Michigan House Panel Passes 'Ritalin' Bill
from MIRS, March 25, 2003
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On March 25, the Michigan House Education Committee overwhelmingly passed HB 4025, a bill to assure that school officials respond appropriately when they believe students display behavior problems.

A primary purpose behind the measure is preventing parents from feeling pressured into having psychotropic drugs (particularly Ritalin) prescribed for their children.

Ritalin is prescribed to treat attention deficit hyperactivity disorder (ADHD). However, there is an ongoing debate among psychiatric and medical experts as to whether or not ADHD actually exists, and whether Ritalin is an appropriate treatment for so-called behavior disorders.

Rep. Susan TABOR (R-Delta Twp.) is sponsoring SB 4025. Last year, Tabor sponsored a detailed package of bills dealing with the issue, but opposition to various aspects of the legislation prevented it from being adopted.

This time around, with HB 4025, Tabor has taken a different angle, which has won over support from groups like the Michigan Education Association (MEA), the Michigan Association of School Social Workers (MASSW), and the Michigan Psychologists Association.

HB 4025 would require the Department of Education to develop model policy concerning chronic behavioral issues and psychotropic medication for pupils. Under the bill, the state model policy would be to require that if school personnel suspect a child has a chronic behavioral condition, or if requested by a child's parent, school personnel would be permitted to do any of the following:

- Discuss the child's behavior with the child's parent;

- If appropriate and with parental consent, refer the child for an educational evaluation by appropriate educational evaluators;

- If appropriate, recommend to the child's parent that the child be evaluated by an appropriate health care provider;

- Refer the parent to appropriate health professionals affiliated with the school district, intermediate school district, or public school academy for possible evaluation of the child; and,

- If behavior issues persist after taking the steps under subparagraphs i) to iv), follow local procedures to provide specialized educational services as appropriate for the child.

A teacher could not diagnosis a child with a psychological or medical disorder or recommend that the child be put on a psychotropic drug.

It is already illegal for school personnel to make diagnoses or recommend treatment. HB 4025 would set clear guidelines school personnel would follow to appropriately inform parents without intentionally or unintentionally crossing the line into areas of inappropriate advice or pressure.

“Hopefully this will lead to better diagnosis,” Tabor said. “I think teachers want to deal with children's behavior, but they don't want to deal with medical diagnosis.”

HB 4024, a companion bill to HB 4025 has yet to move.