20 U.S.C. § 7101
Section 7101 · Short title
Amended 1 time on record
Applied in 7 court decisions — leading case In Re Morvant (2009)
Most recently applied in Lundy v. Commonwealth (January 2017)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
(1) In general
(A) Informed written consent
A State, local educational agency, or other entity receiving funds under this subchapter shall obtain prior written, informed consent from the parent of each child who is under 18 years of age to participate in any mental-health assessment or service that is funded under this subchapter and conducted in connection with an elementary school or secondary school under this subchapter.
(B) Contents
Before obtaining the consent described in subparagraph (A), the entity shall provide the parent written notice describing in detail such mental health assessment or service, including the purpose for such assessment or service, the provider of such assessment or service, when such assessment or service will begin, and how long such assessment or service may last.
(C) Limitation
The informed written consent required under this paragraph shall not be a waiver of any rights or protections under section 1232g of this title.
(2) Exception
Notwithstanding paragraph (1)(A), the written, informed consent described in such paragraph shall not be required in—
(A) an emergency, where it is necessary to protect the immediate health and safety of the child, other children, or entity personnel; or
(B) other instances in which an entity actively seeks parental consent but such consent cannot be reasonably obtained, as determined by the State or local educational agency, including in the case of—
(i) a child whose parent has not responded to the notice described in paragraph (1)(B); or
(ii) a child who has attained 14 years of age and is an unaccompanied youth, as defined in section 11434a of title 42.
No funds under this subchapter may be used for medical services or drug treatment or rehabilitation, except for integrated student supports, specialized instructional support services, or referral to treatment for impacted students, which may include students who are victims of, or witnesses to, crime or who illegally use drugs.
No child shall be required to obtain a prescription for a controlled substance, as defined in section 802 of title 21 as a condition of—
(1) receiving an evaluation or other service described under this subchapter; or
(2) attending a school receiving assistance under this subchapter.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Prior Provisions
A prior section 7101, Pub. L. 89–10, title IV, §4001, as added Pub. L. 107–110, title IV, §401, Jan. 8, 2002, 115 Stat. 1734, provided that this part could be cited as the "Safe and Drug-Free Schools and Communities Act", prior to repeal by Pub. L. 114–95, §5, title IV, §4002, Dec. 10, 2015, 129 Stat. 1806, 1967, effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs.
Another prior section 7101, Pub. L. 89–10, title IV, §4001, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3672, set forth short title of subchapter as the "Safe and Drug-Free Schools and Communities Act of 1994", prior to the general amendment of this subchapter by Pub. L. 107–110.
A prior section 4001 of Pub. L. 89–10 was classified to section 3041 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382.
Effective Date
Section effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301 of this title.