Did you know it's against the law for schools to want kids medicated?

Question

Did you know it's against the law for schools to want kids medicated??

Most parents don't know this. Schools are not suppose to mention meds to parents. They want kids medicated who have ADHD. THis is a federal law and it's here

http://thomas.loc.gov/cgi-bin/query/D?c108:4:./temp/~c108S1e3IH::

Most parents don't know this law exists and schools continue to do this because they know there is no enforcement to make them do right and follow this law.

If there was, they wouldnt' keep wanting parents to medicate their children.

My question is, did you know about this law? And do you have any experiences with schools doing this?

Answer 1

yes i knew that, they wanted me to put my daughter on riddlin and i told them no not once but 3 times and the fourth time i just gave them my lawyers name... shut them up real quick.

Answer 2

Yes, I was aware of it, but many are not.

Children who are labeled with this are often times highly intelligent, and are bored stiff with regular classroom work; they need to be challenged, and learn much better while in motion, and while doing hands on projects.

They do not do well sitting still for long periods of time.

I would sum up the symptoms high energy kids exhibit like this; it's s set of behaviors that annoy adults who do not have enough creativity, or energy to keep up with these children.

They do not fit in the regular classroom mold, and therefore are looked at as unfocused, or easily distracted.

Well do we not get distracted when we have to sit through a boring meeting, or class we are absolutely not interested in?

Would we not be climbing the walls if we had to stay inside for several hours when we would rather be outside running, and doing something that interests us?

Give these children longer breaks with lots of physical activity, and much of this would not be an issue in the classrooms.

There is another school of thought on this issue;

http://www.adhdfraud.org/

Answer 3

First, if you could comment with the bill number you were referencing above I could possibly answer more specifically.



As a special education teacher I can advise parents to have their child evaluated for possible medication but I can't refuse to teach a student if the parent doesn't comply.  There are also resources if money is the issue that support people in the school may be able to direct the parent to.  However, if I child is a danger to themselves or others and this can be related to the disabling condition the school can find a better placement for the student regardless of the use of medication or not.  

The previous answer references the need for other medical treatment.  Children can not attend school if they are contagious in any manner.  That includes virus's like colds, pink eye or vermin like lice, since these are a threat to other children in the school.  Many (especially working) parents give children two Tylenol and send them to school, so other children and teachers can catch the latest bugs unless we are diligent and send students home at the first sign of fever.

Answer 4

I know about this law and generally speaking, I never hear the word medication at any meeting.

Schools that do mention medication do not do this because they know their is no enforcement. Actually, cases can and have been brought against school districts that mention medication. However, I think when medication is mentioned, the people involved are acting in the best interest of the child.

I can see the reasons why some people are against medication for their children, but I also think that they have not seen the miraculous changes in behavior that medication can do. Unfortunately there are kids who are exposed to drugs or alcohol during pregnancy, who have genetic problems or who have brain damage and their brains are not intact neurologically. These kids benefit greatly from medication.

Usually what happens, is the child is given trials of medications. If none work, then they are stopped. However, sometimes the transformation is amazing. Kids go from being unpredictable, abusive and violent to being able to learn and socialize appropriately.

People with many diseases spend their lives living on medication and without it, they would die or suffer serious consequences. These include:

* diabetics

* Arthritis sufferers

*Epileptics

*Cancer patients

*Stroke sufferers

*People with heart disease

*People with Hepatitis

*Hemophiliacs

*Tourette's

These are only a few.

My point is, if these people can take medications to make their lives better, than why can't we treat diseases like fetal alcohol and drug disorder, autism, ADHD and other neurological disorders with medications? Why should children continue to suffer punishment, verbal abuse, restraints and placement in special classes or schools if they don't need to?

Answer 5

As I teacher, I did know of a law like this...I was never aware of the exactness of it.  Thank you.  As a Special Education Teacher (9-12).  I NEVER, ever would recommend medication for any student.  I work with the student, regardless of mood, age, disability, etc...I personally don't believe in psychotropic medication (for ADD/ADHD) while many think these kids drive people nuts, I just see untapped potential and a different learning style.  Unfortunately today, the school system isn't set up meet the needs of active students.  Sit and listen and take notes are the big push (except electives).  Something that would drive 99% of adults totally crazy.  It is getting better though.  The school I work for has hired some younger and more progressive teachers who are doing well with integrating tough students who may have been said "to need meds" into their classrooms.

Answer 6

They wanted to medicate my oldest child (now 13) because he would wander the classroom. He didn't disrupt anybody, but he fifnshed his work very quickly and then was bored (kindergarten). Instead of working with him, the teacher said he had ADHD and needed meds. I pulled him out of the school and homeschooled for a few years and recently he has been back in school (in advanced classes where he is challenged) and has no problem with his work and gets striaght A's. Bad teacher wants all her students to be like little sitting ducks.

Answer 7

My son has been put on home-education (meaning I teach him and just check in with the program monthly) because he's not medicated and hasn't even been diagnosed with anything. I don't have the money for the costs of diagnosis or even glasses to replace those he broke. The only program available is more than 2 hours away. The school would bus him but I can't have two kids in two different ends of the county and there wouldn't be anybody to pick him up if he got sick or something. Besides, most of the kids there are very disabled or very poorly disciplined and would be a terrible influence on him. I just get to teach my kids myself (even though they're officially enrolled in public school). This is what public schools do and private schools either won't take them or insist on medication. Many preschools won't accept a kid back without proof of meds, and they even require antibiotic treatment for colds (I ran into this all the time). I ended up begging doctors for meds because my kids can't go to school or daycare without them and then I can't go to work and our whole life is in the toilet. It's a stinky system but that's the way it is. If your kids' defective in any way you have to stay home with them and deal with it and making a living is your problem.

Answer 8

In California, schools couldn't care less if a kid is medicated or not.... that is up to the parent.  We as teachers will call a parent if any time a child is unable to keep up, or is having grave and severe difficulties focusing, or showing other behaviors that appear to be limiting the child's ability to process information.  This goes on from kindergarten thru grade 12.

We share our observations with the parent.  It is up to them to make the connection that maybe a pediatrician specializing in learning disabilities decides what to do.  We just are the book keepers, when it comes to grades.  And was are just the ball tossers when it comes to giving information...we toss, the kid catches.  As well, we are the tutors when the kid wishes to come in for extra help...we know when extra help after school might be helpful, but we don't go out in the streets and grab a kid to drag that kid back into the classroom at 2:25.    Above and beyond that, we call the people to whom the children belong----- PARENTS.... and it is PARENTS who are responsible after 3:00pm.  Lots of times, there are no parents at home at 3:00, are there?

As well, there is little we can do if there is abuse in the family, or parents swear or fight in front of their children.  After all, they are only in school from 8-2:25.... and only about 180 days out of the year.... In reality, we are pretty helpless in disfunctional or violent family situations, aren't we?  Interestingly, many parents will say that they have a child on medication, and are getting it via their doctor.  We learn later that the parents are taking it themselves... go figure.

Teachers don't want kids medicated, you idiot, we want them to succeed in school, and feel good about themselves.  For ALL children, PARENTS decide, along with their doc, if that child is a candidate for medication that might be helpful to attain these goals... for some kids, medication is worthless, particularly with children who are below average in learning abilities.... there is just no way on god's green earth some will ever be able to handle algebra... not happenin'......with or without medication.  Medication is no cure-all for poor scholastic performance, just in case you didn't know.....You aren't going to make a genius out of a child who has an extremely low IQ.  And medication, even in some who may benefit, is worthless if there is no home structure that values success in school.

And medication is worthless if education is not valued in the home, and if parents are not there to supervise their children  even if in other circumstances it might be worth a try....

So, get off your soap box.... teachers don't want kids medicated, we just want them to succeed, so that they become successful adults....

Answer 9

Wanting is not against the law.  I teach students with adhd, both in and in a homebound situation.  The law requires we education each child in the least restrictive environment.  For some, that's the regular class; others may receive instruction in special lab classes, shortened school days, home or institutions.  That is a team decision.  Medication is up to the parent and the child and the doctor.  If a child is supposed to be taking medication for adhd, and it appears that the child is not, the teacher should communicate concerns with the parent because sometimes children do not take their meds when their parents think they are.  They sometimes sell them to other students, and sometimes their hormones make them ineffective.  Teaching special children is a wholistic approach and discussing meds with the parent is often an important decision.  Diagnosing a child or telling them they should/should not be on meds is not okay.  Some children perform very well on their meds and horribly when they don't take them.  With other kids, you cant tell the difference when they're on or off meds.  Parents need to know this, too, so they can determine whether they should continue the meds.

Answer 10

It's not against the law to want a kid medicated, no more than it is against the law for me to want you medicated, what is legal/illegal is how one handles it.  I actually have parents that ask me my thoughts and observations on certain medications, etc.  That is not illegal.  For me to say that a kid needs ritalin, that is illegal.  I am a teacher, not a doctor.  

I think that you tend to oversimplify many of your assertions.

Update-8:30pm:

I should add, that ad/hd is the least of my student's issues.  I work with young adults who besides having a cognitive impairment have other issues such as fetal alcohol syndrome, borderline personality disorder, bi-polar, severe self-injurious behavior, and schizophrenia.  Because of this, I must stay informed on meds.  I work directly with the students, their families, casemanagers, and sometimes directly with the psychiatrists to develop a plan that will help these young adults reach their greatest level of independence.  Antipsychotics such as Abilify, Zyprexa, Risperdal; SSRI's such as Celexa and Prozac; mood stabilizers such as Depakote, Lithium, and Lamictal; and stimulants such as Methylphenidate (Ritalin) and Dexadrine are things that I need to be well informed on, as I am watching for side-effects and the efficaciousness of these medications.  I take the health and well-being of my students and my teaching career seriously.  These meds are an everyday thing for me, and while I understand that I don't work with the "average" special ed population, I still feel that the original question is oversimplified.  I understand that many teachers don't want to deal with behaviors, but there are many parents who turn to teachers for advice on meds as well.