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Kids With Special Needs and Disabilities
Reply to "Is it required to disclose medication usage to public school?"
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[quote=Anonymous]Hi OP -- Please see the DOE's website on IDEA -- idea.ed.gov The more specific link is here http://idea.ed.gov/explore/view/p/,root,regs,300,B,300%252E174, For the Code of Federal Regulation 34 CFR 300.174 Sec. 300.174 Prohibition on mandatory medication. (a) General. The SEA must prohibit State and LEA personnel from requiring parents to obtain a prescription for substances identified under schedules I, II, III, IV, or V in section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)) for a child as a condition of attending school, receiving an evaluation under Sec. Sec. 300.300 through 300.311, or receiving services under this part. (b) Rule of construction. Nothing in paragraph (a) of this section shall be construed to create a Federal prohibition against teachers and other school personnel consulting or sharing classroom-based observations with parents or guardians regarding a student's academic and functional performance, or behavior in the classroom or school, or regarding the need for evaluation for special education or related services under Sec. 300.111 (related to child find). (Authority: 20 U.S.C. 1412(a)(25)) Notice that the provision is written so it applies to certain classes of medication -- not diagnoses. It covers all prescription drugs. Your child can't be forced to take a prescription drug as a condition of attendance, evaluation or receiving services. While the provision doesn't technically prohibits a school from asking about medications, it pretty much implies that they shouldn't (because as soon as they start asking, they run the risk of someone saying that felt pressured or required to medicate as a result of the conversation). And it only goes so far as to clarify that the prohibition doesn't prevent teachers from providing information about function and academic behavior, but not so far as to say schools can ask about but not require meds. PPs who say that teachers should be involved in suggesting meds or suggesting alterations to meds are smoking crack. Teachers are not doctors. Besides the fact that it seems to run counter to the intent of the federal provision, it probably also exposes the individual teacher and the school system to some kind of liability if med changes are suggested and something goes wrong. No one can require you to disclose any meds your child is taking for school; it's a matter between you and your doctor and whomever you wish to disclose to. Other PPs have argued that it is wise to do so in case of medical emergency or because the school will be better able to help your child. Those are arguable either way and depend largely on specific facts of any particular situation. Honestly, if it were me, I probably wouldn't disclose because I think that when teachers know about meds they focus too much on it. Plus, I don't think there's any school personnel who is qualified to offer any opinion on meds (even the psychologist is not qualified to offer opinions on meds). They are qualified to note changes in behavior and should be doing so on a regular systematic basis even without knowing about meds. [/quote]
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