Boards to approve medicinal cannabis policies
Kentucky School Advocate
June 2024
By Katrina Kinman
KSBA Director of Policy and eMeeting Services
With the General Assembly’s passage of House Bill 829, which expands the acceptable use of medicinal cannabis, districts are now tasked with considering whether to prohibit or permit administration of such medications to students.
What will boards be deciding regarding medicinal cannabis?
All school boards will be required to enact a student medicinal cannabis policy. They will ultimately be deciding whether that policy permits the administration of medicinal cannabis to students on school property or outright prohibits it.
Can this policy vary school to school, or student to student?
No. The policy is districtwide, and the board can only elect one of two options: permit or prohibit the administration of medicinal cannabis products to students with prescriptions.
If my district chooses to permit such medications, who can administer them?
HB 829 permits school nurses or approved school staff to administer the medications. In addition, parents/guardians of the student, if they so choose, must be allowed to administer medication while being supervised by school nurses, designated administrators or approved school staff.
So, if my district approves a policy permitting medicinal cannabis for students, staff will be required to administer and/or supervise administration of the medication?
The statute requires districts to allow school nurses or approved school staff who might otherwise be responsible for administering/supervising administration of the medication to opt out. Using a form created by KSBA and provided to districts to make available to staff, those who do not wish to take part in administration/supervision of these medications can choose not to participate. In other words, no employees will be required to take part.
When adopting a policy that either allows for or prohibits the administration of medicinal cannabis to students, what factors should our district consider?
One proactive step you can take as a district before making a final decision is to have your superintendent collaborate with his/her counterparts in nearby districts – especially contiguous districts and independent/county systems. There is value in sharing information, and it is quite common to see consistency in policy across a region.
With policy decisions that may be perceived as controversial, transparency is important. As part of your district’s review and adoption of policies, consider which proposed policies may merit more in-depth conversations in public settings. Boards have until Dec. 1 to enact a medicinal cannabis policy, so districts should have time to conduct adequate research and outreach, and to solicit input, before making a final decision.
And, as always, consult first and foremost with your school board attorney. Reach out to your district’s designated KSBA policy consultant with questions. Also use guidance issued by the Kentucky Department of Education.
Policy reference: 09.2242. Procedure reference: 09.2242 AP.2