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

 
 
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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.

 


Comments

Koofka
10/26/2010 11:30

Lillian,

Thanks for the information in this post. If I could, a fourth question for this listing: Can Teachers talk to my Child about ADD/ADHD Medication? It would seem this would be out of bounds just based on general principles, but so far I was unable to track down a reference based on the statute you cited.

Best,
Koof

Reply
Kristin
01/12/2011 11:27

I was wondering exactly what the 4th question is. My son's teacher has approached him several times about whether he's taking his meds or not and I don't like it at all. Just wondering if there was anything I could do about it, as talking to her has done nothing.

Reply
Lillian Wong
02/24/2011 11:28

Thanks for the question, please find my answer here: http://www.lillianwongesq.com/1/post/2011/01/can-teachers-talk-to-my-child-about-addadhd-medication.html

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