February 16, 2006, Introduced by Rep. David Law and referred to the Committee on Education.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
(MCL 380.1 to 380.1852) by adding section 1180.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1180. (1) Not later than 90 days after the effective date
of this section, the department shall develop and distribute to all
school districts, intermediate school districts, and public school
academies a state model policy concerning chronic behavioral issues
and psychotropic medication for pupils. The state model policy
shall include all of the following:
(a) That, if school personnel suspect a child has a chronic
behavioral condition or if requested by a child's parent, school
personnel may do any of the following:
(i) Discuss the child's behavior with the child's parent.
(ii) If appropriate, and with parental consent, refer the child
for an educational evaluation by appropriate educational
evaluators.
(iii) If appropriate, recommend to the child's parent that the
child be evaluated by an appropriate health care provider.
(iv) Refer the parent to appropriate health professionals
affiliated with the school district, intermediate school district,
or public school academy for possible evaluation of the child.
(v) If behavior issues persist after taking the steps under
subparagraphs (i) to (iv), follow local procedures to provide
specialized educational services as appropriate for the child.
(b) That, unless he or she is licensed, certified, or
registered to do so, a teacher shall not do any of the following:
(i) Make a psychological or medical diagnosis of a behavioral
condition or disorder in a child.
(ii) Recommend a psychotropic drug for any child.
(2) Not later than the beginning of the 2005-2006 school year,
the board of a school district, local act school district, or
intermediate school district or board of directors of a public
school academy shall adopt and implement a local policy concerning
chronic behavioral issues and psychotropic medication for pupils
that is consistent with the state model policy under subsection
(1). If a school district or intermediate school district operates
or provides educational services for pupils in a residential care
facility for court-placed children, the local policy may exclude or
exempt that facility and children and teachers in that facility. A
board or board of directors shall notify parents of the local
policy under this subsection. The notification to parents may be
made by including the policy in a student handbook that is
distributed to pupils and parents at the beginning of each school
year.
(3) As used in this section:
(a) "Education evaluator" means appropriate school personnel,
including certified school psychologists, approved school social
workers, approved or certified speech pathologists, school nurses,
and school counselors.
(b) "Parent" means a child's parent or legal guardian.