COMMONWEALTH OF VIRGINIA
DEPARTMENT OF EDUCATION
P.O. BOX 2120
RICHMOND, VIRGINIA 23218-2120
SUPTS. MEMO NO. 100
May 14, 2004
INFORMATIONAL
|
TO: |
Division
Superintendents |
|
FROM: |
Jo Lynne
DeMary Superintendent
of Public Instruction |
|
SUBJECT: |
Non-regulatory Guidance for the Safe and Drug-Free
Schools and Communities Act |
Across the country, a number of questions have been raised about the presence of prescription medication at school. The purpose of this memorandum is to assist schools in clarifying and understanding the relationship between the Safe and Drug-Free Schools and Communities Act (SDFSCA) and the Code of Virginia regarding the administration of prescriptive drugs to students at school.
We have recently received information from the U.S. Department of Education that a new question and answer has been added to the non-regulatory guidance for the Safe and Drug-Free Schools and Communities Act State Grants Program. The new item addresses the concern about the impact of SDFSCA provisions on students who need to receive medication or monitor a medical condition while at school.
Question: Do the provisions of the Safe and Drug-Free
Schools and Communities Act (Title IV, Part A of the Elementary and Secondary
Education Act of 1965 as amended by the No Child Left Behind Act) prohibit the
presence of prescription medication (or paraphernalia used to administer such
medication) at school?
Answer: No, a students prescription drugs, and
related equipment, are not illegal drugs and are not prohibited by the
SDFSCA. The SDFSCA defines drug
prevention as prevention, early intervention, rehabilitation referral, or
education related to the illegal use of drugs.
Under the SDFSCA, the term drug includes controlled substances, the
illegal use of alcohol and tobacco, and the harmful, abusive, or addictive use
of substances, including inhalants or anabolic steroids.
Many students suffer from short-term or chronic
illnesses that require them to take prescription medication that in some cases
must be taken during the school day. As
an example, students who have been diagnosed with diabetes may have to receive
insulin during the school day, and as a result would need to have both the
medication and a syringe available. The
provisions of the SDFSCA do not prohibit these activities.
The revised non-regulatory guidance document can be
accessed through the U.S. Department of Educations website on the Safe and
Drug-Free Schools State Formula Grants page:
http://www.ed.gov/programs/dvpformula/legislation.html. For convenience, it has also been included
as Attachment A to this memo.
Questions may be addressed to the Office of Student
Services staff -- Gwen Smith, coordinator, School Health Services, at
804-786-8671 or Arlene Cundiff, coordinator, Safe and Drug-Free Schools Program
at 804-225-2871.