1 CCR 301-68-7.00 - Policy for Management of Student Possession and Administration of Prescription Medication
A local school board of education shall adopt a policy for student possession and administration of prescription medication. A policy for management of student possession and administration of prescription medication shall address the following requirements.
7.01 The parent or legal guardian of a
student for whom prescription medication is required shall notify the school's
administration or School Nurse of the student's medical needs and that the
student will be in possession of the medication. The policy may require the
notification to include a Plan developed by the Healthcare Practitioner for any
qualifying student or as deemed appropriate by the School Nurse or the school
administrator in consultation with the School Nurse.
7.02 There shall be a process by which a
School Nurse or school administrator, in consultation with the school nurse,
with input from the prescribing Healthcare Practitioner, and parent or legal
guardian, determine any restrictions for a student to possess and
self-administer their medication. Factors to be considered in establishing any
such restrictions include the age and/or maturity of the student, the degree of
responsibility of the student, the type of medication, and whether the
student's possession or self-administration poses a significant risk of harm to
the student or to other students. The School District may limit a student's
ability to possess and carry medication in the event the student's possession
of the medication becomes a disruption or danger to the student or learning
environment.
7.03 If a prescription
medication is carried for a life-threatening condition, the parent or legal
guardian of the student shall provide a sufficient supply to be kept at the
school and be accessible for emergencies.
7.04 A student shall carry only one day's
dose of a prescription medication and the medication shall be kept in the
original container with the prescription label that includes the student's
name, name of medication, dosage and the name of the prescribing Healthcare
Practitioner. This restriction shall not apply to medication that is contained
in a multi-dose device including but not limited to asthma inhaler or insulin
pump.
7.05 A student shall not
possess or self-administer controlled substances, including medical marijuana,
as defined in section
27-80-203(7),
C.R.S., on school grounds, on a school bus, or at any school sponsored event.
Exceptions to the restriction against controlled substances, other than medical
marijuana, may be determined by the school administrator and parents or legal
guardian in consultation with the School Nurse. The sale or sharing of any drug
or controlled substance may be grounds for suspension or expulsion according to
section 22-33-106(1)(d)(I),
C.R.S.
7.06 There shall be a
process for the storage, possession, and administration of medical marijuana in
a nonsmokeable form to a student who holds a valid recommendation for medical
marijuana upon the grounds of the preschool or primary or secondary school in
which the student is enrolled. For purposes of this rule, a public school shall
treat a recommendation for a nonsmokeable form of medical marijuana from a
licensed physician as medication that is prescribed by a licensed healthcare
practitioner.
7.06(a) A primary caregiver may
possess and administer to a student who holds a valid recommendation for
medical marijuana, medical marijuana in a nonsmokeable form upon the grounds of
the preschool or primary or secondary school in which the student is enrolled,
or upon a school bus or at a school-sponsored event. School personnel may
volunteer to possess, administer, or assist in the administration of medical
marijuana in a nonsmokeable form to any student with a valid recommendation for
medical marijuana. The primary caregiver shall not administer the nonsmokeable
medical marijuana in a manner that creates disruption to the educational
environment or causes exposure to other students.
7.06(b) Nothing in this section requires the
school district staff to administer medical marijuana.
7.06(c) A school district board of education
or charter school may adopt policies regarding who may act as a primary
caregiver pursuant to section 7.06 and the reasonable parameters of the
administration and use of medical marijuana in a nonsmokeable form upon the
grounds of the preschool or primary or secondary school in which the student is
enrolled, or upon a school bus or at a school-sponsored event.
7.06(d) This section 7.06 does not apply to a
school district or charter school if:
7.06(d)(I) The school district or charter
school loses or will lose federal funding as a result of implementing this
section 7.06;
7.06(d)(II) The
school district or charter school can demonstrate a reasonable, documented
expectation of lost federal funding based on federal guidance or grant
requirements directly as a result of implementing this section 7.06; and
7.06(d)(III) The school district
or charter school posts on its website in a conspicuous place a statement
regarding its decision not to comply with this section 7.06.
7.06(e) Student possession, use,
distribution, or sale or being under the influence of a cannabinoid product
inconsistent with this section 7.06 is not permitted.
7.06(f) Notwithstanding the provision of
section 22-33-106(1)(d)(II)
C.R.S., a school district or charter school
may not discipline a student who holds a valid recommendation for medical
marijuana solely because the student requires medical marijuana in a
nonsmokeable form as authorized by
22-1-119.3, C.R.S.
7.06(g) A school district or charter school
may not deny eligibility to attend school to a student who holds a valid
recommendation for medical marijuana solely because the student requires
medical marijuana in a nonsmokeable form as authorized by
22-1-119.3,
C.R.S.
Notes
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