'Ritalin' measure passes House

A "parental rights" bill that would make teachers and school administrators get a parent's approval before their child can be tested, assessed or advised on mental or behavioral problems passed the Utah House on Monday.

Some called HB42 Ritalin II, because it brought back a heated debate held in the Legislature several years ago.

Rep. Mike Morley, R-Spanish Fork, said while some believe State Board of Education internal rules now adequately control the controversial issue of troubled children being counseled in public schools, "I believe there is a loophole."

Morley said that the rules say school officials can't require a child take a specific drug or face being kicked out of a school. But officials can still say, "you better be on something" or face some disciplinary action.

Several current or former teachers in the 75-member House tried to amend the bill, but conservative members fought back each attempt.

Rep. Kory Holdaway, R-Taylorsville, a teacher, said that HB42 as written wouldn't even allow a teacher to fill out a behavioral form — one requested by his bosses — without getting consent from a parent or guardian. "Let us do our jobs," he complained.

Rep. Steve Mascaro, R-West Jordan, said his wife has been teaching for 25 years. A number of teachers are afraid to even mention disciplinary problems to parents for fear of some kind of retribution.

"This bill is very confusing and will only tie the hands of educators," he said.

Retired teacher Rep. Carol Spackman Moss, D-Holladay, complained that Morley's bill said no "psychotropic" drugs could be discussed with parents as a condition of the disruptive student staying in school. The term "psychotropic" is pejorative in and of itself, she said.

"You are putting fear into teachers," said Moss. "They are afraid to say anything to a parent about a kid. But teachers want what's best for kids; this bill stifles communication about mental health with kids."

But Rep. Margaret Dayton, R-Orem, said it's appropriate that the Legislature step up behind parental rights in relation to their child's school actions. She warned that the federal No Child Left Behind act is even pushing mental health clinics into schools, which she said is just not right.

The bill passed 41-32.

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