You asked the following questions about the effect of PA 01-124, which requires local boards of education to adopt and implement policies prohibiting school personnel from recommending that a child use psychotropic drugs:

1. Is it true that only medical staff may recommend that an appropriate medical practitioner evaluate the child?

2. Are nonmedical school personnel prohibited from recommending that a student receive psychiatric, neurological, or medical evaluations?

3. Are teachers prohibited from suggesting to parents where they might be able to receive help for their child who the teacher observes as (a) potentially experiencing depression or suicidal emotions or (b) inattentive, disorganized, impulsive, or otherwise lacking focus?

It appears that the answer to all three of these questions is no.

According to Katherine Nicoletti of the State Department of Education (SDE), PA 01-124 applies only recommendations by school personnel concerning certain kinds of drugs. It does not prohibit an appropriately

constituted Planning and Placement Team (PPT) from recommending evaluations for a child who is eligible for special education or to determine if the child has a disability that may make him eligible.

In situations where it has been determined that a child is not eligible for special education, SDE suggests it would be good practice for a local school district to have policies on how and when school personnel should recommend a medical or other evaluation and how to deal with a student exhibiting severe depression or suicidal ideas.

The education commissioner issued a circular letter to superintendents on December 13, 2001 that provides guidance on how school districts should implement PA 01-124 (Circular Letter: C-12, Series 2001-2002). Nicoletti also e-mailed us a copy of additional guidance SDE sent to school districts in mid-January. For your further information, we enclose copies of the circular letter and the additional guidance.

JL: ro