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need advise on how to deal with school
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<blockquote data-quote="slsh" data-source="post: 333021" data-attributes="member: 8"><p>First off - they're not doctors. They are completely unqualified to make this determination. </p><p> </p><p>Secondly, IDEA pretty much prohibits them from requiring your child to be medicated.</p><p> </p><p>IDEA Amendments of 2004</p><p><strong>sec 612(a)(25) Prohibition on mandatory medication.--</strong> </p><p>(A) In general.--The State educational agency shall prohibit State and local educational agency </p><p>personnel from requiring a child to obtain a prescription for a substance covered by the Controlled </p><p>Substances Act (21 U.S.C. 801 et seq.) as a condition of attending school, receiving an evaluation under </p><p>subsection (a) or (c) of section 614, or receiving services under this title. </p><p>(B) Rule of construction.--Nothing in subparagraph (A) shall be construed to create a Federal prohibition </p><p>against teachers and other school personnel consulting or sharing classroom-based observations with parents or </p><p>guardians regarding a student's academic and functional performance, or behavior in the classroom or school, or </p><p>regarding the need for evaluation for special education or related services under paragraph (3). </p><p> </p><p>Also, OSEP has specifically addressed the medication issue.</p><p> </p><p>"The U.S. Department of Education recognizes that stimulant medication, </p><p>prescribed under the supervision of a physician, maybe one method of effective </p><p>treatment of the characteristics of attention deficit hyperactivity disorder. </p><p>This is fully consistent with the recommendations of a November 1998 National </p><p>Institutes of Health Consensus Development Conference Statement on diagnosis and </p><p>treatment of ADHD. <u>It is important to reinforce that the decision to prescribe </u></p><p><u>any medication is the responsibility of medical, not educational professionals, </u></p><p><u>after consultation with the family and agreement on the most appropriate </u></p><p><u>treatment plan.</u>The use of stimulant medication and other proven diagnostic and </p><p>treatment practices were the topic of technical assistance products developed </p><p>several years ago by the U.S. Office of Special Education Programs. These </p><p>materials, designed for school personnel, have been widely distributed and are </p><p>currently available from the ERIC Clearinghouse on Disabilities and Gifted </p><p>Education, 1-800- 328-0272."</p><p> </p><p>The link to the whole letter is <strong><a href="http://www.autismnews.net/kucinich.pdf" target="_blank">here</a></strong>.</p><p> </p><p>Since your doctor made this decision, you're covered. However, just to cover yourself, I'd strongly recommend getting a letter from the doctor stating that he has discontinued the medications - send a copy to SD and ask that it be placed in your child's permanent educational file. You never know when an SD is going to start pulling nasty tricks.</p><p> </p><p>I tried to look thru NY State Special Education law but ... was having a hard time with- finding what I needed. I did find a law in IL that specifically prohibits disciplining a child because a parent won't medicate. </p><p> </p><p>"b) <strong>Each school board must adopt and implement a policy</strong> </p><p><strong>that prohibits any disciplinary action that is based totally</strong> </p><p><strong>or in part on the refusal of a student's parent or guardian</strong> </p><p><strong>to administer or consent to the administration of</strong> </p><p><strong>psychotropic or psychostimulant medication to the student.</strong> </p><p>The policy must require that, at least once every 2 </p><p>years, the in-service training of certified school personnel </p><p>and administrators include training on current best practices </p><p>regarding the identification and treatment of attention </p><p>deficit disorder and attention deficit hyperactivity </p><p>disorder, the application of non-aversive behavioral </p><p>interventions in the school environment, and the use of </p><p>psychotropic or psychostimulant medication for school-age </p><p>children." </p><p> </p><p>Generally speaking, IL is about as backwards as they come, so if we have a law like this I would hope that NY would as well. I am just failing miserably tonight at my researching! <img src="data:image/gif;base64,R0lGODlhAQABAIAAAAAAAP///yH5BAEAAAAALAAAAAABAAEAAAIBRAA7" class="smilie smilie--sprite smilie--sprite2" alt=";)" title="Wink ;)" loading="lazy" data-shortname=";)" /> </p><p> </p><p>It sounds like your SD may be disciplining him because he's not on medications - regardless, they *are* failing to provide FAPE if they're calling you frequently to pick him up because they cannot deal. Sounds like it's time for another IEP mtg. If current placement cannot handle him, SD needs to find a more appropriate one. If he is not in school at SD request, he's not learning and school is violating IDEA.</p><p> </p><p>Please keep details of all your communication with- the school. If you have a phone conversation, document and send it as a "letter of understanding" to the SD (certified letter, always). It sounds like it's time to get this well documented. I'd start off with- a letter confirming your understanding of the conversation with- whomever about the fact that they disagree with- your *physician's* decision to take him off medications (like they have any standing whatsoever) as well as the fact that they are not "staffed to deal with- his outbursts". That second part is huge. It's a staffing issue so it's their problem and they need to fix it.</p><p> </p><p>Probably time to look for a Special Education advocate, unfortunately.</p></blockquote><p></p>
[QUOTE="slsh, post: 333021, member: 8"] First off - they're not doctors. They are completely unqualified to make this determination. Secondly, IDEA pretty much prohibits them from requiring your child to be medicated. IDEA Amendments of 2004 [B]sec 612(a)(25) Prohibition on mandatory medication.--[/B] (A) In general.--The State educational agency shall prohibit State and local educational agency personnel from requiring a child to obtain a prescription for a substance covered by the Controlled Substances Act (21 U.S.C. 801 et seq.) as a condition of attending school, receiving an evaluation under subsection (a) or (c) of section 614, or receiving services under this title. (B) Rule of construction.--Nothing in subparagraph (A) shall be construed to create a Federal prohibition against teachers and other school personnel consulting or sharing classroom-based observations with parents or guardians regarding a student's academic and functional performance, or behavior in the classroom or school, or regarding the need for evaluation for special education or related services under paragraph (3). Also, OSEP has specifically addressed the medication issue. "The U.S. Department of Education recognizes that stimulant medication, prescribed under the supervision of a physician, maybe one method of effective treatment of the characteristics of attention deficit hyperactivity disorder. This is fully consistent with the recommendations of a November 1998 National Institutes of Health Consensus Development Conference Statement on diagnosis and treatment of ADHD. [U]It is important to reinforce that the decision to prescribe [/U] [U]any medication is the responsibility of medical, not educational professionals, [/U] [U]after consultation with the family and agreement on the most appropriate [/U] [U]treatment plan.[/U]The use of stimulant medication and other proven diagnostic and treatment practices were the topic of technical assistance products developed several years ago by the U.S. Office of Special Education Programs. These materials, designed for school personnel, have been widely distributed and are currently available from the ERIC Clearinghouse on Disabilities and Gifted Education, 1-800- 328-0272." The link to the whole letter is [B][URL="http://www.autismnews.net/kucinich.pdf"]here[/URL][/B]. Since your doctor made this decision, you're covered. However, just to cover yourself, I'd strongly recommend getting a letter from the doctor stating that he has discontinued the medications - send a copy to SD and ask that it be placed in your child's permanent educational file. You never know when an SD is going to start pulling nasty tricks. I tried to look thru NY State Special Education law but ... was having a hard time with- finding what I needed. I did find a law in IL that specifically prohibits disciplining a child because a parent won't medicate. "b) [B]Each school board must adopt and implement a policy[/B] [B]that prohibits any disciplinary action that is based totally[/B] [B]or in part on the refusal of a student's parent or guardian[/B] [B]to administer or consent to the administration of[/B] [B]psychotropic or psychostimulant medication to the student.[/B] The policy must require that, at least once every 2 years, the in-service training of certified school personnel and administrators include training on current best practices regarding the identification and treatment of attention deficit disorder and attention deficit hyperactivity disorder, the application of non-aversive behavioral interventions in the school environment, and the use of psychotropic or psychostimulant medication for school-age children." Generally speaking, IL is about as backwards as they come, so if we have a law like this I would hope that NY would as well. I am just failing miserably tonight at my researching! ;) It sounds like your SD may be disciplining him because he's not on medications - regardless, they *are* failing to provide FAPE if they're calling you frequently to pick him up because they cannot deal. Sounds like it's time for another IEP mtg. If current placement cannot handle him, SD needs to find a more appropriate one. If he is not in school at SD request, he's not learning and school is violating IDEA. Please keep details of all your communication with- the school. If you have a phone conversation, document and send it as a "letter of understanding" to the SD (certified letter, always). It sounds like it's time to get this well documented. I'd start off with- a letter confirming your understanding of the conversation with- whomever about the fact that they disagree with- your *physician's* decision to take him off medications (like they have any standing whatsoever) as well as the fact that they are not "staffed to deal with- his outbursts". That second part is huge. It's a staffing issue so it's their problem and they need to fix it. Probably time to look for a Special Education advocate, unfortunately. [/QUOTE]
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