Reply to Is it required to disclose medication usage to public school?

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[quote=Anonymous][quote]

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.
 
[/quote]

I don't view this section as on-point to the question OP asked.  It doesn't prohibit the school from asking about whether the parent has elected to have the child on medications, it simply says the school can't require the child to take them.  The OP really needs to consult with an attorney specializing in this area if what she is looking for is legal advice on this issue - although since she already answered the question, albeit unhappily, it is not entirely clear to me what would be gained.[/quote]

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