• Blog
  • Wong & Boscarine LLC
  The Law Office of Lillian E. Wong

Special education Law Blog

Can Teachers Talk To My Child About ADD/ADHD Medication?

1/14/2011

8 Comments

 
Picture
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,
I just ran across this, and wondered if this applies to all states, or just MA? I live in UT and my son (who we are in therapy with for anxiety)'s kindergarten teacher keeps asking him in front of his classmates if he's on medication.
I feel like she's very much out of bounds for asking him that in front of his classmates, and she's not doing it in a caring way; she's been trying to get us to put him on ADD/ADHD meds when he does NOT have ADHD - he has been diagnosed by an actual doctor/psychiatrist with anxiety. >=(

Reply
Lillian E. Wong, Esq.
1/13/2016 12:19:40 pm

Yes, FERPA is a federal law so it applies to all states.

Reply
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

Reply
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.

Reply
Lillian Wong link
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.

Reply
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 ?

Reply
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???

Reply
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.

Reply

Your comment will be posted after it is approved.


Leave a Reply.

      Receive Blog Updates

    Subscribe
    Disclaimer
    Tweets by @lillianwongesq

    Categories

    All
    504
    Attorney
    Autism
    Behavior
    Bsea
    Child Find
    Compensatory Education
    Complaint
    Confidentiality
    Disability
    Discipline
    Discrimination
    Due Process
    Early Intervention
    Eligibility
    Evaluation
    Fape
    Ferpa
    Funding
    Goals
    Idea
    Iep
    Legislation
    Media
    Mediation
    Observation
    Parent Resources
    Parent Rights
    Placement
    Q&A
    Related Service
    School Choice
    Stay Put
    Teacher
    Transfer
    Transition
    Transportation


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)

)
The Law Office of Lillian E. Wong, LLC
15 Morningside Drive
Topsfield, MA 01983
978-561-9001 (P)
978-561-1591 (F)
lwong@lillianwongesq.com

  © 2018  by The Law Office of Lillian E. Wong LLC, all rights reserved.
Disclaimer
Photos used under Creative Commons from BLW Photography, Nomadic Lass, Andy M Taylor, christiaan_008, woodleywonderworks
  • Blog
  • Wong & Boscarine LLC