IDEA Prohibition on Mandatory Medication

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In This Issue ...

ISSN: 1538-320
May 21, 2019

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image of boy with doctorOur principal gave us a deadline date for putting my child on medication.

Can schools mandate medication for kids with disabilities?

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 medication is effective is a risky strategy.

We hope you will forward this series to other friends, families, or colleagues.

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Does Medication Disqualify a Child from Special Ed?

Does effective medication make a child ineligible for an IEP?

No. If a child takes medication, this does not disqualify the child from eligibility.

Terminating a child’s eligibility for special education because medication is effective is risky.


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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.


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IDEA 2004: What the Law Says

Wrightslaw: Special Education Law, 2nd Edition, page 84 and 225.

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

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ADHD: Does Eligibility for an IEP Require Medication?

My child has ADD/ADHD, but is not taking any medication.

The teacher said if a child is not taking medication, they do not have ADHD.

What can I do?

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