22-1-119.3. Policy for student possession and administration of prescription medication - rules - definitions.

Statute text

(1) A school district board of education shall adopt and implement a policy whereby, except as described in subsection (3) of this section, a student enrolled in a school of the school district may possess and self-administer on school grounds, upon a school bus, or at any school-sponsored event any medication that is prescribed by a licensed health-care practitioner to be used by the student and shall adopt and implement a policy consistent with subsections (3)(c), (3)(d), and (3)(d.5) of this section.

(2) (a) If a school district board of education adopts and implements a policy described by subsection (1) of this section, a parent or legal guardian of a student who is enrolled in a school of the school district and for whom medication is prescribed by a licensed health-care practitioner shall notify the school's administration of the student's medical needs and of the fact that the student may be in possession of his or her prescribed medications as described in subsection (1) of this section. The notification, when appropriate, shall include the treatment plan that has been devised for the student by a licensed health-care practitioner.

(b) If a school's administration receives notice from a student's parent or legal guardian that the student may be in possession of his or her prescribed medications, the school's administration shall ensure that such notice is provided to the student's teachers and the school nurse or other person who is designated to provide health services to students at the school.

(c) Nothing in this section shall be construed to limit the ability of a public school to require a parent or legal guardian of a student who has medication prescribed for a life-threatening condition to provide to the school a sufficient supply of the medication to be stored at the school to be administered to the student in the event of a health emergency.

(3) (a) A policy adopted by a school district board of education pursuant to subsection (1) of this section must include but need not be limited to:

(I) A process by which a school may restrict a student from possessing and self-administering on school grounds, on a school bus, or at a school-sponsored event a medication that is prescribed by a licensed health-care practitioner to be used by the student. The process must require the school administration to make a determination as to whether a student's possession or self-administration of the medication poses a significant risk of harm to the student or to other students.

(II) A requirement that if a student has medication prescribed for a life-threatening condition, a sufficient supply of the medication is provided to the school by the student's parent or legal guardian, stored safely at the school, and kept readily available to be administered to the student in a timely fashion in the event of a health emergency; and

(III) Processes 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 section, 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 health-care practitioner.

(b) A student who possesses a prescribed medication on school grounds, upon a school bus, or at a school-sponsored event in accordance with a policy adopted by a school district pursuant to this section may possess only enough of his or her prescribed medication to render a sufficient dosage to the student to adequately treat the student's condition for a single day or for the duration of the event, whichever is appropriate; except that this provision shall not apply to a student who requires and possesses an insulin pump or other medical device that delivers dosages of prescribed medication to the student over a period of time that exceeds a single day or the duration of the event.

(c) A student shall not possess or self-administer medical marijuana on school grounds, upon a school bus, or at any school-sponsored event, except as provided for in paragraph (d) of this subsection (3).

(d) (I) 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 or volunteer shall not administer the nonsmokeable medical marijuana in a manner that creates disruption to the educational environment or causes exposure to other students.

(II) Nothing in this section requires the school district staff to administer medical marijuana.

(III) A school district board of education or charter school may adopt policies regarding who may act as a primary caregiver pursuant to this paragraph (d) 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.

(IV) This subsection (3)(d) does not apply to a school district or charter school if:

(A) The school district or charter school loses or will lose federal funding as a result of implementing this subsection (3)(d);

(B) 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 subsection (3)(d); and

(C) The school district or charter school posts on its website in a conspicuous place a statement regarding its decision not to comply with this paragraph (d).

(V) Student possession, use, distribution, or sale or being under the influence of a cannabinoid product inconsistent with this paragraph (d) is not permitted.

(VI) This paragraph (d) shall be known as "Jack's Law".

(d.5) (I) Medical marijuana in a nonsmokeable form shall be administered at a school pursuant to this subsection (3)(d.5) according to a written plan for the administration of medical marijuana in a nonsmokeable form that is agreed to and signed by the school principal or his or her designee and a parent or legal guardian that is consistent with the school board's adopted policy required by subsection (3)(a)(III) of this section and the instructions or plan for administration from one of the student's recommending physicians, including dosing, timing, and delivery route instruction.

(II) Prior to the administration of medical marijuana in a nonsmokeable form at school, the student's parent or legal guardian shall complete and submit to the school the documentation required by rule of the state board of education, including but not limited to:

(A) A written medical marijuana recommendation that includes the signature of one of the recommending physicians and the purpose, recommended dosage, frequency, and length of time between dosages of the medical marijuana in a nonsmokeable form to be administered; and

(B) A written statement from the student's parent or legal guardian releasing the school, and employees and volunteers of the school, from liability, except in cases of willful or wanton conduct or disregard of the criteria of the treatment plan.

(III) (A) Subject to the requirements specified in subsections (3)(d.5)(I) and (3)(d.5)(II) of this section, school personnel 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. The school personnel shall not administer the nonsmokeable medical marijuana in a manner that creates disruption to the educational environment or causes exposure to other students. If a student who is subject to the provisions of this subsection (3)(d.5) takes a school trip outside of the state of Colorado or participates in a school activity outside of the state of Colorado, the provisions of this subsection (3)(d.5) do not apply for the time during which the student is engaged in the trip or activity outside of the state of Colorado.

(B) Nothing in this subsection (3)(d.5) requires any school personnel to administer medical marijuana.

(C) It is an exception from the state's criminal laws for school personnel to possess and administer medical marijuana in a nonsmokeable form in compliance with this subsection (3)(d.5) to a student who holds a valid recommendation for medical marijuana, except as otherwise provided in section 18-18-406.3.

(D) A school district board of education or a school administration shall not discipline or retaliate against any school personnel who volunteers to possess, administer, or assist in the administration of medical marijuana in a nonsmokeable form pursuant to the instructions or plan for administration from one of the student's recommending physicians, including dosing, timing, and delivery route instruction.

(IV) A school may adopt policies regarding 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.

(V) This subsection (3)(d.5) does not apply to a school if:

(A) The school loses or will lose federal funding as a result of implementing this subsection (3)(d.5);

(B) The 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 subsection (3)(d.5); and

(C) The school posts on its website in a conspicuous place a statement regarding its decision not to comply with this subsection (3)(d.5).

(VI) Student possession, use, distribution, or sale, or a student being under the influence, of a cannabinoid product inconsistent with this subsection (3)(d.5) is not permitted.

(VII) The student's parent, guardian, or designee shall deliver the student's medical marijuana in a nonsmokeable form, in a container that contains clearly labeled instructions or the plan for administration must clearly specify instructions for the dosing, timing, and delivery route instructions from one of the student's recommending physicians, to the volunteer or school personnel designated by the school as the person who secures the medical marijuana before the student attends school for the school day. The volunteer or school personnel shall administer the medical marijuana pursuant to the instructions or plan for administration from one of the student's recommending physicians, including dosing, timing, and delivery route instruction. The volunteer or school personnel who secures the medical marijuana in a nonsmokeable form shall place the medical marijuana in a locked storage container that does not significantly delay access to or the administration of the medical marijuana in a nonsmokeable form in a medical emergency. The person who secures the medical marijuana in a nonsmokeable form may return any unused medical marijuana to the student's parent, guardian, or designee at the end of each school day, or, if allowed by the treatment plan, the medical marijuana in a nonsmokeable form may be kept on school grounds overnight in a locked storage container.

(VIII) Neither this section nor any other state or federal law, including without limitation the "Individuals with Disabilities Education Act", 20 U.S.C. sec. 1400 et seq., as amended, and section 504 of the "Rehabilitation Act of 1973", 29 U.S.C. sec. 794, as amended, may be used to require a school or any employee or volunteer thereof to store medical marijuana on the grounds of a school, school bus, or school-sponsored event or to administer medical marijuana.

(IX) For purposes of this subsection (3)(d.5), "school personnel" means school personnel designated by agreement between the principal or his or her designee and a parent or legal guardian, including any school personnel acting as a volunteer pursuant to subsection (3)(d)(I) of this section.

(e) Notwithstanding the provisions of section 22-33-106 (1)(d)(II), 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 a reasonable accommodation necessary for the child to attend school.

(f) 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 a reasonable accommodation necessary for the child to attend school.

(4) The state board of education may promulgate rules for the implementation of this section.

(5) A school district board of education that adopts a policy pursuant to subsection (1) of this section shall be exempt from rules promulgated by the state board of education pursuant to the "Colorado Schoolchildren's Asthma, Food Allergy, and Anaphylaxis Health Management Act", section 22-1-119.5.

(6) For purposes of this section, "medication" and "medical marijuana" do not include a physical, behavioral, psychological, verbal, or any other nontangible therapy course of treatment.

(7) Nothing in this section requires school personnel to 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. A school may not require school personnel to possess, administer, or assist in the administration of medical marijuana in a nonsmokeable form against their will, nor may a school discipline school personnel for refusing to possess, administer, or assist in the administration of medical marijuana under this section.

(8) This section does not apply to a private or nonpublic school.

(9) A school located on federal land is exempt from the provisions of this section related to the administration of medical marijuana if the federal government prohibits the administration of medical marijuana at a school located on federal land.

(10) The department of education shall not subject any person licensed pursuant to article 60.5 of this title 22 to any disciplinary action related to the possession, administration, or assistance in the administration of cannabis-based medicine as allowed by this section.

(11) A school, school district, school district director, school or school district employee, or volunteer acting in good faith in accordance with the provisions of this section is immune from criminal prosecution and civil suit for such actions.

History

Source: L. 2011: Entire section added, (SB 11-012), ch. 62, p. 161, 2, effective March 25. L. 2015: (3)(c) amended, (SB 15-014), ch. 199, p. 688, 9, effective May 18. L. 2016: (3)(c) amended and (3)(d), (3)(e), and (3)(f) added, (HB 16-1373), ch. 232, p. 935, 1, effective June 6. L. 2018: (3)(d.5) added, (HB 18-1286), ch. 365, p. 2187, 1, effective June 4. L. 2021: (1), (3)(a), (3)(d)(I), IP(3)(d)(IV), (3)(d)(IV)(A), (3)(d)(IV)(B), (3)(d.5)(I), (3)(d.5)(III)(B), (3)(d.5)(IV), (3)(d.5)(V)(A), (3)(d.5)(V)(B), (3)(d.5)(VII), and (3)(d.5)(IX) amended and (3)(d.5)(III)(D) and (6) to (11) added, (SB 21-056), ch. 96, p. 382, 2, effective September 7.

Annotations

Cross references: For the legislative declaration in SB 15-014, see section 1 of chapter 199, Session Laws of Colorado 2015. For the legislative declaration in SB 21-056, see section 1 of chapter 96, Session Laws of Colorado 2021.