


sroberts on PROD1PC70 with BILLS
4 

•S 4041 PCS

1 United States shall prepare and submit a report that con2 tains the results of the review under subsection (a). 


sroberts on PROD1PC70 with BILLS

sroberts on PROD1PC70 with BILLS
Calendar No. 662 

109TH CONGRESS 

2D SESSION S. 4041 

A BILL 

To protect children and their parents from being 

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

NOVEMBER 13, 2006 

Read the second time and placed on the calendar 


sroberts on PROD1PC70 with BILLS