School boards and charter schools must adopt policies banning teachers from recommending psychotropic drugs, naming specific mental health diagnoses, or using a parent’s refusal of consent as grounds for exclusion or abuse accusations.
§436.2. Psychotropic drugs; school board and charter school policies; prohibition; teacher recommendations; definitions A. By not later than November 1, 2006, each city, parish, and other local public school board and charter school shall adopt policies prohibiting any teacher employed by the board or charter school from taking any of the following actions: (1) Recommending that a student be administered a pyschotropic drug. (2) Specifying or identifying any specific mental health diagnosis for a student. (3) Using a parent's or guardian's refusal to consent to the administration of a psychotropic drug to a student or to a psychiatric evaluation, screening, or examination of a student as grounds for prohibiting the student from attending any class or participating in any school-related activity or as the sole basis of accusations of child abuse or neglect against the parent or guardian. B. The provisions of this Section shall not be construed so as to prohibit any of the following: (1) An employee of a city, parish, or other local public school board or charter school who is a registered nurse, nurse practitioner, physician, or an appropriately credentialed mental health professional or teacher from recommending that a student be evaluated by an appropriate medical practitioner. (2) A teacher or other certified employee of a city, parish, or other local public school board or charter school from suggesting a student be assessed or evaluated by qualified employees of the school board or charter school who perform such function. (3) A teacher assessing or evaluating any element of a student's academic readiness, performance, or achievement. (4) Any employee of a city, parish, or other local public school board or charter school from discussing any aspect of a student's behavior or academic progress with the student's parent or guardian or any other employee of the school board or charter school. C. For purposes of this Section: (1) "Psychotropic drug" shall mean a substance that is used in the diagnosis, treatment, or prevention of a disease or as a component of a medication and is intended to have an altering effect on perception, emotion, or behavior. (2) "Teacher" shall mean any person employed by a city, parish, or other local public school board or charter school, who, as a condition of employment, is required to hold a valid teaching certificate issued by the state Department of Education and any person employed by a city, parish, or other local public school board or charter school as a substitute teacher. D. The provisions of this Section shall not interfere with the development and implementation of an individualized education program for any child with an exceptionality as provided pursuant to any state or federal law, rule, or regulation. Acts 2006, No. 825, §1.