1. DATE: August 1, 2005
    2. SUBJECT: 2005 Legislation: SB 1090: Administration of Psychotropic Medications

FLORIDA DEPARTMENT OF EDUCATION
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STATE BOARD OF EDUCATION
John L. Winn
Commissioner of Education
F. PHILIP HANDY,
Chairman
T. WILLARD FAIR,
Vice Chairman
Members
DONNA G. CALLAWAY
JULIA L. JOHNSON
ROBERTO MARTINEZ
PHOEBE RAULERSON
LINDA K. TAYLOR
MEMORANDUM
Contact Information:
Bettye Hyle
TO: District School Superintendents
(850) 922-3727
bhyle@tempest.coedu.usf.edu
FROM: Jeanine Blomberg, Chief of Staff
K12: 2005-101
DATE: August 1, 2005
SUBJECT:
2005 Legislation: SB 1090: Administration of Psychotropic Medications
The Florida Department of Education is committed to a seamless educational system that
promotes student achievement in a safe learning environment. The 2005 Florida Legislature
passed Senate Bill (SB) 1090 which created Section 1006.0625, Florida Statutes (F.S.),
Administration of Psychotropic Medications. This legislation prohibits public schools from
 
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The public school teacher and school district personnel may share school-based observations of a
student’s academic, functional, and behavioral performances with the student’s parents and offer
program options and other assistance available to the parent and the student based on these
observations. However, public school teachers and school district personnel may not compel or
attempt to compel any specific action by the parent or require a student to take medication.
An amendment was added by the United States Congress to the Individuals with Disabilities
Education Act of 2004 that prohibits state and local educational agency personnel from requiring
a student to obtain a prescription for a substance covered by the Controlled Substance Act as a
condition of attending school, receiving an evaluation, or receiving services.
JEANINE BLOMBERG
CHIEF OF STAFF
325 W. GAINES STREET • SUITE 1514 • TALLAHASSEE, FL 32399-0400 • (850) 245-9663 • www.fldoe.org

2005 Legislation
July 27, 2005
Page Two
Section 1006.0625, F.S., also indicates the parent’s right to refuse psychological screening. Rule
6A-6.03311, Florida Administrative Code (Procedural Safeguards for Students with Disabilities),
currently requires informed parental consent prior to conducting an initial individual evaluation
to determine eligibility and prior to initial provision of specially designed instruction and related
services to a student with a disability.
This legislation took effect July 1, 2005. We look forward to working with you to ensure
implementation of this important legislation and appreciate your continued efforts to engage
families in designing instructional programs leading to high student achievement. Please direct
your questions regarding implementation of this legislation to Bettye Hyle as indicated above.
Attachment: SB 1090 (Enrolled)
cc:
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Exceptional Students
Education Directors
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Student Services Directors
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