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

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[quote=Anonymous][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.
 
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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]

I disagree.  It is quite on point, although doesn't use the exact situation in OP's initial post (i.e. can the school "require me to disclose").  It's quite clear that this section arose from problems that parents experienced with schools getting involved in the medication decision and that Congress decided to put a stop to that.  Perhaps they didn't legislate every linquistic variation of possible ways of this, but the intent seems clear to me -- schools should stay out of decisions to medicate.  See the10/22/07 response to the Inhofe letter to DoE, which says in part, "In your letter, you indicate that it was brought to your attention that “there were some cases where schools were acting as physicians or psychologists by strongly suggesting that children with behavioral problems be put immediately on some form of psychotropic drugs.”

I agree if the OP wants specific legal advice to file some kind of complaint, she should seek an attorney and perhaps that asking her if he's on any meds may not by itself rise to something that is litigable.  OP isn't asking if she has a legal case, she's asking if she can be required to disclose medication.

But the language and the statute should be enough to reassure her that inquiries about medication are out of line, and she is certainly not obliged to respond to them and the school certainly can't retaliate or deny access to a program or help if she refuses to disclose or if she refuses to medicate.  (To do so would amount to forcing her to medicate for access to services which IS explicitly prohibited by statute.)

Whatever she's said is already out there, so the damage from that is done, but she certainly should not feel obligated in the future to share with anyone.  And, if she doesn't want to share, she should practice some neutral non-response like, "wow, that's a pretty personal question, why do you ask?" followed by, "oh, we really just share our medication issues with our physician, since he's the only one qualified to prescribe and adjust medications, but if you have some input on how our son is functioning in the classroom, I'm always open to hearing about that..." etc.

Again, it's a different issue whether it's helpful to disclose. It can be helpful as other PPs attest, or it can be damaging, and that depends on the specific facts in her case.  Only she can choose.

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