Chapter D - Communication

Part 5.0 Staff to Parent

Section 5.1 Staff to Parent Guidelines

Paragraph 5.1.1 Staff to Parent Medical Recommendations

Policy Statement:

Staff to Parent Medical Recommendations

School personnel MAY:

1.  
   1. provide information and observations to a student's parent or guardian about that student, including observations and concerns in the following areas:
      1. progress;
      2. health and wellness;
      3. social interactions;
      4. behavior; or
      5. topics consistent with Subsection 53E-9-203(6);
   2. communicate information and observations between school personnel regarding a child;
   3. refer students to other appropriate school personnel and agents, consistent with district policy, including referrals and communication with a school counselor or other mental health professionals working within the school system;
   4. consult or use appropriate health care professionals in the event of an emergency while the student is at school, consistent with the student emergency information provided at student enrollment;
   5. exercise their authority relating to the placement within the school or readmission of a child who may be or has been suspended or expelled for a Safe Schools violation; and
   6. complete a behavioral health evaluation form if requested by a student's parent or guardian to provide information to a licensed physician.

School personnel SHALL:

1.  
   1. report suspected child abuse;
   2. comply with applicable state and local health department laws, rules, and policies; and
   3. conduct evaluations and assessments consistent with the Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq., and its subsequent amendments.

School personnel MAY NOT:

1.  
   1. recommend to a parent or guardian that a child take or continue to take a psychotropic medication;
   2. require that a student take or continue to take a psychotropic medication as a condition for attending school;
   3. recommend that a parent or guardian seek or use a type of psychiatric or psychological treatment for a child;
   4. conduct a psychiatric or behavioral health evaluation or mental health screening, test, evaluation, or assessment of a child (other than those consistent with IDEA);
   5. make a child abuse or neglect report to authorities, including the Division of Child and Family Services, solely or primarily on the basis that a parent or guardian refuses to consent to:
      1. a psychiatric, psychological, or behavioral treatment for a child, including the administration of a psychotropic medication to a child; or
      2. a psychiatric or behavioral health evaluation of a child.

Exceptions:   A school counselor or other mental health professional acting in accordance with Title 58, Chapter 60, Mental Health Professional Practice Act, or licensed through the State Board of Education, working within the school system may make appropriate recommendations or conduct evaluations.  These activities must be in compliance with district policy and Federal and State laws and rules.

Penalty:   An intentional violation of this policy is cause for disciplinary action.

Supplemental Materials:

Legal References:    UT 53G-9-203 (previously 53A-11-605) Definitions -- School personnel -- Medical Recommendations -- Exceptions -- Penalties       

                                    UT 62A-4a-403 "Reporting Requirements"

                                    UT 53G-11-513 (previously 53A-8a-502) "Dismissal Procedures"