 Background I recently wrote an article called Education Law and ADD/ADHD Medication. In that article, I addressed whether it was legal for schools to require ADD/ADHD medication, whether teachers could talk to parents about ADD/ADHD medication, and whether schools could refuse to administer ADD/ADHD medication. Read that article here. The Question After reading that article, readers had one remaining question - is it permissible for my child's teacher to talk to him or her about their medication? The Answer It depends on whether the conversation is private. If the teacher is asking your child about taking ADD/ADHD medication in front of other students or parents, the teacher is arguably violating the Federal Educational Rights and Privacy Act (FERPA). FERPA mandates that personal information, like what medication a student takes, may only be disclosed if there is a legitimate educational interest in the disclosure. FERPA also provides exceptions for disclosure in emergency situations. If the conversation is private, the teacher has acted appropriately. If you have questions about the rights of children with ADD/ADHD, contact the Boston area Law Office of Lillian E. Wong today.
8 Comments
Chante G.
1/13/2016 10:29:05 am
Lillian,
Lillian E. Wong, Esq.
1/13/2016 12:19:40 pm
Yes, FERPA is a federal law so it applies to all states.
Maria torres
2/4/2016 08:26:17 pm
Hi i have a son that is adhd.. The teacher is always askin my son if he took his medication. Is really makin me uncomfortable.. How can i aproach this matter.. I already talk to the principal
Miss Salli
3/28/2019 12:33:04 pm
Let them know you are worried about FERPA being violated. You have rights regarding asking your child if they have taken their medication. You can identify someone in the school (school nurse, counselor, etc.) to be the one to ask. It is sometimes easier to know how to deal with the child if they haven't taken their meds. But it only should be asked as a concern (knowing a student hasn't had access to meds lets me know I need teachers to be more patient and understanding with a student), asking to shame the child for not taking their meds should not be the reason for asking. 2/5/2016 12:27:27 pm
Raise the issue as a privacy concern. Request that the teacher or school nurse contact you if they have a question related to medication.
Kelley
5/17/2016 07:28:10 pm
So my son has adhd and is on adderral. My sons teacher pulled him aside (with others in ear shot) and asked him "so is your medication wearing off". This has got me very upset. Has she broken the federal law FERPA? And on other occasions she also has asked if he has taken it. What should I do ?
Jennifer
11/13/2017 09:26:44 pm
My son is ADHD and on adderall. One of his teachers has told the entire class to remind him to go take his medicine after lunch. Also she has told him that if he forgets to go and take it before coming back to classroom again then he will be punished...isnt this violating privacy laws???
Crystal
4/10/2019 12:19:47 pm
When I was in 2nd grade, my teacher pulled me into the hallway and asked if I took medication for ADHD. Being eight, I had no idea what that was and told her no. I wouldn't have minded if she didn't start babying me after the conversation. Your comment will be posted after it is approved.
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It is doubtful that any child may reasonably be expected to succeed in life if he is denied the opportunity of an education.
Brown v. Board of Education, 347 U.S. 483 (1954)
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Topsfield, MA 01983
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lwong@lillianwongesq.com
15 Morningside Drive
Topsfield, MA 01983
978-561-9001 (P)
978-561-1591 (F)
lwong@lillianwongesq.com
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