DeBorg was upheld because they had a policy that was applied to all students (therefore non-discriminatory under Section 504) and other options were tendered to the parents.
https://web.archive.org/web/20110315034041/http://www.schoolnurse.com/med_info/legalissues.html
"...in the DeBord case (1997), the court found for the school district in a dispute regarding the school nurse's refusal to administer a dose of Ritalin that would have exceeded the total daily dosage recommended in the Physician's Desk Reference. Critical to the court's finding was the school district's policy supporting the nurse's review of all medication orders prior to administration to insure compliance with safety standards. Because the policy applied to all students, the court did not find discrimination on the basis of the student's disability, as alleged. In addition, the district had tried to accommodate the medication order by suggesting alternate accommodations (e.g., allowing a parent to administer the dose or dismissing the student early)...."
There may be several ways for you to handle this.
1) Write a letter to the sd releasing them and the nurse from all liability for administering the rx as written. Attach doctor's letter.
2) Check their policy to see if the practice is applicable across the board, and if not, go from there.
3) Let them know that natural consequences for the sd will prevail, e.g., withholding prescribed medications will present with behavioral problems to contend with, insist on compensatory education, tutors, etc., if they prove to be needed. Also, student can not be disciplined for sd not following doctors orders.
4) You didn't say what medication you are referring to, so check with-doctor to see if the dosages can be rearranged, longer-acting medication prescribed, etc.
5) Write a letter holding the sd responsible for whatever may occur because of their refusal to following doctor's orders, e.g., student hurts self or others, runs away from school, violent outbursts, etc.
Send any letters via Certified Mail.
I don't have a problem with the nurse trying to protect the student. No do I fault her for wanting to protect herself and the District from liability. Doctor's and pharmacies do make mistakes, so checking this type of thing when there is a questions is a good safeguard to have in place in my opinion.
On the other hand, sds and personnel have huge amounts of immunity from prosecution. They have done their duty by redflagging a potential problem for the parent. For cases like this, the sd can design a simple form the parent(s) can sign releasing them from liability if they want to. It doesn't have to turn into a power struggle nor end up being a case of medical neglect on the sd's part.
