---
kind: "section"
citation: "20 U.S.C. § 7101"
title: "20"
title_heading: "Education"
number: "7101"
heading: "General provisions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/20/7101"
units:
  - "Chapter 70 — Strengthening and Improvement of Elementary and Secondary Schools"
  - "Subchapter IV — 21st Century Schools"
  - "Part A — Student Support and Academic Enrichment Grants"
---

# §7101. General provisions

- (a) **Parental consent—**
  - (1) **In general—**
    - (A) **Informed written consent—** A [State](/usc/20/7171.md?p=b-6), [local educational agency](/usc/20/7801.md?p=30-A), or other entity receiving funds under this subchapter shall obtain prior written, informed consent from the [parent](/usc/20/7801.md?p=38) of each [child](/usc/20/7801.md?p=3) who is under 18 years of age to participate in any mental-health assessment or service that is funded under this subchapter and conducted in connection with an [elementary school](/usc/20/7801.md?p=19) or [secondary school](/usc/20/7801.md?p=45) under this subchapter.
    - (B) **Contents—** Before obtaining the consent described in [subparagraph (A)](#a-1-A), the entity shall provide the [parent](/usc/20/7801.md?p=38) written notice describing in detail such mental health assessment or service, including the purpose for such assessment or service, the provider of such assessment or service, when such assessment or service will begin, and how long such assessment or service may last.
    - (C) **Limitation—** The informed written consent required under this paragraph shall not be a waiver of any rights or protections under [section 1232g of this title](/usc/20/1232g.md).
  - (2) **Exception—** Notwithstanding [paragraph (1)(A)](#a-1-A), the written, informed consent described in such paragraph shall not be required in—
    - (A) an emergency, where it is necessary to protect the immediate health and safety of the [child](/usc/20/7801.md?p=3), other children, or entity personnel; or
    - (B) other instances in which an entity actively seeks parental consent but such consent cannot be reasonably obtained, as determined by the [State](/usc/20/7171.md?p=b-6) or [local educational agency](/usc/20/7801.md?p=30-A), including in the case of—
      - (i) a [child](/usc/20/7801.md?p=3) whose [parent](/usc/20/7801.md?p=38) has not responded to the notice described in [paragraph (1)(B)](#a-1-B); or
      - (ii) a [child](/usc/20/7801.md?p=3) who has attained 14 years of age and is an unaccompanied youth, as defined in [section 11434a of title 42](/usc/42/11434a.md).
- (b) **Prohibited use of funds—** No funds under this subchapter may be used for medical services or drug treatment or rehabilitation, except for integrated student supports, [specialized instructional support services](/usc/20/7801.md?p=47-B), or referral to treatment for impacted students, which may include students who are victims of, or witnesses to, crime or who illegally use drugs.
- (c) **Prohibition on mandatory medication—** No [child](/usc/20/7801.md?p=3) shall be required to obtain a prescription for a controlled substance, as defined in [section 802 of title 21](/usc/21/802.md) as a condition of—
  - (1) receiving an evaluation or other service described under this subchapter; or
  - (2) attending a school receiving assistance under this subchapter.

## Source credit

(Pub. L. 89–10, title IV, § 4001, as added Pub. L. 114–95, title IV, § 4002, Dec. 10, 2015, 129 Stat. 1967.)

## Notes

### Editorial Notes

### Prior Provisions

A prior section 7101, Pub. L. 89–10, title IV, § 4001, as added Pub. L. 107–110, title IV, § 401, Jan. 8, 2002, 115 Stat. 1734, provided that this part could be cited as the “Safe and Drug-Free Schools and Communities Act”, prior to repeal by Pub. L. 114–95, § 5, title IV, § 4002, Dec. 10, 2015, 129 Stat. 1806, 1967, effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs.

Another prior section 7101, Pub. L. 89–10, title IV, § 4001, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3672, set forth short title of subchapter as the “Safe and Drug-Free Schools and Communities Act of 1994”, prior to the general amendment of this subchapter by Pub. L. 107–110.

A prior section 4001 of Pub. L. 89–10 was classified to section 3041 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382.

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301 of this title.