ITEMS TO TAKE TO YOUR MEETINGS WITH SCHOOL OFFICIALS AND OTHERS RECOMMENDING PSYCHIATRIC DRUGGING OF YOUR CHILD AND/OR PSYCHOLOGICAL TESTING WHEN YOU ARE OPPOSED
Often various mental health agencies and school districts will pressure families into submitting to various testing and psychological evaluations. Families have the right to refuse such a thing from occurring. Please read below:
20 USC Sec. 1232h 01/05/99
TITLE 20 - EDUCATION
CHAPTER 31 - GENERAL PROVISIONS CONCERNING EDUCATION
SUBCHAPTER III - GENERAL REQUIREMENTS AND CONDITIONS CONCERNING
OPERATION AND ADMINISTRATION OF EDUCATION PROGRAMS: GENERAL
AUTHORITY OF SECRETARY
Part 4 - Records; Privacy; Limitation on Withholding Federal Funds
-HEAD-
Sec. 1232h. Protection of pupil rights
-STATUTE-
(a) Inspection of instructional materials by parents or guardians
All instructional materials, including teacher's manuals, films,
tapes, or other supplementary material which will be used in
connection with any survey, analysis, or evaluation as part of any
applicable program shall be available for inspection by the parents
or guardians of the children.
(b) Limits on survey, analysis, or evaluations
No student shall be required, as part of any applicable program,
to submit to a survey, analysis, or evaluation that reveals
information concerning -
(1) political affiliations;
(2) mental and psychological problems potentially embarrassing
to the student or his family;
(3) sex behavior and attitudes;
(4) illegal, anti-social, self-incriminating and demeaning
behavior;
(5) critical appraisals of other individuals with whom
respondents have close family relationships;
(6) legally recognized privileged or analogous relationships,
such as those of lawyers, physicians, and ministers; or
(7) income (other than that required by law to determine
eligibility for participation in a program or for receiving
financial assistance under such program),
without the prior consent of the student (if the student is an
adult or emancipated minor), or in the case of an unemancipated
minor, without the prior written consent of the parent.
(c) Notice
Educational agencies and institutions shall give parents and
students effective notice of their rights under this section.
(d) Enforcement
The Secretary shall take such action as the Secretary determines
appropriate to enforce this section, except that action to
terminate assistance provided under an applicable program shall be
taken only if the Secretary determines that -
(1) there has been a failure to comply with such section; and
(2) compliance with such section cannot be secured by voluntary
means.
(e) Office and review board
The Secretary shall establish or designate an office and review
board within the Department of Education to investigate, process,
review, and adjudicate violations of the rights established under
this section.
-SOURCE-
(Pub. L. 90-247, title IV, Sec. 445, formerly Sec. 439, as added
Pub. L. 93-380, title V, Sec. 514(a), Aug. 21, 1974, 88 Stat. 574;
amended Pub. L. 95-561, title XII, Sec. 1250, Nov. 1, 1978, 92
Stat. 2355; Pub. L. 103-227, title X, Sec. 1017, Mar. 31, 1994, 108
Stat. 268; renumbered Sec. 445, Pub. L. 103-382, title II, Sec.
212(b)(1), Oct. 20, 1994, 108 Stat. 3913.)
-MISC1-
PRIOR PROVISIONS
A prior section 445 of Pub. L. 90-247 was classified to section
1233d of this title prior to repeal by Pub. L. 103-382.
AMENDMENTS
1994 - Pub. L. 103-227 amended section generally, substituting in
subsec. (a), provisions relating to inspection of instructional
materials by parents or guardians for similar provisions, in
subsec. (b), provisions relating to limits on survey, analysis, or
evaluations for provisions relating to psychiatric or psychological
examinations, testing, or treatment, and adding subsecs. (c) to
(e).
1978 - Pub. L. 95-561 designated existing provisions as subsec.
(a) and added subsec. (b).
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95-561 effective Oct. 1, 1978, see section
1530(a) of Pub. L. 95-561, set out as a note under section 1221e-3
of this title.
EFFECTIVE DATE
Section 514(b) of Pub. L. 93-380 provided that: ''The amendment
made by subsection (a) (enacting this section) shall be effective
upon enactment of this Act (Aug. 21, 1974).''
I understand that my child has been assigned a DSM-IV diagnostic label, based on my doctor (and perhaps others) subjective observation of my child's behavior. I am aware that there is no medical evidence that my child has a medical problem, and no scientific evidence that proves the existence of the illness which my child is said to have.
I am aware that I will never be able to remove this diagnostic label or any other from my child's medical record, and that this record may interfere with possible educational and vocational directions of my child.
I have been informed that the drug or drugs my doctor is prescribing for my child cannot cure whatever "illness" or "chemical imbalance" this doctor may believe my child to have, but can only affect "symptoms." I understand that psychiatric drugs have not been demonstrated to have long-term positive effects on any measure of learning, behavior or social development in children.
I understand that the review and approval process of psychoactive drugs by the FDA is both controversial and complicated, and that, therefore, all psychiatric drugs must be considered experimental. I have been informed of all the known effects of any recommended drug, and I have a copy of the current information listed on these drugs in the Physicians Desk Reference. I also am aware of the up-to-date accumulation of FDA adverse reaction reports of any prescribed drug; I understand that it is necessary to multiply the number of reported reactions by up to 100 to estimate the actual incidence of these reactions. I understand that these drugs are addictive and create dependency, and that drug withdrawal can pose serious problems.
I understand that taking psychiatric drugs may cause severe pain and discomfort to my child, worsen my child condition, or even cause my child permanent damage or death. I also understand that no body of research clearly shows that the problems indicated by my child diagnosis require or respond more favorably to drug treatment than to one or more forms of nondrug treatment.
I understand that this brief statement is only the "tip of the iceberg" regarding psychiatric diagnosis and drug treatment of my child, and that it is my responsibility to take the necessary time and trouble to fully research the relevant necessary information in order to make an informed decision on behalf of my child.
I understand that since psychiatric diagnosis and drug treatment of children is considered customary and usual medical practice, doctors are generally not held liable for harm resulting from such treatment. Therefore, I understand that the effects of such treatment are, practically speaking, my complete responsibility as a parent.
DR. DAN L. EDMUNDS, ED.D.