Special Education Law: What Every Parent Needs to Know - Can the System Force a child to Take Medications

Written by HealthyPlace.com Staff Writer

David: Here's a question that I'm sure concerns many parents:

cambridge: Can the "system" force a child to take medications against the will of the parents?

Pete Wright: Meds - I don't think so, get a doctor to advise against it and have it in writing and ask school whose advice should you follow, theirs or the doctor?

Pam Wright: Again, you are getting an outside person to be the lightening rod.

Pete Wright: Meds - follow up, ritatin and dex, etc, I have taken them from time-to-time and found them helpful, was on dexedrine during middle school years.

David: Here's a question about Individualized Education Plans (IEP):

AnnaB: Is it part of the law that parents receive proposals prior to an IEP meeting when requested in writing?

Pam Wright: You request to receive proposals before the IEP meeting? The reality is that people are pulling stuff together at the last minute.

Pete Wright: Proposed IEP, does not have to be furnished in advance, Evaluations, I don't believe they have to be furnished in advance, but good practice is to provide them, otherwise how can parent offer meaningful input into IEP or even be expected to sign documents at that time.

Pam Wright: Like at midnight the night before. So yes, you should be able to ask but they may not be able to provide what you want. You can always ask for another meeting.

David: One thing I also want to ask and I think this is a legitimate concern among many parents. They go to the school, try and work within the system, but things aren't going well. They may or may not stand up for their child because they are afraid of being a "lightening rod" for retaliation against their child by the teachers or administrators. Can you elaborate on that a bit and make some positive suggestions on how best to deal with this train of thought?

Pam Wright: First, develop a businesslike relationship. One of the participants talked about meeting people before her child started school. It's often helpful to get someone to come to these meetings - this person can validate what happened. The best way to prevent problems is to prepare for them, so get your child's file organized, learn about how to measure progress, get a book about how to write letters. But you will always be somewhat afraid because this is YOUR child.

Pete Wright: Parents often generate staff anger toward them because staff views them as not being appreciative of their efforts. Parents have anger toward staff because they see child falling further-and-further behind. This becomes a catch 22. I hope this stops. Parent must become more professional than the staff, aka Ms. Manners, with thank you letters that are later evidence if necessary. Become calm cool collected tactics and strategy mindset. We have a lot about that in our Tactics Manual.

Pam Wright: There is no way to eliminate this fear because it is sometimes based on reality.

David: Here are a few audience comments regarding this last question:

Donna1: Administrators, or should I say "this" administrator is always willing to work with parents, but don't come in ready to knock the door down when you (as a parent) haven't given me a chance.

shine84: I have a son who is being tested for ADHD . He has already been suspended from kindergarden twice for inappropriate conduct . Also while on a field trip one of my friends saw my son and went up to him to talk and the teacher had such a tight grip on his hand he could not go anywhere, but the other kids where running around and playing. Is this fair and appropriate?

Pete Wright: For the administrator, often the parent was there once before, but as the child or adolescent that was suffering school failure and abuse, and old emotions come to the surface.

Pam Wright: First issue: is it appropriate to suspend a kindergarten child? I'd say "No!" But the teachers often don't have any training in how to deal with the children, so that becomes an issue that parent need to address. Get schools to do more training for the teachers so the teachers can do a better job.

Pete Wright: Bizarre, suspending a kindergarden child. You need a comprehensive private sector series of evaluations and look carefully not just at ADD behavior, but mastery of the 3R's and written language. That is too often overlooked with the ADD child exhibiting difficult behaviors.

David: What about the idea of getting a "child advocate"? Can you explain what that is, give us any idea of what that costs, and what the positives and negatives of that are?

Pam Wright: Child advocate? There are currently no standards so I can be one, Pete is one, many parents are advocates. This is an important question and not enough time to answer.

Costs: Usually an hourly rate, fairly reasonable.

Biggest issue: is training of the advocate!

Pete Wright: Advocate come in all sizes and shapes. Some very qualified, others put gasoline on fires truly believing they are using a fire extinguisher. Word of mouth is the best referral source. There is no national law or standard regarding advocate. One of the best in the country is Pat Howey. There is an organization COPAA, Council of Attorneys and Advocates at www.copaa.net that we are members of, and a good source to locate an advocate.

David: Here's a child advocate suggestion from an audience member, thank you:

kimdyqzn: Sheri Taylor-Mearhoff is in the audience. She runs a not-for-profit advocacy organization called Amicus for Children. She helped me a LOT even though she's in PA and I'm in KS

Pam Wright: We just learned about this group a few weeks ago.

Pete Wright: Hi Sherry, your organization is doing a great job, love your case summaries.

Pam Wright: Sheri can speak to the issues of advocates, and what to look for.