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

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

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[quote=Anonymous][quote=Anonymous][quote]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.”[/quote]

The statute says they can't require her to medicate the child, tell her to medicate the child, or advise her to medicate the child.  They haven't done either of those things. They're asking her to tell them what she and her family decided in this regard.  Schools make this request every time they give you a form from the nurse's office to fill out that asks you to list your child's medications.  They also didn't tell her that she was legally obligated to answer the question (although from the post they certainly implied she was not being a team player).  They're not threatening to withhold anything from her if she doesn't answer.  Although you can certainly raise a legal argument based on the statutory section, it doesn't answer the question of whether the school did anything legally inappropriate by making the inquiry, which OP claims was one of two components of her inquiry here.  There is a 2007 Washington District Court case that held that a behavior plan that stated that a student was required to take a prescription medication at school that he had already been prescribed and was taking at home did not violate section 1412(a)(25) because it wasn't requiring him to "obtain a prescrption."  While I don't agree with that decision, I don't think it is at all clear that the statute provides that it is legally inappropriate to inquire what the parents themselves have already decided.
I agree that she should practice a more neutral non-responsive response if she doesn't want to answer in the future.   [/quote]

Interesting, can you provide full cite or link to this case? [/quote]

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