In 1999, the Colorado State Board of Education passed a precedent-setting Resolution that asked school personnel to use academic rather than drug solutions to resolve problems with behavior, attention and learning. Since then, state legislatures, school boards and national organizations have responded to the need to protect children from arbitrary and forced psychiatric labeling and drugging, and to monitor the prescription rate of stimulants and other psychiatric drugs for children.

In 2001, two precedent-setting laws were passed in Connecticut and Minnesota that prevent school personnel from coercing or recommending that parents drug their children, especially as a requisite for remaining in class. Laws have also been necessary to protect parents against criminal charges being threatened or laid if they refuse to put their child on a mind-altering psychiatric drug.

1999: The Colorado State Board of Education resolution stated, "There are documented incidents of highly negative consequences in which psychiatric prescription drugs have been utilized for what are essentially problems of discipline which may be related to lack of academic success; and be it resolved that the State Board of Education encourage school personnel to use proven academic and/or classroom management solutions to resolve behavior, attention, and learning difficulties..."

2000: The Texas State Board of Education Resolution recommended, "that programs such as tutoring, vision testing, phonics, nutritional guidance, medical examinations, allergy testing, standard disciplinary procedures, and other remedies known to be effective and harmless, be recommended to parents as their options..."

2001: Four laws were passed in the states of Connecticut, Minnesota, North Carolina and Utah, and the Hawaii legislature passed a Resolution. The Connecticut law prohibited school personnel from recommending the use of psychotropic drugs for any child.

2002: Illinois and Virginia passed laws with similar protections provided in Connecticut's law. Illinois' law required school boards to adopt and implement policy prohibiting disciplinary action being taken against parents or guardians for refusing to administer, or consenting to administer, a psychotropic or stimulant drug. The law in Virginia directed the Board of Education to develop and implement policies prohibiting school personnel from recommending the use of psychotropic drugs for any student. The National Foundation of Women Legislators (NFWL) passed a resolution calling on the federal government to pass regulations or laws in relation to schools receiving federal funds that protect children from being wrongly diagnosed and stigmatized as mentally disordered and forced onto psychotropic drugs as a requirement of their education. The American Legislative Exchange Council (ALEC) also proposed two pieces of model legislation, one against schools coercing parents to drug their children (or recommending drugs) and the other against invasive psychological testing and questionnaires.

2003: A federal bill was introduced—HR 1170—which states that as a condition of receiving federal funds under any program or activity administered by the U.S. Secretary of Education, each state shall develop and implement policies and procedures prohibiting school personnel from requiring a child to obtain a prescription for substances covered by section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)) as a condition of attending school or receiving services. [Covers those psychotropic drugs which are generally subject to special provisions because of their potential for abuse and dependence. They are grouped into five "Schedules" based on their abuse potential. Schedule I means those drugs that have a high abuse potential and no accepted medical use in the United States such as heroin, LSD, and mescaline; Schedule II means those drugs with a medical use that have the highest potential for abuse or drug dependence such as Ritalin, Concerta (methylphenidate), Dexedrine, morphine and cocaine; Schedules III-V includes those drugs that have an accepted medical use and lower degrees of potential for abuse and dependence such as vicodin, valium and over-the-counter cough medicines with codeine.] HR 1170 was passed by the House, by an overwhelming margin of 425 votes to one, on May 21, 2003. It is now with the Senate Committee on Health, Education, Labor and Pensions.

An amendment was also added to House of Representatives Bill 1350, the "Improving Education Results for Children with Disabilities Act of 2003," that amends and reauthorizes the Individuals with Disabilities in Education Act. The amendment reads, "PROHIBITION ON PSYCHOTROPIC MEDICATION," and essentially uses similar wording to that in HR 1170, but covering special education. HR 1350 passed the House on April 30 and was received in the Senate and referred to the Committee on Health, Education, Labor, and Pensions May 1, 2003.

On a state level, fifteen states introduced 24 bills and/or resolutions in 2003. These were Alaska, California, Colorado, Hawaii, Indiana, Kentucky, Massachusetts, Michigan, New Hampshire, New York, North Carolina, Oregon, Texas, Vermont and West Virginia. Colorado enacted a law on June 5, 2003, requiring school boards to adopt a policy prohibiting school personnel from recommending or requiring the use of a psychotropic drug for any student.

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