The School Insists We Medicate My Daughter!

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In This Issue ...


ISSN: 1538-320
March 28, 2017

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To medicate or not? Parents and school personnel have different answers to this question.

Can schools mandate medication for kids with disabilities?

Gurdy writes: Our principal gave us a deadline date for putting my child on medication.

School personnel can share their observations and suggest your child may need an evaluation for special ed or related services. Schools may not claim that your child needs to take medication as a condition of receiving a special ed evaluation and/or special ed services.

In this issue of the Special Ed Advocate you will learn about the prohibition on mandatory medication in IDEA. You will also learn that terminating a child’s eligibility for special education, because of effective medication, is a risky strategy.

We hope you will forward this issue to other friends, families, or colleagues.
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The School Insists We Medicate My Daughter

The Individuals with Disabilities Education Act expressly forbids school personnel from requiring a child to take meds.

Period.


 

Does Medication Make a Child Ineligible for an IEP?

Does effective medication disqualify a child from special education eligibility?

No. If a child takes medication, this does not disqualify the child from eligibility for special education services.


Wrightslaw: Special Education Law

 

What the Law Says

Prohibition on Mandatory Medication. 20 U.S.C 1412(a)(25).

Turn to page 84 in Wrightslaw: Special Education Law, 2nd Edition

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FAPE May Require a Skilled Nurse

In Garret F. v. Cedar Rapids (1999), the U. S. Supreme Court rejected the "financial burden" argument and ruled that schools must provide related services if these services are necessary for the child to attend school.

 

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