1. (a) General. The SEA must prohibit state and LEA personnel from requiring parents to obtain a prescription for substances identified under schedules I, II, III, IV, or V in Section 202(c) of the Comprehensive Drug Abuse Prevention and Control Act of 1970, 21 U.S.C. § 812(c), for a child as a condition of:

   1. (1) Attending school;
   2. (2) Receiving an evaluation under 34 C.F.R. §§ 300.300 – 300.311; or
   3. (3) Receiving services under Part B of the Individuals with Disabilities Education Act.

2. (b) Rule of construction. Nothing in this section shall be construed to create a federal prohibition against teachers and other school personnel consulting or sharing classroom-based observations with parents or guardians regarding:

   1. (1) A student's academic and functional performance or behavior in the classroom or school; or
   2. (2) The need for evaluation for special education or related services under 34 C.F.R. § 300.111 (related to child find).

Codification Notes: The Individuals with Disabilities Education Act is codified at 20 U.S.C. § 1400 et seq.