Can a school require a teenager on medication?

[Mary M]

Hi,

Mitchell,my son, has been on AP for over 3 years for Crohn’s Disease. Dr. S of Ida Grove,Iowa has been administering his care. Currently, we are trying LDN cream. Dr. S wrote a letter to the school district which stated his medical condition. The school district considers the letter unacceptable to verify his illness for school absences. They keep changing the rules regarding the letter needed for school absences and how often these letters need to be submitted. His pediatric doctor does not take care of his Crohn’s disease. She is deferring to the school district nurses wishes. I live in Wisconsin. Can a school district legally require a certain medication be administered in order for a child to attend school? The school nurse believes in Remicade. I personally do not wish to put my son on an immune suppressor. I believe this is a personal choice for each person to make on their own. I am a single parent I am not able to hire an attorney to deal with this matter. If I do not give Mitchell the Remicade, can the state of Wisconsin step in and take Mitchell away? I have searched for legislation to protect children from being forced to take medication. The only information I have found is The Child Medication Safety Act S. 891. This federal bill is not law. I also know in Wisconsin there has been legislation introduced to limit drug advocacy by schools. I have not found the bill from the state of Wisconsin or whether it has been made law. I need your help.

Thank you.

Mary M

[reesak]

Just a thought, Mary, can you contact your local state representative or state senator and ask them? I am your neighbor in Minnesota and I’m sorry to hear you have to go through this. You should have the right to choose the medication you think is right for your child.

Good luck to you,
ReesaK

[Jan Lucinda1]

Dr. S., an osteopath, has more authority than the school nurse. His letter should be valid. Maybe threatening to contact a state legislator would let them know you are serious. I understand your concern and wish the best to you and your son.

Jan

[Suzanne]

Mary, this is very confusing to me because I don’t how understand how a school nurse would be able to decide what medication your child should be on. Is she also an MD? Has she examined and diagnosed your son? She might have the authority to ask for an investigation if she feels that your son is missing more school than others with his condition, but the choice of treatment is up to the parents.

I do not think they can force any treatment unless it is a life-threatening condition. I think you could make the process easier by having a dr’s note from a dr. in your area – even if all the note does is state the diagnosis and what is expected as far as absences due to appts. and illness. You might also look into a 504 plan – it documents that your child has a chronic condition or disability that may require accommodations from the school and by law, they must provide them.

If you find that your son is missing way more school or having a much harder time than others with his disease, maybe you should consider adapting his protocol in some way. I will be honest – to me, it doesn’t seem like the nurse would be going to such lengths if your son was doing well. I hope that isn’t true and hope things will be straightened out for you soon!

Mom of teen daughter with Poly JIA since age 2. Current med: azithromycin 250 mg MWF.

[Suzanne]

504 plan – once you have that it place, it will follow him until he graduates. It is reviewed annually, but you never need another dr’s note after it is set up. I had a note from the pediatrician when my daughter started school, and every year I meet with the counselor, asst. principal, school OT, and my daughter’s teacher to review it and see if there need to be any changes. It is more for peace of mind so far.

Mom of teen daughter with Poly JIA since age 2. Current med: azithromycin 250 mg MWF.

[Valsmum]

I know of a website that is very helpful. I am bad with links but the website is hslda.org.
Basically it is a homeschool rights/legal defense assoc. They help all sorts of families with parental rights and can answer tough questions such as yours. I hope all the best for you and your son. I know some parents that don’t want to fight the school & end up pulling their kids out and homeschooling them for health reasons.
Take care, Sheri

[Suzanne]

@Mary M wrote:

His pediatric doctor does not take care of his Crohn’s disease. She is deferring to the school district nurses wishes.

I would find a new dr. if mine deferred to a school nurse. Your pediatrician should advocate for your child.

Mom of teen daughter with Poly JIA since age 2. Current med: azithromycin 250 mg MWF.

[JOJO19551]

Since I am an Administrator in a very large pediatric office, please let me give you my take. There are plenty of parents who do not send their kids to school. The school is trying to protect the kids. A letter from the Specialist is not a valid Doctor’s excuse, you need a separate note for each visit. The school frowns on an open letter saying the child will be absent. Although you have no desire to keep your child out of school more than necessary, there are parents who do. Hope this helps, JoAnn

[pinkhorses]

I agree that a 504 plan is what you need. I have one for my daughter because she has Celiac disease.
Under a 504 plan you will be protected and can call the OCR Office of Civil Rights if you feel anyone is violating your son’s rights. The schools federal funding could be taken away if they are non-compliant.

If you need help with a 504 plan, I would be happy to help.

If your son’s academic performance if impacted by his Chron’s disease he may even be able to get services under an IEP Individual Education Plan.

[marypart]

I would definitely push for an IEP. What you really need is an “educational advocate.” If you ask around you might be able to find a pro-bono advocate. There are some agencies that do this for families. It is great to have an advocate who nows the legal issues.

This is a website in CT that has a lot of good information. Maybe if you called them, they could help you find somebody in Wisconson. The most important thing to know is that even when your daughter is in remission she is still considered disabled if she has a condition that comes and goes.

http://www.advocacyforpatients.org/legal_education.html

Good luck.
Mary

[pinkhorses]

http://www.wifacets.org looks like it could provide information and support from your local area. Wisconsin Facets

We have a similar group in our state and they are very helpful.

[Mary M]

Hi Pinkhorses,

Mitchell has a 504 plan but it has not been administered by the school. The counselor who is the coordinator of the plan has not been contacting the teachers and helping Mitchell keep up with his work when ill. They keep on saying that his absences from school are separate from the 504 plan. I requested a 504 plan be put in place after Mitchell having Crohn’s for over 7 years because he does become ill and miss school. I can call the Office of Civil Rights to let them know his plan is not being handled properly. Thank you for the information and I may call that office soon.

Mary M

[Mary M]

Hi Jan, Suzanne , Sheri, JoJo, Pinkhorses, and Marypart,

Thank you for the information. I have considered calling different agencies for help. I will look into the different advocacy and support groups. I have considered switching him to another school, and online schooling him. I need to make a good decision soon. I hope you and all of your families are doing well. Thank you so much for the support.

Mary M

[pinkhorses]

Mary,
I would ask for a meeting at the school level and let them know this is not working.

I would not strain the relationship you have with the school and the district unless you were out of options. I would call OCR as a last resort. I was not clear that you had a 504 and I wanted you to know it would afford you some options.

You do need to go to these meetings knowing your legal rights, this is where an advocate can be priceless.

Many advocates are parent volunteers.

I hope you can find an option that works for all.

pinkhorses

[Suzanne]

@Mary M wrote:

They keep on saying that his absences from school are separate from the 504 plan. I requested a 504 plan be put in place after Mitchell having Crohn’s for over 7 years because he does become ill and miss school.

I think my first step would be to ask for a review and/or update of the 504 plan. It sounds like the only accommodation you are requesting is that work be sent home for sick days and that certainly sounds reasonable. Maybe you can take in something from a Crohn’s site – I know the Arthritis Foundation has some materials for schools called, ‘when your student has arthritis’ or something like that. A lot of parents use that information to get the schools on board when they are having issues. I think it helps educate the school about how kids can look fine one day and be sick the next, etc.

I’m going to change the subject and channel one of my good friends and ask the question she would: Have you tried a gluten-free diet?

Mom of teen daughter with Poly JIA since age 2. Current med: azithromycin 250 mg MWF.

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