Authority: IC 20-19-2-8; IC 20-19-2-16

Affected: IC 20-19-2; IC 20-35

Sec. 10. (a) The public agency shall establish, maintain, and implement written policies and procedures on the administration of medication that include the following:

1. (1) No medication shall be administered without the written and dated consent of the parent.

2. (2) The parent's written consent is valid:

   1. (A) only for the period specified on the consent form; and
   2. (B) never longer than the current school or program year.

3. (3) A licensed healthcare provider's prescription, a copy of the original prescription, or the pharmacy label must be:

   1. (A) provided by the parent; and
   2. (B) on file with the public agency.

4. (4) Medication shall be:

   1. (A) maintained in a secure location; and
   2. (B) administered in accordance with the licensed healthcare provider's prescription.
5. (5) The parent may, upon request, obtain a copy of the public agency's policies and procedures on medication administration.
6. (6) If the medication is to be terminated prior to the date on the prescription, the written and dated consent or withdrawal of consent of the parent is required.
7. (7) The person or persons authorized to administer medication are specified.

(b) The public agency shall document any special training provided to persons authorized to administer medication.

(c) Public agency and state personnel are prohibited from requiring a parent to obtain a prescription for medication for a student as a condition for:

1. (1) attending school;
2. (2) receiving an educational evaluation under 511 IAC 7-40; or
3. (3) receiving special education or related services under this article.

(d) Nothing in subsection (c) shall be construed to prohibit teachers and other school personnel from consulting or sharing classroom based observations with a parent regarding his or her student's:

1. (1) academic and functional performance;
2. (2) behavior in the classroom or school; or
3. (3) need for evaluation for special education and related services under 511 IAC 7-40-2, related to child identification.

(Indiana State Board of Education; 511 IAC 4-1.5-10; filed Mar 4, 2024, 10:02 a.m.: 20240403-IR- 511230504FRA; readopted filed Nov 18, 2024, 2:55 p.m.: 20241218-IR-511230838RFA)