U.S. BILLS & RESOLUTIONS INTRODUCED OR PASSED AGAINST COERCIVE PSYCHIATRIC LABELING & DRUGGING OF CHILDREN
In 1999, the Colorado State Board of Education passed a
precedent-setting Resolution that asked school personnel to use
academic rather than drug solutions to resolve problems with behavior,
attention and learning. Since then, state legislatures, school boards
and national organizations have responded to the need to protect
children from arbitrary and forced psychiatric labeling and drugging,
and to monitor the prescription rate of stimulants and other
psychiatric drugs for children. This updated grid for January 2003
includes 35 bills or resolutions in 18 states that have either passed,
or are pending.
In 2001, two precedent-setting laws were passed in Connecticut and
Minnesota that prevent school personnel from coercing or recommending
that parents drug their children, especially as a requisite for
remaining in class. Laws have also been necessary to protect parents
against criminal charges being threatened or laid if they refuse to put
their child on a mind-altering psychiatric drug.
1999: The Colorado State Board of Education resolution stated, "There
are documented incidents of highly negative consequences in which
psychiatric prescription drugs have been utilized for what are
essentially problems of discipline which may be related to lack of
academic success; and be it resolved that the State Board of Education
encourage school personnel to use proven academic and/or classroom
management solutions to resolve behavior, attention, and learning
difficulties...."
2000: The Texas State Board of Education Resolution recommended, "that
programs such as tutoring, vision testing, phonics, nutritional
guidance, medical examinations, allergy testing, standard disciplinary
procedures, and other remedies known to be effective and harmless, be
recommended to parents as their options...."
2001: Four laws were passed in the states of Connecticut, Minnesota,
North Carolina and Utah, and the Hawaii legislature passed a
Resolution. The Connecticut law prohibited school personnel from
recommending the use of psychotropic drugs for any child.
2002: Illinois and Virginia passed laws with similar protections
provided in Connecticut's law. Illinois' law required school boards to
adopt and implement policy prohibiting disciplinary action being taken
against parents or guardians for refusing to administer, or consenting
to administer, a psychotropic or stimulant drug. The law in Virginia
directed the Board of Education to develop and implement policies
prohibiting school personnel from recommending the use of psychotropic
drugs for any student. The National Foundation of Women Legislators
(NFWL) passed a resolution calling on the federal government to pass
regulations or laws in relation to schools receiving federal funds that
protect children from being wrongly diagnosed and stigmatized as
mentally disordered and forced onto psychotropic drugs as a requirement
of their education. The American Legislative Exchange Council (ALEC)
also proposed two pieces of model legislation, one against schools
coercing parents to drug their children (or recommending drugs) and the
other against invasive psychological testing and questionnaires.
2003: Eleven states introduced 21 bills and/or resolutions. These
were Alaska, Arizona, Colorado, Hawaii, Indiana, Kentucky,
Massachusetts, Mississippi, New Hampshire, Vermont and West Virginia.
1999:
|
State |
Description |
Introduced |
Active |
Passed |
|
Colorado
State Board of
Education Resolution |
Resolution promoting the use of academic solutions to resolve problems with behavior, attention and learning in the classroom. |
10/99 |
PASSED |
11/11/99 |
|
National
Black Caucus Of State Legislators |
Resolution strongly urges a national examination of the use of psychotropic drugs and their effects on children. |
12/01/99 |
PASSED |
12/03/99 |
2000:
|
State |
Description |
Introduced |
Active |
Passed |
|
Georgia
R 1079 |
The General Assembly of Georgia creates the
Commission on Psychiatric Medication of School-Age Children, to
investigate the usage and effects of psychiatric drugs on children and
to provide recommendations for improved monitoring of the prescription
rate of these drugs. |
02/16/00 |
PASSED |
05/01/00 |
|
Texas
State Board of
Education
Resolution |
Resolution urging local school personnel to use
proven academic and/or management solutions to resolve behavior,
attention and learning difficulties such as exams, tutoring, phonics,
vision testing, etc., known to be effective and harmless. |
11/01/00 |
PASSED |
11/03/00 |
|
Washington
HB 2912 |
An act relating to the use of psychiatric
"medication" by children in state custody, and tracking the number of
children being diagnosed and placed on psychiatric "medications." |
01/21/00 |
PASSED |
03/24/00 |
2001:
|
State |
Description |
Introduced |
Active |
Passed |
|
Connecticut
AB 5701 |
Prohibits school personnel from recommending the
use of psychotropic drugs for any child. A parent or guardian refusing
to administer, or consenting to administer, a psychotropic or stimulant
cannot be grounds for a child to be taken into the custody of the Dept.
of Child and Family Services. |
01/12/01 |
PASSED |
06/28/01 |
|
Hawaii
SC Resolution
92 |
Requests the Department of Health and Department
of Education jointly to research and examine non-"medication"
alternatives for dealing with children who have learning and behavioral
difficulties. |
03/14/01 |
PASSED |
04/12/01 |
|
Minnesota
HB 478 |
Parents' refusal to give stimulant drugs to a
child does not constitute educational neglect. States that a child does
not have to take such drugs as a condition for re-admission to school
after having been suspended. Also establishes a study and report system
on the number of children in the state labeled with ADD/ADHD and taking
such drugs, as well recording what pressures families have experienced
when placing their child on these drugs. |
02/01/01 |
PASSED |
05/01/01 |
|
North Carolina
SB 542 |
Calls for the establishment of a statewide
database on the administration of psychotropic drugs to children who
receive state services. |
03/19/01 |
PASSED |
05/25/01 |
|
Utah
HB 170 |
Amends the definition of "substantiated child
abuse" to exclude failure to administer psychiatric drugs or course of
treatment if the parent has not been told of the opportunity to obtain
a physical exam; authorizes Division of Child and Family Services to
report an individual who isnot a licensed health care provider to the
appropriate licensing authority for making medical recommendations
regarding administration of psychiatric drugs to children. |
01/26/01 |
PASSED |
03/15/01 |
2002:
|
State |
Description |
Introduced |
Active |
Passed |
|
Illinois
SB 1718 |
Requires school board to adopt and implement
policy prohibiting disciplinary action that is based totally or in part
on the refusal of a student's parent or guardian to administer or
consent to administer a psychotropic or stimulant drug. |
01/10/02 |
PASSED |
07/16/02 |
|
Virginia
HB 90 |
Board of Education to develop and implement
policies prohibiting school personnel from recommending the use of
psychotropic drugs for any student. Student cannot be evaluated by a
medical practitioner unless with the written consent of the student's
parents. |
01/31/02 |
PASSED |
04/01/02 |
|
National
National Foundation of Women Legislators (NFWL) Resolution |
National Foundation of Women Legislators (NFWL)
urges federal government to pass regulations or laws in relation to
schools receiving federal funds that protect children from being
wrongly diagnosed and stigmatized as mentally disordered, and forced
onto psychotropic drugs as a requisite for their education. |
11/23/02 |
PASSED |
11/23/02 |
|
Texas
HB 320 |
Refusal to administer or consent to administration
of psychotropic drugs or any other psychiatric or psychological
treatment to a child does not by itself constitute neglect. |
12/20/02 |
INTRODUCED 12/20/02 |
|
2003:
|
State |
Description |
Introduced |
Active |
Passed |
|
Alaska
SB 5 |
Prohibits school personnel from recommending or
requiring a child take a psychotropic drug as a requisite for attending
public school. Also prohibits filing areport to authorities of
suspected child abuse or neglect based solely on the
parent's/guardian's refusal to consent to the administration of a
psychotropic drug or psychiatric, psychological, or behavioral
treatment of child. And prohibits a court from making ruling of neglect
or abuse against parent solely based on the same allegation. |
01/10/03 |
Pre-filed?not assigned to a committee yet. |
|
|
Arizona
HB 2007 |
Forbids a school district employee to require that
a parent or guardian seek psychiatric or psychological diagnosis or
evaluation for a child or to use a psychiatric drug on a child. Also
prohibits school employees from giving a child a drug, psychiatric or
psychological evaluation or transporting a child to a treatment
facility without written consent from a parent or guardian. |
01/13/03 |
Assigned to House Rules Committee 01/13/03 - Second Reading in House 01/14/03 |
|
|
Arizona
SB 1034 |
Medical exam pilot project established to provide
a full medical exam for children with behavioral problems to locate
medical causes for these. Includes tests for nutritional and iron
deficiencies, allergy tests, and tests for thyroid problems. The
purpose is to reduce misdiagnosis and over prescribing psychiatric
drugs to children. |
01/15/03 |
Assigned to Senate Rules Committee 01/15/03 - Second Reading in Senate 01/16/03 |
|
|
Colorado
HB 1172 |
Requires each school board to adopt a policy
prohibiting school personnel from recommending or requiring the use of
a psychotropic drug by any student. |
1/15/03 |
To House Committee on Health, Environment, Welfare and Institutions 1/15/03 |
|
|
Hawaii
HB 272 |
Prohibits the Department of Health personnel from
requiring, suggesting, or implying that a student take psychiatric
drugs as a requisite to attending school. |
1/17/03 |
Passed First Reading 1/21/03 |
|
|
Hawaii
SB 999 |
Replicates House Bill 272 for the Senate:
Prohibits the Department of Health personnel from requiring,
suggesting, or implying that a student take psychiatric drugs as a
condition of attending school. |
1/21/03 |
Passed First Reading 1/21/03 |
|
|
Hawaii
HB 273 |
A parent/guardian refusing to administer or to
consent to administer psychiatric drugs to a child in school shall not
be grounds, in and of itself, for the Dept. of Human Services to take
the child into protective custody. |
1/17/03 |
Passed First Reading 1/21/03 |
|
|
Hawaii
SB 998 |
Replicates House Bill 273 for the Senate: A
parent/guardian refusing to administer or to consent to administer
psychiatric drugs to a child in school shall not be grounds, in and of
itself, for The Dept. of Human Services to take the child into
protective custody. |
1/21/03 |
Passed First Reading 1/21/03 |
|
|
Hawaii
HB 274 |
Requires the Dept. of Health, assisted by the
Dept. of Education, to report annually for 5 years on the number of
children in schools diagnosed with ADD or ADHD; the number of those
children who receive special education services and classes; and how
many of those are prescribed and using psychiatric drugs. |
1/17/03 |
Passed First Reading 1/21/03 |
|
|
Hawaii
SB 981 |
Replicates House Bill 274 for the Senate,
requiring the Dept. of Health, assisted by the Dept. of Ed., to report
annually for 5 years on number of children in schools diagnosed with
ADD or ADHD; number of those children who receive special education;
how many of those are prescribed and using psychiatric drugs. |
1/21/03 |
Passed First Reading 1/21/03 |
|
|
Hawaii
HB 275 |
Requires the Dept. of Health and the Dept. of
Education to re-examine the legitimacy of the diagnoses of ADHD and ADD
in their assessment of children under the category of attention
problems and hyperactivity. |
1/17/03 |
Passed First Reading 1/21/03 |
|
|
Hawaii
SB 982 |
Replicates House Bill 275 for the Senate: Requires
the Dept. of Health and the Dept. of Education to re-examine the
legitimacy of diagnoses of ADHD and ADD in their assessment of children
under the category of attention problems and hyperactivity. |
1/21/03 |
Passed First Reading
1/21/03 |
|
|
Indiana
HB 1974 |
Prohibits teachers from attempting to influence a
parent or guardian to obtain psychotropic drugs for students, and
forbids a student from being forced to take a psychotropic drug as a
requisite for readmission after suspension for behavioral problems. |
1/23/03 |
To House Committee on Education 1/23/03 |
|
|
Kentucky
HJR 67 |
House Joint Resolution that says, because of the
concern about psychotropic drug effects and the increase of
prescriptions for such drugs to children, the Kentucky Department of
Education is requested to provide education and training to school
personnel regarding the use of psychotropic drugs; it urges the Cabinet
for Families and Children to adopt policy to ensure that a parent's
refusal to place a child on psychotropic drugs shall not in and of
itself constitute grounds for abuse or neglect. |
1/10/03 |
Introduced 1/10/03 |
|
|
Massachusetts
SB 674 |
Prior to practitioners prescribing psychotropic
drugs to a minor, they must have the parent or guardian read, or be
told verbally if incapable of understanding written information,
fullinformation on the psychotropic drug(s) being prescribed from thePhysician's Desk Reference Family Guide to Prescription Drugs
and obtain written attestation that the information, including drug
side effects, is understood. Written attest to be kept on file as part
of child's record. |
1/01/2003 |
To Joint Committee on Health Care 01/01/03 |
|
|
Mississippi
HB 94 |
An act to prohibit teachers, counselors, and other
school officials from recommending psychiatric drugs for any child; and
related purposes. |
1/07/03 |
To Education Committee 1/07/03 |
|
|
Mississippi
HB 168 |
An act to direct State Dept. of Health to conduct
study on prescribed use of psychiatric drugs by school age children in
the state and effects of psychiatric drugs on children and to present
report of study to legislature. |
1/07/03 |
House Committee on Public Health & Welfare
1/07/03 |
|
|
New Hampshire
HB 378 |
State Board of Education and local school board to
adopt and implement policy prohibiting any employee of government
agency from recommending use of psychotropic drugs for a pupil. Also
that refusal of parent or guardian to administer drugs shall not by
itself constitute grounds for the Dept. of Health to take child into
custody. |
1/09/03 |
To Committee on Education 1/09/03 |
|
|
Vermont
SB 30 |
No school shall require a child to take
psychiatric drugs as a requisite for attending school; parent or
guardian may agree or disagree to allow the child to take psychiatric
drugs; prohibits the unlawful possession of methylphenidate (Ritalin),
with up to one year in prison or fines of up to $2,000. |
1/23/03 |
To Senate Committee on Education 1/24/03 |
|
|
West Virginia
SB 122 |
Requires public schools to comply with provisions
of federal law governing release and elicitation of certain information
concerning students and their families in connection with mental or
health care services. No student may be required to submit to
counseling, psychiatric or psychological treatment and experimental
procedures, including surveys or tests, without the parents' informed
consent. Parents have the right to exclude child from such
tests/surveys based on religious, cultural, moral or political beliefs
or affiliations. |
1/10/03 |
To Senate Committee on Education 1/10/03 |
|
|
West Virginia
HB 2111 |
Prohibits teachers and other school personnel from
recommending that a pupil is in need of psychiatric treatment or
evaluation or psychotropic, mood altering or other mind-altering drugs. |
1/10/03 |
To House Committee on Education 1/10/03 |
|
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