SEC. 4002.
GENERAL PROVISIONS
Section Summary
ESSA Update
SEC. 4002. GENERAL PROVISIONS.
Title IV (20 U.S.C. 7101 et seq.), as redesignated and amended by
section 4001, is further amended by striking sections 4001 through
4003 <<NOTE: 20 USC 7101-7103.>> and inserting the following:
``SEC. 4001. <<NOTE: 20 USC 7101.>> GENERAL PROVISIONS.
``(a) Parental Consent.--
``(1) In general.--
``(A) Informed written consent.--A State, local
educational agency, or other entity receiving funds
under this title shall obtain prior written, informed
consent from the parent of each child who is under 18
years of age to participate in any mental-health
assessment or service that is funded under this title
and conducted in connection with an elementary school or
secondary school under this title.
``(B) Contents.--Before obtaining the consent
described in subparagraph (A), the entity shall provide
the parent written notice describing in detail such
mental health assessment or service, including the
purpose for such assessment or service, the provider of
such assessment
[[Page 129 STAT. 1968]]
or service, when such assessment or service will begin,
and how long such assessment or service may last.
``(C) Limitation.--The informed written consent
required under this paragraph shall not be a waiver of
any rights or protections under section 444 of the
General Education Provisions Act (20 U.S.C. 1232g).
``(2) Exception.--Notwithstanding paragraph (1)(A), the
written, informed consent described in such paragraph shall not
be required in--
``(A) an emergency, where it is necessary to protect
the immediate health and safety of the child, other
children, or entity personnel; or
``(B) other instances in which an entity actively
seeks parental consent but such consent cannot be
reasonably obtained, as determined by the State or local
educational agency, including in the case of--
``(i) a child whose parent has not responded
to the notice described in paragraph (1)(B); or
``(ii) a child who has attained 14 years of
age and is an unaccompanied youth, as defined in
section 725 of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11434a).
``(b) Prohibited Use of Funds.--No funds under this title may be
used for medical services or drug treatment or rehabilitation, except
for integrated student supports, specialized instructional support
services, or referral to treatment for impacted students, which may
include students who are victims of, or witnesses to, crime or who
illegally use drugs.
``(c) Prohibition on Mandatory Medication.--No child shall be
required to obtain a prescription for a controlled substance, as defined
in section 102 of the Controlled Substances Act (21 U.S.C. 802) as a
condition of--
``(1) receiving an evaluation or other service described
under this title; or
``(2) attending a school receiving assistance under this
title.''.
NCLB Text
Title IV (20 U.S.C. 7101 et seq.) is amended to read as follows:
``TITLE IV--21ST CENTURY SCHOOLS
``PART <<NOTE: Safe and Drug-Free Schools and Communities
Act. Grants.>> A--SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES
``SEC. 4001. <<NOTE: 20 USC 7101.>> SHORT TITLE.
``This part may be cited as the `Safe and Drug-Free Schools and
Communities Act'
