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Elementary School Kids Elementary School Kids

Legal Question about a school PIOG

Posted by on Feb. 8, 2013 at 10:23 AM
  • 42 Replies

My daughter has ADHD and her teacher and principal have told us that unless she is on medication she needs to stay home. She has caused no harm to herself or others but at times has a rough day in the way of being unable to focus well. Are they really allowed to deny her schooling if she is not on medication?

by on Feb. 8, 2013 at 10:23 AM
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Replies (1-10):
mjande4
by Platinum Member on Feb. 8, 2013 at 11:27 AM
1 mom liked this

It depends on how the behavioral plan or IEP is written. There's not enough information in your post to determine.

diaperstodating
by Angel on Feb. 8, 2013 at 11:28 AM

Bump

SweetPea2004
by Silver Member on Feb. 8, 2013 at 11:29 AM

Every child is entitled to a free education you can sue them for discrimination.

Barabell
by Barbara on Feb. 8, 2013 at 11:29 AM

If you call the Board of Education in your state, they would know the laws in your state regarding this. 

snowangel1979
by Bronze Member on Feb. 8, 2013 at 11:48 AM
1 mom liked this
No they can not tell you to drug your child. They can suggest evaluations, Ect but they are not allowed to say you have to use medication.
Does she have an iep? Are they following it? I would ask them to put their their request that she be on med or not come to school in writing. I bet you they won't because they could find themselves in hot water for telling you that.

I would tell them to take a flying leap, I'll take my tax money to a different school or homeschool.
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MJP76
by on Feb. 8, 2013 at 12:00 PM


This.

Quoting mjande4:

It depends on how the behavioral plan or IEP is written. There's not enough information in your post to determine.



Morrigan333
by on Feb. 8, 2013 at 12:04 PM

If they are a public school. HELL NO!

frndlyfn
by Gold Member on Feb. 8, 2013 at 12:14 PM

You need to talk to your school district and look into state laws.  When a child is disruptive towards the class as a whole trying to learn they will hand down some kind of consequence.. What types of treatment at home are you doing with her if not medication?

soymujer
by Mikki on Feb. 8, 2013 at 3:18 PM

Even with an IEP and such, if the parents choose not to medicate, they can't kick them out of school.


Quoting mjande4:

It depends on how the behavioral plan or IEP is written. There's not enough information in your post to determine.



family in the van   Mom of four


mjande4
by Platinum Member on Feb. 8, 2013 at 3:25 PM

Normally I would agree, however, I was just part of a team that expelled a student because part of the behavior plan was taking his meds and he wasn't. If its written in the plan, then the school can remove them. We suggested a different type of school for him.

Quoting soymujer:

Even with an IEP and such, if the parents choose not to medicate, they can't kick them out of school.


Quoting mjande4:

It depends on how the behavioral plan or IEP is written. There's not enough information in your post to determine.





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