§ 7101. General provisions
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/usc/title-20/section-7101A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Parental consent
(1)In general
(A)Informed written consent A State, local educational agency, or other entity receiving funds under this subchapter 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 subchapter and conducted in connection with an elementary school or secondary school under this subchapter.
(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 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 1232g of this title.
(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 11434a of title 42.
(b)Prohibited use of funds No funds under this subchapter 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 802 of title 21 as a condition of—
(1)receiving an evaluation or other service described under this subchapter; or
(2)attending a school receiving assistance under this subchapter.
(Pub. L. 89–10, title IV, § 4001, as added Pub. L. 114–95, title IV, § 4002, Dec. 10, 2015, 129 Stat. 1967.)
Connections202 cite this · traces to 5
Cited by 202 sections · top 60
U.S. Code
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- Sec. 4102Improving literacy instruction and student achievement
- Sec. 4103Improving science, technology, engineering, and math instruction and student achievement
- Sec. 4104Increasing access to a well-rounded education
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- Sec. 4106Student non-discrimination
- Sec. 4108Promise neighborhoods
- Sec. 4109Parent and family information and resource centers
Traces to 5 documents
12 references not yet in our index
- Pub. L. 89–10, title IV, § 4001
- 129 Stat. 1967
- Pub. L. 107–110, title IV, § 401
- 115 Stat. 1734
- 129 Stat. 1806
- Pub. L. 103–382, title I, § 101
- 108 Stat. 3672
- Pub. L. 107–110
- section 4001 of Pub. L. 89–10
- section 3041 of this title
- Pub. L. 89–10
- Pub. L. 103–382
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§ 7101
General provisions
Bills×156
Stat.×11
Fed. Reg.×10
Pub. L.×9
Stat. Comp.×9
U.S.C.×7
Pub. L.Pub. L. 89–10, title IV, § 4001
Stat.129 Stat. 1967
Pub. L.Pub. L. 107–110, title IV, § 401
Stat.115 Stat. 1734
Stat.129 Stat. 1806
Cites 17 · showing 10Cited by 202 across 6 sources