Can a school require a teenager on medication?

[Cheryl F]

Mary,

Oh man don’t get me started. I am so sorry you are going through the stress from the BS that the school wants to dish out. I am very tired of the public schools thinking they can dictate what type of note you need and can get from a doctor. I had an incident just this week. The stress is overwhelming and the school administrators seem to think (as JoAnn hinted to above) that every parent is a slacker and a cheater, and I for one, do not appriciate being treated like that. Just tired of it!

Anyway, I agree with the suggestion that you should ask for an meeting to develop a formal plan and potentially go for a 504 Plan. I know many parents who have successfully used these processess to get their children what they need from the public school. Also, I would look into any information on the web about reasonable accomodation and the ADA. There are many protections, and, at least in the workplace, when there is a known medical problem, some of these demands may be crossing over into the territory of harrassment. I don’t think that the school staff know this, they are just on auto pilot and they think that they can demand whatever documentation they want on any particular day. Maybe if you get informed yourself about the rules in this regard, you can inform them of the constraints that protect your child from unnecessary documentation. If a doctor says that he has a specific medical condition and that will cause intermittant absenses, then certainly he cannot and need not be seen by the doctor everytime he has a flare. Flares are expected and he needs to be home, not running to the doctors office each time.

Again, I am so sorry that you are going through this!

Cheryl

[Mary M]

Hi Cheryl, Suzanne, and Pinkhorses,

Thank you all for the advice.
I thought Mitchell’s pediatrician sent a letter to school stating his condition and saying he will flare so there will be absences.The pediatrician wrote instead that the school nurse can assess Mitchell each day and Mitchell will be able to attend school everyday except for a few absences. The assistant principal stated he will use this letter to take me to court if I do not bring Mitchell to school on Monday, December 13, 2010. Mitchell is switching medication so he is not stable right now. The 504 plan he has in place that is meant to cover absences and tutoring is not doing anything for us. The pediatrician deferred to the school nurse whether Mitchell is fit to attend school and has washed her hands of the whole situation, They expect me to bring Mitchell or Mitchell to drive himself to school every day for them to evaluate his condition. They will then decide whether Mitchell can go home or not. I have concerns about them forcing medications and going even further. A school can not force medications on a student can they? I think the whole situation is getting out of hand. Any suggestions will be appreciated.

Thank you.

Mary M

[Maz]

@Mary M wrote:

They expect me to bring Mitchell or Mitchell to drive himself to school every day for them to evaluate his condition. They will then decide whether Mitchell can go home or not. I have concerns about them forcing medications and going even further. A school can not force medications on a student can they? I think the whole situation is getting out of hand. Any suggestions will be appreciated.

Hi Mary,

I don’t know whether or not this will help, but parents of children with chronic Lyme disease go through these exact same issues every day. Some situations become so serious that parents are accused of Munchausen’s Syndrome by Proxy and there have been cases where children have been removed from their homes and placed in psychiatric wards. There are support groups for these parents and they very likely know the ropes. One of the leading Lyme advocates in the US, Pat Smith (past president of http://www.lymediseaseassociation.org, was (I seem to recall) a school teacher in NJ to whom a similar situation occured with her daughters.

Would it be of any help to join such an online support group and ask for resources? I don’t know, but it may be worth a try, particularly if you mention your treatment choice for your son. I did a quick search and this came up. If these folks are unable to help, they may be able to direct you further:

http://www.lymedisease.org/resources/children_support.html

Another suggestion…sometimes it’s important to get second and third opinions from physicians. What about seeing an AP rheumatologist for another opinion on Mitchell’s state of health?

A further suggestion… research local home schooling associations and consider home schooling until he is well enough to attend regular school?

My heart goes out to you and hope you can resolve this in the least stressful way possible.

[pinkhorses]

Maybe you could give them a call? They are a neutral 3rd party, if they can’t help, they may know who can.

WHAT IS SPECIAL EDUCATION MEDIATION?
Mediation is an option for early conflict resolution required by state and federal law to be available for parents of children with disabilities and schools.
A neutral, trained professional (a mediator) helps parents and school districts resolve their disputes in an informal meeting.
Mediation is voluntary. Either the parent(s), school district or the mediator may end the mediation at any time.
The mediator does not make a decision for the parties, unlike a judge or a due process hearing officer.
The mediator helps the parties do the following:
Identify issues
Discuss viewpoints
Generate options
Create solutions agreeable to all
When parties resolve all or some of the issues, then they work together to write an agreement. They both sign the agreement. Parties may ask an attorney to review the agreement before signing. If the parties are not comfortable with the agreement, they should not sign it.
The signed agreement is a contract and is legally binding.
Mediation does not delay or deny the right to a due process hearing.

HOW DO YOU REQUEST MEDIATION?
The Wisconsin Special Education Mediation System (WSEMS) Intake Coordinator/ Administrator will help you with the process. WSEMS is a neutral agency that is not a part of the Wisconsin Department of Public Instruction, any school district, or any parents’ advocacy organization.

You can contact Jane Burns, WSEMS Intake Coordinator/Administrator:
888-298-3857 (Toll Free Voice)
262-538-1618 (TTY)
262-538-1348 (FAX)
Write: WSEMS, P.O. Box 107, Hartland, WI 53029-0107
Either parents or school administrators (or both together) may request mediation by mail or fax.
If only one party requests mediation, the WSEMS Administrator will contact the other party to ask for consent to the mediation, talk about the benefits of mediation, and explain how the process works.
This is a voluntary process. If either the parents or school say no, a mediation session will not go forward.

Mediation is a free process for both parents and schools if they use the services of a mediator on the WSEMS list. The WSEMS pays the mediators with grant funds from the Wisconsin Department of Public Instruction. However, participants in the system must pay for their own attorney’s fees, if any.

[Mary M]

Hi Maz and Pinkhorses,

The information for the online support group and mediation will be helpful for me to resolve this issue. I wish to have this work in a positive way for Mitchell so he can complete his education and receive his diploma. I hope you both are doing well.

Thank you.

Mary M

[marypart]

Mary M,

I work in a special education school and am involved in IEP meetings nearly every week. The important thing to understand is that 504 plans and IEPs were designed for conditions that do NOT wax and wane. They were designed for developmental disabilities and physical disabilities: conditions that do not change very much from day-to-day.

I know a teenager (not in my school) who had Crohn’s and hypothyroid. The school did not AT ALL understand that a chronic illness is a covered disability. They ended up sending him to truancy court. In the end the parents found the easiest thing was to pull him out of the high school (basically to quit school) and he did the GED night school. He is now a straight-A community college student. This was not the best solution, but the school was downright hostile.

The group in CT that I gave you a link for has a very special interest in Crohn’s. I highly recommend that you at least read their site. Here is a useful quote:

“Whether a student is entitled to a section 504 plan of accommodation depends on whether she has a disability. A disability is an illness or condition that substantially impairs a major life activity. Walking, talking, seeing, hearing, writing, reading — these are major life activities, but so are bodily functions like bowel, digestion, and the immune system. And of critical importance to students with chronic illnesses, the law says that episodic illnesses — illnesses that come and go — are disabling even when the student is in remission if they would be disabling when active. So, for example, if your child has ulcerative colitis that would substantially impair the major life activities of bowel and digestive function when the disease is active, she is considered disabled even when the disease is in remission.”

They also have a sample 504 plan on that site– for students with IBD. Also, DePaul University has an EXCELLENT program for students with chronic illness.

Mary

[Mary M]

Hi Mary,

I believe we are in the same situation with Mitchell. The school district does not understand his chronic illness is a disability and causes major dysfunction to his life activities. They are also hostile and threatening to the point where I wonder how can they treat a teenager who has been sick with Crohn’s for the last 7 years this way. A good decision has to be made and the 504 plan he has is not helping us. I do not want to go to court like the assistant principal has threatened us. I just wish for peace in our life and so does Mitchell. Thank you for the additional information.

Take care,
Mary M

[pinkhorses]

Mary M,
Like Mary said the school staff do not always understand chronic illness.
@marypart wrote:

The school did not AT ALL understand that a chronic illness is a covered disability

My daughter has had an IEP and currently a 504 plan for a disease that is controlled by diet. She is 100% healthy when she follows a gluten free diet. She is two grade levels above her peers so her disability does not affect her ability to learn.

Section 504 requires recipients to provide to students with disabilities appropriate educational services designed to meet the individual needs of such students to the same extent as the needs of students without disabilities are met. An appropriate education for a student with a disability under the Section 504 regulations could consist of education in regular classrooms, education in regular classes with supplementary services, and/or special education and related services.

For instance the school provides a hot lunch the the students, my daughter cannot eat that hot lunch and remain healthy and able to attend school and learn. I could ask the school to provide a gluten free lunch, but cross contamination would be inevitable, so I have it in her 504 that she is will only consume food provided by the parent. I have 2 pages of accomodations.

I have made sure she is allowed to make up any work missed if she does ingest gluten.

I don’t know much about Crohn’s disease but I would think that it would affect him enough that in some way he is not on a level playing field with his peers. That is what a 504 does, it provides accomodations that make it so that he can attend school and have the same opportunities as his peers. If Crohn’s disease makes him too sick to attend school regularly, then he is not afforded the same opportunities as his classmates.

For instance (just examples):
He may need more time to use the restroom or more restroom breaks.
Staying hydrated and drinking fluids with electrolytes may be needed during class.
He may need to eat special foods that are easier for him to digest.
Medications may need to be administered during the school day.

From the U.S. Dept of Ed:
34. How should a recipient school district view a temporary impairment?

A temporary impairment does not constitute a disability for purposes of Section 504 unless its severity is such that it results in a substantial limitation of one or more major life activities for an extended period of time. The issue of whether a temporary impairment is substantial enough to be a disability must be resolved on a case-by-case basis, taking into consideration both the duration (or expected duration) of the impairment and the extent to which it actually limits a major life activity of the affected individual.

In the Amendments Act (see FAQ 1), Congress clarified that an individual is not

[Suzanne]

@pinkhorses wrote:

I did not want you to get discouraged, if my daughter rarely misses school because of her disability can get a 504, I think that you could get a 504 or even an IEP with the proper accomodations for your son.

I agree that there should be no reason a 504 plan wouldn’t work for this situation. I’m sorry the school is being so difficult, but I hope you can hang in there. I’m not sure what they expect to accomplish with scare tactics.

I know that when my daughter’s was initiated, the counselor commented that it was so much easier on them when there was a doctors’ note. I was surprised that a parent would ask for a 504 plan without one, but they said it happened all the time. I wonder if they would be less ‘suspicious’ if you had a note from dr. licensed in your state? I know it shouldn’t matter, but it might help legitimize it in their minds. And surely your ped knows her patient has had the condition for 7 years, so again I wonder why she can’t step up.

My daughter’s is written for JRA similar to the Crohn’s example – may worsen during times of flare, more frequent absences to dr. appts., may tire more easily than other students (ped’s idea; never happens!), may need to move around the classroom if joints begin stiffen (another one we don’t use). And again, her ped does not treat her JRA, but he is her local physician and he took care of the whole process for us. I think peds have more experience with this type of paperwork than the specialist anyway. He even turned the form over to write on the back, and commented, “They like it when you write a lot of stuff.”

Pinkhorses might know this answer – is the school at fault if they have not held annual 504 plan review meetings? It seems like the situation might not have reached this point if those had happened.

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

[Valsmum]

I saw your question: can a school make your child take a medication? no.
They do not know your family history and some medications have serious side effects like MS, and they do not know if you or a close relative have MS and then the medication should be avoided, becasue of the high risk factors They can’t make your son take a medication. Take care.

[pinkhorses]

Suzanne,
@Suzanne wrote:

Pinkhorses might know this answer – is the school at fault if they have not held annual 504 plan review meetings? It seems like the situation might not have reached this point if those had happened

I think that would depend on what was agreed upon in the original 504, if it is stated in the plan.

Federal gives you 1-3 years. This is from the US Dept of Ed.
29. Once a student is identified as eligible for services under Section 504, is there an annual or triennial review requirement? If so, what is the appropriate process to be used? Or is it appropriate to keep the same Section 504 plan in place indefinitely after a student has been identified?

Periodic re-evaluation is required. This may be conducted in accordance with the IDEA regulations, which require re-evaluation at three-year intervals (unless the parent and public agency agree that re-evaluation is unnecessary) or more frequently if conditions warrant, or if the child’s parent or teacher requests a re-evaluation, but not more than once a year (unless the parent and public agency agree otherwise).

I hope your daughter is doing well.
I am keeping Mary M in my thoughts today as she tries to find common ground with the admin at school.

[Author]

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