Statute · California Education Code

Cal. Educ. Code § 56040.5 — General Provisions

Cal. Educ. Code § 56040.5

Type
Statute
Source
California Education Code
Jurisdiction
California
Date
2005-10-07
Current through
Nov 2, 2026 (California Legislative Counsel)

(a) State and local educational agency personnel are prohibited, pursuant to paragraph (25) of subsection (a) of Section 1412 of Title 20 of the United States Code, from requiring an individual with exceptional needs to obtain a prescription for a medication that is a substance covered by the…

Citator

Cal. Educ. Code § 56040.5 — General Provisions is in force in the current edition of the Code, and nothing recorded condemns it.

(a) State and local educational agency personnel are prohibited, pursuant to paragraph (25) of subsection (a) of Section 1412 of Title 20 of the United States Code, from requiring an individual with exceptional needs to obtain a prescription for a medication that is a substance covered by the Controlled Substances Act (21 U.S.C. Sec. 801 et seq.) as a condition of attending school, receiving an assessment under subsection (a) or (c) of Section 1414 of Title 20 of the United States Code, or receiving services under this part.

(b) Subdivision (a) does not create a federal prohibition against teachers and other school personnel consulting or sharing classroom-based observations with parents or guardians regarding a pupil’s academic and functional performance, his or her behavior in the class or school, or the need for assessment for special education and related services under paragraph (3) of subsection (a) of Section 1412 of Title 20 of the United States Code.