April 6, 2005 -- States Consider Ban on School Mental Health Screening, Recommendations

An increasing number of states have introduced legislation that prohibits mental health screening of children in schools and limits the ability of school personnel "to make recommendations or even have dialogue with parents about behavioral health issues,” according to the National Mental Health Association. As an example, the NMHA cites a bill introduced in the Alaska legislature that would prohibit school personnel from:

* conducting a psychiatric or behavioral health evaluation of a child;
* recommending a specific licensed physician, psychologist, or other health specialist to a parent or guardian for a child; or
* making recommendations for administration of a psychotropic medication or psychiatric or psychological treatment or evaluation of a child.

Legislation limiting schools’ ability to make medical recommendations for minors has also been introduced in Florida, Georgia, New Hampshire, New Mexico, New York, Pennsylvania, Tennessee, and Vermont. A bill that sought to prohibit school personnel from making certain medical recommendations for a minor, including the use of psychotropic drugs, was recently vetoed by the governor of Utah. NMHA position statements are available at www.nmha.org.