SEC. 4002.




Section Summary


ESSA Update


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 IV (20 U.S.C. 7101 et seq.) is amended to read as follows:


``PART <<NOTE: 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'