The Law Office of Lillian E. Wong
A Massachusetts Special Education Attorney

 

Education Law and ADD/ADHD Medication

10/18/2010

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Can Teachers Require Me to Put My Child on ADD/ADHD Medication?

No.  Teachers and school administration cannot require you to put your child on prescription medication.   34 CFR 300.174 (a).  Medication can never be a condition of attending school.  Medication can never be a condition of receiving special education evaluations, services or accommodations.



Can Teachers Talk to Me About ADD/ADHD Medication?

Yes.  The law explicitly allows teachers and school personnel to share their observations about your child's classroom behavior and performance.   34 CFR 300.174 (b). If a teacher believes your child exhibits signs of ADD/ADHD, it is permissible for the teacher to communicate that to you.   Similarly, if your child's teacher notices that your child's behavior and attention is worse at the end of the day, they can share that information with you. 

Can The School Refuse to Administer ADD/ADHD Medication?

No.  If your child needs to take medication during the school day to participate effectively in his educational program, then the school is required by law to administer that medication.

If you have questions about your ADD/ADHD child's education rights, contact  Massachusetts North Shore special education lawyer Lillian E. Wong.

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Q & A: Is it Legal to Only Provide My Son a Two Hour School Day?

10/15/2010

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This question was originally posted on www.avvo.com.

The Question:
My son who is 8 has autism he is in special needs class on a military base. We just moved to a new place and he has gone to school for several years now. However this new school only has him going 2 hours a day. At first I agreed to do this for a few weeks to get him used to the school but its been a few months now and I think they are doing it to convenience themselves. I think he needs to go all day like the other kids. Is this even legal? Only keeping him for 2 hours?

My Response:

The law requires public schools to provide your son a Free Appropriate Public Education (FAPE). Going to school for only two hours per day is not appropriate for most children and might  not address your son's educational needs. Does your son's current IEP say that he requires a shorter school day? If not, the school is not implementing the IEP. If the IEP does provide for a shorter day and you think this is not what your son needs, you need to request an IEP Amendment.

I would strongly recommend that you speak with an attorney at a special education law firm. You can find one at www.copaa.org.
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President Obama Signs Rosa's Law

10/06/2010

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Yesterday, President Obama signed legislation, known as Rosa's Law, into law.  Under this new law, federal legislation will no longer use the term mentally retardation.   Instead, federal law will use the term "intellectual disability."  Similarly, laws containing the term "a mentally retarded individual" will be replaced to read, "an individual with an intellectual disability."

This changes specifically applies to the Individuals with Disabilities Education Act, the law governing special education law.  If your child's IEP describes your child as "mentally retarded" you now have the right to request the school change this reference to "an individual with an intellectual disability."
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Q & A: School Won't Allow My Diabetic Daughter To Go On Field Trips Without Me Attending

10/04/2010

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This question was originally posted on www.avvo.com

Question:

My daughter is in public school and is a diabetic.  At the moment, the school nurse is insisting, and has had added to my daughter's health plan that a parent is required to escort her on all field trips. I thought the public school is supposed to make reasonable accommodations for persons with disability. So what if we can't go? Isn't discrimination if they leave her behind? I have every intention of hashing this out with them, however I'm just weighing my options in case they won't budge.

My Answer:

Yes, it does sound like the school in violation of Section 504 of the American's with Disabilities Act (ADA). It is discrimination to preclude an otherwise qualified individual with a disability the opportunity to participate in or benefit from an aid, benefit, or service that is not equal to that afforded others. 34 CFR 104.4 (b)(1)(ii).

I would recommend speaking contacting a special education attorney. You can find a list of special education lawyers in your area at www.copaa.org.

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