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| (This letter was attached to the press release) State of Rhode Island and Providence Plantations DEPARTMENT OF EDUCATION Shepard Building 255 Westminster Street Providence, Rhode Island 02903-3400 Rhode Island Board of Regents Elementary and Secondary Education Peter McWalters Commissioner May 15, 2000 Superintendents of Schools, Principals, Special Education Directors, Guidance Counselors, School Social Workers and School Psychologists Re: Students with Disabilities and Prescription Medication Dear Colleagues: The Rhode Island Department of Education has recently received several inquiries from members of the public and legislators concerned about educational personnel becoming inappropriately involved with medical decision making for students with disabilities. Specifically, concerns have arisen about teachers and other school personnel "recommending" that parents consider placing their child on medication. It may be appropriate in some circumstances for educational personnel to suggest to parents that they may wish to consult a physician for a medical opinion regarding a child who is experiencing difficulty in school. However, it appears that such suggestions for a medical referral is being made in a way that can be construed as the offering of an opinion by a teacher or other school staff that a child should take medication and/or that a child has a specific medical disorder. It is obvious that state statutes governing medical practice strictly prohibit the prescription of medication by anyone other than a medical practitioner properly licensed and authorized to prescribe medication. Furthermore, the federal Individuals with Disabilities in Education Act (I.D.E.A.) prohibits school personnel from making a decision about a child's educational services without the consent of the child's parent(s). School personnel must refrain from making statements that may be construed as offering medical advice, or making a medical decision, such as "Your child should be taking medication, or "I've seen many students like your child and based on that experience your child should be on medication." Furthermore, the decision to place a child on medication is reserved to the family, and must be made in consultation with licensed medical personnel. Under Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act, a child cannot be discriminated against in school due to a disability or perceived disability. Thus, it is not lawful for school personnel to require that a child continue or initiate a course of taking medication as a condition of attending school. School personnel cannot require, suggest or imply that a student take medication as a condition of attending school. This decision is reserved to the family in consultation with appropriate medical personnel. Should you have any questions about the information contained in this advisory, please do not hesitate to contact me at 222-4600 extension 2507. It is hoped that this information will clarify situations that have been brought to the attention of the Department and obviate the need for further state level legislation on this issue. Very truly yours, Jennifer L. Wood Chief Legal Counsel |
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