Guidance for the Safe and Drug and Free Schools Program update.
Please note that the only change is the addition of question 48.
"Q48. Do the provisions of the Safe and Drug-Free Schools and Communities Act (SDFSCA) (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?"
A48. "No, a student's 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 and, in some cases, these medications must be taken during the school day. For example, students that 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 for administration of the medication available. The provisions of the SDFSCA do not prohibit these activities.
"States or localities may develop policies regarding the custody or control of prescription drugs, the equipment necessary to administer the drugs as prescribed, and the equipment necessary to monitor the illness. We encourage State and local officials to consider the needs of all of their students in developing policies that address this issue."
Information about the NYS Education Department's policy on medication management in the school setting may be found at the following website:
http://www.emsc.nysed.gov/sss/HealthServices/AdminMedApril202002Final.pdf.
Any revisions to this document will reflect this SDFSCA guidance.