EdAction
Maple River Education Coalition PAC
105 Peavey Rd, St 116 
Chaska, MN  55318 
952-361-4931
http://www.EdAction.org
E-mail

July 1, 2002

Child Mental Health Legislation: Part 2

Karen R. Effrem, M.D.
ICSPP Advisory Board
Maple River Education Coalition Board of Directors
National Physician's Center for Family Resources Executive Board

Reauthorization of Individuals with Disabilities Act (IDEA)

What to Do - 

If IDEA is fully funded, the already frightening level of child psychiatric labeling and drugging will increase exponentially. There are three ways to stop that from happening:

1) No more federal IDEA funding. Obviously, the schools and states have been put in a position that makes this option impossible. They are required by federal law to do something they do not have the finances to accomplish. Stopping the finances without pulling back the mandate is a losing proposition. That leaves us one of the next two options.

2) Support a roll back to pre-1991 language to remove mental and emotional disorders from special education funding. A very logical case could be made that the federal government is getting what it is subsidizing. The nation is raising a generation of children weaned on psychiatric drugs. Very few of these drugs are approved for young children or for the indications used in children. Although this makes the most sense from ICSPP's standpoint, this too will be difficult politically. Accusations of "turning back the clock" have already come from congressional staff. There are some members that will support this, but probably not enough to turn the tide. Once a subsidy or tax has been put in place, it is nearly impossible to remove.

3) Support full funding of IDEA, but put a large disincentive in the law to discourage the psychiatric labeling and drugging of children. I believe that this is the most workable of the three options. It would support what has already happened in several states. Connecticut and Virginia have passed laws prohibiting school personnel from recommending psychotropic medications to students and Minnesota has passed legislation preventing parents from being penalized if they refuse these drugs for their children. Some type of anti-coercion legislation is also being considered in California, New York, Florida, Arizona, and New Jersey. (View the model legislation.)  In part that legislation says:

School administrators, teachers, counselors, psychologists, and social workers without a medical degree shall not provide medical diagnoses or give a clinical test to any student. Non-medical school staff may not present lessons or activities that could be defined as medical or psychological therapy, nor shall any parent or legal guardian be coerced to seek medication or intimidated into pursuing specific medical or psychological diagnoses, psychotherapies, or other treatments for his/ her child. The school nurse shall be the sole point of contact with respect to any recommendations to the parent or legal guardian regarding a child's medical needs and may not administer medication unless authorized in writing by the parent or legal guardian through written recommendations of his/her private physician. Transportation of any student to a medical facility for any purpose without the consent of the parent or legal guardian is prohibited, except in immediately life-threatening situations, such as an accident involving physical injury. All in-school physical or mental examinations are prohibited. Decisions of the parent or legal guardian shall take precedence over the directives of school staff and school administrators with respect to application of designations such as "educationally handicapped" and "learning disabled."

The penalties in the model legislation are very good and necessary, but are specific to individual schools. Since the federal government is not supposed to set policies for individual schools, districts, or states, these penalties could be changed to total loss of federal IDEA funds for the district or even the entire state. Other disincentives could be considered.

Presidential Commission - 

A presidential commission is due to report their findings and suggestions regarding IDEA in July. Congressional staff will draft a bill in August and it will likely be debated in the U.S. House of Representatives in September. Because of other appropriations bills, IDEA may not get through the House, the Senate and a conference committee before adjournment in October. However, it is critical that individuals comment on the bill both personally and as organizations to provide a foundation of needed balance and opposition to a bill that does nothing to prevent more children being labeled and drugged next year. The U.S. House of Representatives Committee in Education and the Workforce has a website in order to submit comments.

It is important to comment on the form as well as to chairman John Boehner, Representative Tom Tancredo and your own U.S. Representative and Senator.

Chairman John Boehner
Committee on Education and the Workforce
U. S. House of Representatives
2181 Rayburn House Office Building
Washington, D.C. 20515
(202) 225-4527

Representative Tom Tancredo
U. S. House of Representatives
418 Cannon House Office Building
Washington, D.C. 20515-2701
Tel: (202) 225-7882
Fax: (202) 226-4623

EdAction - 105 Peavey Rd, Ste 116, Chaska, MN  55318 
952-361-4931 - edaction@lakes.com - (c) EdAction - All rights reserved.