20 USC 7101 - General provisions

U.S Code last checked for updates: Nov 22, 2024

§ 7101.

General provisions

(a)

Parental consent

(1)

In general

(A)

Informed written consent

(B)

Contents

(C)

Limitation

(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.

(b)

Prohibited use of funds

(c)

Prohibition on mandatory medication

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.

(Pub. L. 89–10, title IV, § 4001, as added Pub. L. 114–95, title IV, § 4002, Dec. 10, 2015, 129 Stat. 1967.)

cite as: 20 USC 7101