§7101 General Provisions

Summary

Schools and other groups that get money under this subchapter must get written, informed permission from a parent before any mental‑health assessment or service is given to a child under 18 in an elementary or secondary school. Before asking for permission, the group must give the parent a written notice that explains the service’s purpose, who will provide it, when it will start, and how long it may last. That permission does not remove any privacy rights under section 1232g. Permission is not needed in an emergency to protect immediate safety, or when the school tried to get permission but could not reasonably do so as decided by the State or local agency, including when the parent did not respond to the notice or the child is 14 or older and is an unaccompanied youth (see 42 U.S.C. 11434a). Money from this subchapter cannot be used for medical care or drug treatment or rehab, except for integrated student supports, specialized instructional support services, or referral to treatment for students who are affected (for example, victims, witnesses, or students who illegally use drugs). No child may be forced to get a prescription for a controlled substance (as defined in 21 U.S.C. 802) as a condition of getting an evaluation or service under this subchapter or of attending a school that receives this assistance.