HB 0692

HB 692 - AS INTRODUCED

AN ACT relative to the use of psychological testing and psychiatric drugs in schools.

SPONSORS: Rep. L. Christiansen, Hills 23; Rep. Bruno, Hills 4; Rep. Kennedy, Merr 7

This bill creates a statutory statement of parental rights relative to the use of psychological testing and psychiatric drugs in schools.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT relative to the use of psychological testing and psychiatric drugs in schools.

Be it Enacted by the Senate and House of Representatives in General Court convened:

(a) U. S. Public Law 96-88 states, "parents have the primary responsibility for the education of their children, and states, localities, and private institutions have the primary responsibility for supporting that parental role."

(b) Schools are funded by taxpayers and school and government agency staff are servants of the public.

(c) The 1998 National Institutes of Health (NIH) Consensus Development Panel found no "independent, valid test for ADHD" and "no data to indicate that ADHD is due to a brain malfunction."

(d) In 1996 the International Narcotics Control Board (INCB) asked the government to exercise utmost vigilance to prevent the over-diagnosing of ADD (attention deficit disorder) and its possible medically unjustified treatment with methlyphenidate (ritalin).

(e) A U. S. Drug Enforcement Agency report of 1995 states that "despite the frequent reference to ADHD as a neurological disorder, the cause of ADHD remains unknown." As a result of these findings, in 1997 the U. S. Department of Defense, issued a directive with limitations for accepting individuals into the service. However, programs used to educate children in public schools should not cause the denial of educational opportunities in the service of the United States government, and the governments of the 50 sovereign states.

(f) Furthermore, research by medical professionals indicates that prescription psychiatric drugs, including antidepressants and methylphenidate, may have deleterious effects on children, including causing psychotic, manic, violent, or suicidal behavior.

II. For the foregoing reasons, it is necessary and proper that the general court specify certain rights for parents of children enrolled in public schools.

2 New Subdivision; Pupils; Statement of Parental Rights. Amend RSA 193 by inserting after section 37 the following new subdivision:

I. If agreement between the school and the parent or guardian cannot be reached concerning disciplinary measures, decisions of the parent or legal guardian shall take precedence over the recommendations of school staff and school administrators.

II. To enhance parental involvement, parents and legal guardians shall be informed by mail, prior to the dissemination of any survey, questionnaire, or test, given by school staff or proctors sent or brought to the school, that contains items relating to "private family information," defined for purposes of this subdivision as family finances, disciplinary methods, religious beliefs, political opinions, sexual issues, and value and lifestyle data such as that used for market research purposes. All private family information questionnaires shall be addressed to the parent or guardian of the minor.

III. Parents and legal guardians shall have the right to examine any curriculum, test, survey, questionnaire, text, workbook, Internet logs, or other supplementary material immediately upon request and to make a decision with respect to his or her child concerning the appropriateness of the materials for his or her child. Parents and legal guardians shall have the right to withdraw their children from programs they believe are inappropriate, and the school shall provide an alternative program, without penalty to the student.

IV. School administrators, teachers, and counselors without a medical degree shall not provide a psychiatric diagnosis or give a clinical test to any student. No parent or legal guardian shall be coerced to seek psychiatric medication or pursue specific psychiatric or psychological diagnoses, psychotherapy, or other treatments with respect to his or her child without full notification of the 1997 Department of Defense directive limiting certain individuals' access to educational opportunities in the United States armed services. No psychiatric drug shall be administered to any school child unless authorized with fully informed consent by the parent or legal guardian through his or her private physician and counselor. Transportation of any student to a psychiatric or psychological facility for any purpose without the consent of the parent or legal guardian is prohibited. All in-school mental examinations are prohibited.

V. Decisions of the parent or legal guardian shall take precedence over the directives of school staff and school administrators with respect to identification of the student as a student with an educational disability within the meaning of RSA 186-C.

193:39 Penalties for Non-Compliance. The following penalties shall be imposed in the case of disseminating to a pupil any psychotropic medication not authorized by the parent or legal guardian or mandating the use of psychiatric drugs; transportation of any student to a medical facility without the consent of the parent or legal guardian; or the administration of in-school mental examinations as stated in paragraph IV above:

I. The school district and any treating psychiatrist or psychologist involved shall be liable for payment to the parent or legal guardian of all legal costs associated with a complaint resulting in a determination of non-compliance.

II. The school district and any treating psychiatrist or psychologist involved shall be liable for payment to the parent or legal guardian of all medical costs incurred by a student for withdrawal from school-mandated psychiatric drugs.

III. The school district and any treating psychiatrist or psychologist involved shall be liable for payment to the parent, legal guardian, or other claimants for any permanent harm to a student or others resulting from the administration of school-mandated psychiatric drugs.