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California · Through 2026-09-13

EDC § 56040.5

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Where this section sits in the code
  1. Education Code - EDC
  2. TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000. - 65001.]
  3. DIVISION 4. INSTRUCTION AND SERVICES [46000. - 65001.]
  4. PART 30. SPECIAL EDUCATION PROGRAMS [56000. - 56865.]
  5. CHAPTER 1. General Provisions [56000. - 56070.]
  6. ARTICLE 3. General Provisions [56040. - 56049.1.]

(a) State and local educational agency personnel are prohibited, pursuant to paragraph (25) of subsection (a) of Section 1412 of Title 20 of the United States Code, from requiring an individual with exceptional needs to obtain a prescription for a medication that is a substance covered by the Controlled Substances Act (21 U.S.C. Sec. 801 et seq.) as a condition of attending school, receiving an assessment under subsection (a) or (c) of Section 1414 of Title 20 of the United States Code, or receiving services under this part.

(b) Subdivision (a) does not create a federal prohibition against teachers and other school personnel consulting or sharing classroom-based observations with parents or guardians regarding a pupil’s academic and functional performance, his or her behavior in the class or school, or the need for assessment for special education and related services under paragraph (3) of subsection (a) of Section 1412 of Title 20 of the United States Code.

Collected 2026-09-14T05:56:33Z. Source file · JSON

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