The General Assembly passed a number of key new laws impacting school districts in its lame-duck session to round out 2024. OSBA will continue to push out information on these provisions and changes districts will need to make in the coming weeks and months. Two of these bills impact the administration of medication to students in schools and may require your district to update its policies and educate staff on the new language.
Under House Bill (HB) 70, which will be effective March 29, 2025, districts will be required to adopt a policy on the authority of its employees to administer over-the-counter drugs to students. The policy must provide for (1) whether any employees will have the authority to administer these medications to students and (2) whether the permission of a parent or guardian will be required before a district or school employee may administer an over-the-counter drug to a student. HB 70 does not further restrict how districts should construct their policies in answer to these questions—it merely requires that they be addressed by policy.
The legislature also enacted HB 206, which included a provision related to medication and students with seizure disorders. This bill, effective April 8, 2025, requires that students with seizure disorders be permitted to possess seizure medications to prevent the onset of a seizure or to alleviate the symptoms of a seizure at school if certain conditions are met. These conditions include the written approval of both the student’s physician and the student’s parent or guardian if they are a minor. The written approval must contain certain information, including the child’s name, the name of the drug, information about how the drug is to be administered and under what circumstances, information about severe reactions that may occur and what to do if they occur, emergency contact information and any other special instructions needed. Certain staff continue to be permitted to also administer seizure medication as needed if they are provided a copy of the physician's written approval and they’ve received the appropriate training.
Districts should be aware that there are other provisions of law that may intersect with these new requirements. We encourage districts to work with legal counsel and their policy providers to ensure that their policies and practices comply with these and all new legal requirements. Members are welcome to contact OSBA’s division of legal services at (855) 672-2529.