Re: Chicago and school meds issues

Actually, it violates federal regulations. On Dec. 3rd, 2004,
President Bush signed into law an amendment to IDEA, the "Prohibition
on Mandatory Medication Amendment," which prohibits schools from
requiring children to take psychiatric medications in order to attend
school.

It applies to Controlled Substances only, i.e., stimulants

http://thomas.loc.gov/cgi-bin/cpquery/T?&report=hr779&;dbname=cp108& -
- See Part B (611-614). Easiest way to find it -- go to the site,
search for "controlled substances".
This is the exact wording:

(25) PROHIBITION ON MANDATORY MEDICATION. –

(A) IN GENERAL. – The State educational agency shall prohibit State
and local educational agency personnel from requiring a child to
obtain a prescription for a substance covered by the Controlled
Substances Act (21 U.S.C. 801 et seq.) as a condition of attending
school, receiving an evaluation under subsection (a) or (c) of
section 614, or receiving services under this title.

(B) RULE OF CONSTRUCTION.- Nothing in subparagraph (A) shall be
construed to create a Federal prohibition against teachers and other
school personnel consulting or sharing classroom-based observations
with parents or guardians regarding a student's academic and
functional performance, or behavior in the classroom or school, or
regarding the need for evaluation for special education or related
services under paragraph (3).

--- In SSRI-Crusaders%40yahoogroups.com">SSRI-Crusadersyahoogroups.com, "Jim Moore"; <mofunnow...>
wrote:
>
&gt; Sue,
>
> It says here that Illinois has a 2002 law that sort of does that.
&gt;
> http://www.fightforkids.org/bills_and_resolutions.html
>;
> 2002: Illinois and Virginia passed laws with similar protections
provided in Connecticut's law. Illinois' law required school boards
to adopt and implement policy prohibiting disciplinary action being
taken against parents or guardians for refusing to administer, or
consenting to administer, a psychotropic or stimulant drug. The law
in Virginia directed the Board of Education to develop and implement
policies prohibiting school personnel from recommending the use of
psychotropic drugs for any student. The National Foundation of Women
Legislators (NFWL) passed a resolution calling on the federal
government to pass regulations or laws in relation to schools
receiving federal funds that protect children from being wrongly
diagnosed and stigmatized as mentally disordered and forced onto
psychotropic drugs as a requirement of their education. The American
Legislative Exchange Council (ALEC) also proposed two pieces of model
legislation, one against schools coercing parents to drug their
children (or recommending drugs) and the other against invasive
psychological testing and questionnaires.
>;
> Jim
>
>
>
>
>
>
>
> ----- Original Message -----
> From: Sue Weibert
> To: SSRI-Crusaders%40yahoogroups.com">SSRI-Crusadersyahoogroups.com
> Sent: Friday, June 06, 2008 12:28 PM
> Subject: [SSRI-Crusaders] Chicago and school meds issues
&gt;
>
> A school psych in Chicago is insisting that a child has his dose of
Ritalin upped (he is the one who reccommended Ritalin in the first
place) as a requirement on school attendence.
>
>
> Is anyone familiar with the laws in Illinois? Can the school psych
legally boot the child out if the family doesn't comply? Does
Illinois have any laws about drugging not being mandatory to school
attendence?
>
>
> The family is concerned about the state getting involved if they
don't comply but they are wanting to take the child off the drug
completely as they feel it is the actual reason for more of the
problems, their family doctor agrees with this.
>
>
> Besides homeschooling or private schooling do they have any
recourse in Illinois?
>
>
> Sue
>

Messages in this topic (3) Reply (via web post) | Start a new topic

.

I noticed the link I posted earlier was for a draft of the
legislation. Here's a link to the Library of Congress page on the
IDEIA regulations -- http://thomas.loc.gov/cgi-bin/query/F?c108:1:./
temp/~c108qXrQjh:e51336:

BTW, any competent school psychologist knows about this law.
Unfortunately, IL DOE is notorious for allowing non-compliance.
Their favoritism towards the school districts is nothing less than
outrageous. I'm betting the school psych in question knows the law
but also knows he and his school district can do what they damn well
please because the IL DOE won't enforce the regulations. IL DOE is
totally ineffectual in protecting children from districts who violate
-- willfully or otherwise -- IDEIA.

--- In SSRI-Crusaders%40yahoogroups.com">SSRI-Crusadersyahoogroups.com, "Sara" <Sara_at_home911...>
wrote:
>
&gt; Actually, it violates federal regulations. On Dec. 3rd, 2004,
> President Bush signed into law an amendment to IDEA, the
"Prohibition
> on Mandatory Medication Amendment," which prohibits schools from
> requiring children to take psychiatric medications in order to
attend
> school.
>
> It applies to Controlled Substances only, i.e., stimulants
>
> http://thomas.loc.gov/cgi-bin/cpquery/T?&report=hr779&;dbname=cp108&
-
>; - See Part B (611-614). Easiest way to find it -- go to the site,
> search for "controlled substances".
> This is the exact wording:
>
> (25) PROHIBITION ON MANDATORY MEDICATION. –
>
> (A) IN GENERAL. – The State educational agency shall prohibit State
> and local educational agency personnel from requiring a child to
> obtain a prescription for a substance covered by the Controlled
> Substances Act (21 U.S.C. 801 et seq.) as a condition of attending
> school, receiving an evaluation under subsection (a) or (c) of
> section 614, or receiving services under this title.
&gt;
> (B) RULE OF CONSTRUCTION.- Nothing in subparagraph (A) shall be
> construed to create a Federal prohibition against teachers and
other
> school personnel consulting or sharing classroom-based observations
> with parents or guardians regarding a student's academic and
> functional performance, or behavior in the classroom or school, or
> regarding the need for evaluation for special education or related
> services under paragraph (3).
>;
> --- In SSRI-Crusaders%40yahoogroups.com">SSRI-Crusadersyahoogroups.com, "Jim Moore"; <mofunnow>
> wrote:
&gt; >
>; > Sue,
> >
> > It says here that Illinois has a 2002 law that sort of does that.
&gt; >
> > http://www.fightforkids.org/bills_and_resolutions.html
>; >
> > 2002: Illinois and Virginia passed laws with similar protections
> provided in Connecticut's law. Illinois' law required school boards
> to adopt and implement policy prohibiting disciplinary action being
> taken against parents or guardians for refusing to administer, or
> consenting to administer, a psychotropic or stimulant drug. The law
> in Virginia directed the Board of Education to develop and
implement
> policies prohibiting school personnel from recommending the use of
> psychotropic drugs for any student. The National Foundation of
Women
> Legislators (NFWL) passed a resolution calling on the federal
> government to pass regulations or laws in relation to schools
> receiving federal funds that protect children from being wrongly
> diagnosed and stigmatized as mentally disordered and forced onto
> psychotropic drugs as a requirement of their education. The
American
> Legislative Exchange Council (ALEC) also proposed two pieces of
model
> legislation, one against schools coercing parents to drug their
> children (or recommending drugs) and the other against invasive
> psychological testing and questionnaires.
>; >
> > Jim
> >
> >
> >
> >
> >
> >
> >
> > ----- Original Message -----
> > From: Sue Weibert
> > To: SSRI-Crusaders%40yahoogroups.com">SSRI-Crusadersyahoogroups.com
> > Sent: Friday, June 06, 2008 12:28 PM
> > Subject: [SSRI-Crusaders] Chicago and school meds issues
&gt; >
> >
> > A school psych in Chicago is insisting that a child has his dose
of
> Ritalin upped (he is the one who reccommended Ritalin in the first
> place) as a requirement on school attendence.
> >
> >
> > Is anyone familiar with the laws in Illinois? Can the school
psych
> legally boot the child out if the family doesn't comply? Does
> Illinois have any laws about drugging not being mandatory to school
> attendence?
> >
> >
> > The family is concerned about the state getting involved if they
> don't comply but they are wanting to take the child off the drug
> completely as they feel it is the actual reason for more of the
> problems, their family doctor agrees with this.
> >
> >
> > Besides homeschooling or private schooling do they have any
> recourse in Illinois?
> >
> >
> > Sue
> >
>;

Messages in this topic (4) Reply (via web post) | Start a new topic

.