Section 56040.5 Of Article 3. General Provisions From California Education Code >> Division 4. >> Title 2. >> Part 30. >> Chapter 1. >> Article 3.
56040.5
. (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.