Last modified: December 5, 2023

Policy 3418 P1 Medical Recommendations by School Personnel to Parent(s)/Guardian(s)

Download Policy 3418 P1 Medical Recommendations by School Personnel to Parent(s)/Guardian(s)

Medical Recommendations by School Personnel

School employees may provide information and observations to a student’s parent(s) or guardian(s) about the student’s:

progress;
health and wellness;
social interactions; and/or
behavior

School employees may complete a behavioral health evaluation form if requested by a student’s parent(s) or guardian(s) to provide information to a licensed physician.

In addition, a school employee may communicate information and observations between school personnel regarding a student. School employees may also refer a student to other appropriate school personnel and agents, including referrals and communication with a school counselor/social worker, or other mental health professionals working within the school.

If a school employee believes a student is at risk of

attempting suicide,
physical self-harm, or
harming others,

then the employee may question the student about the suicidal thoughts, self-harming behavior, or thoughts of harming others in order to refer the student to appropriate prevention services and to inform the student’s parent(s) or guardian(s). However, the questioning shall be limited to that which is necessary for referral to prevention services or to make the parent(s) or guardian(s) aware of the perceived risk.

If a school employee believes that a situation exists which presents a serious threat to the well being of a student, that employee shall notify the student’s parent(s) or guardian(s) without delay. The school employee may consult or use appropriate health care professionals in the event of an emergency while the student is at school, consistent with the student emergency information provided at student enrollment.

The school shall notify the parent(s) or guardian(s) of a student who:

threatens to commit suicide; or
is involved in an incident of bullying, hazing, cyber-bullying, harassment, or retaliation (whether as a victim or as a perpetrator).

The school shall produce and maintain a record that verifies that the parent(s) or guardian(s) were notified of the threats or incidents listed above. The record is a private record of the Government Records Access and Management Act (GRAMA).

The process for notifying a parent(s) or guardian(s) shall consist of:

The school principal or designee shall attempt to make personal contact with parent(s) or guardian(s) when the school has notice of a threat or incident listed above. If personal contact is not possible, the parent(s) or guardian(s) may be contacted by phone.
Contact with the parent(s) or guardian(s) must be documented in a “Parent/Guardian Notification Record of Student Bullying Incident or Suicide Threat.”

A copy of the “Parent/Guardian Notification Record of Student Bullying Incident or Suicide Threat” shall upon request, be provided to the parent(s)/guardian(s of the student to whom the record relates. After the student has graduated, the District shall expunge the record of parental/guardian notification notification upon request of the student. notification

Schools Cannot Require Students to Take a Specific Medication or Treatment

School employees shall not require that a student take or continue to take a specific medication, whether over-the-counter or prescription medicine, as a condition for attending school. This does not include immunizations as required by the Department of Health as a prerequisite for school attendance.

School employees may not:

recommend to parent(s) or guardian(s) that a student take or continue to take a psychotropic medication;
require that a student take or continue to take a psychotropic medication as a condition for attending school;
recommend that parent(s) or guardian(s) seek or use a type of psychiatric or psychological treatment for a student;
conduct a psychiatric or behavioral health evaluation or mental health screening, test, evaluation, or assessment of a student, except when necessitated to meet the requirements of the Individuals with Disabilities Education Act and it subsequent amendments; or
make a child abuse or neglect report to authorities, including the Division of Student and Family Services, solely or primarily on the basis that parent(s) or guardian(s) refuses:
- a psychiatric, psychological, or behavioral treatment for a student, including the administration of a psychotropic medication to a student; or
- a psychiatric or behavioral evaluation of a student.

However, school employees may make a report that would otherwise be prohibited under the guidance listed above if failure to take the action would present a serious, imminent risk to the student’s safety or the safety of others.

School Mental Health Professionals and Counselors Can Recommend Treatment or Evaluation

A school counselor or other mental health professional acting in accordance with the Mental Health Professional Practice Act, or licensed through the State Board of Education, working within the school system may:

recommend, but not require a psychiatric or behavioral health evaluation of a student;
recommend, but not require psychiatric, psychological, or behavioral treatment of a student;
provide to parent(s) or guardian(s), upon the specific request from them, a list of three or more health care professionals or providers, including licensed physicians, psychologists, or other health specialists; and
conduct a psychiatric or behavioral health evaluation or mental health screening, test, evaluation, or assessment of a student; however, prior written consent of the student’s parent(s) or guardian(s), and a two-week minimum notification period are required prior to conducting the behavioral health evaluation or mental health screening, test, evaluation, or assessment. Parent(s) or guardian(s) may waive the two week minimum notification period. However, this written consent and notice is not required before questioning a student believed to be at risk of suicide, physically self-harming behavior, or harming others to the extent needed for referral to appropriate prevention services and to notify the parent(s) or guardian(s) of the perceived risk.

Training and Discipline

The district shall provide training to the appropriate personnel on the proper application of this policy and procedure. An intentional violation of this policy shall be dealt with through employee discipline.

Approval Date

September 21, 2015

Policy

Policy No. 3418 Medical Recommendations by School Personnel to Parent(s)/Guardian(s)