Is it legal for a school to threaten a child with expulsion

Submitted by an LD OnLine user on

Hi I’m doing some research for a friend of mine, I also have ADD. The school his child attends is forcing his child to be medicated or face expulsion. His son is not responding
Well to the medication, He told me that living with his medicated son was like living with a zombie. My question is,
Is it legal for a school to threaten a child with expulsion if the child dose not continue
to take riddilen or other medication for ADHD?

Submitted by des on Sun, 09/07/2003 - 4:23 PM

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If you have to ask if the kid has an IEP, I don’t think he has one! This is something you would be quite involved in and parents are required by law to participate. There is a meeting where you, the staff, and students decide on the goals of the student for the year.

II don’t think they can expel the kid for just not being on medication. But if the kids behavior is so difficult they could certainly expel him then. Even an IEP (which would give recommendations in dealing with the behavior— perhaps giving behavioral suggestions or using a behavior therapist) is not absolute prevention of the parents from being told that the program no longer meets the child’s needs. At which point the school would have the obligation to pay for funding in some alternate placement. (Private school, therapeutic school, or even boarding type school.)

I don’t know that ADHD is necessarily an absolute requirement for doing an IEP but behavior problems would be. I’m not sure how to go about it from there though.

—des

Submitted by Janis on Sun, 09/07/2003 - 10:37 PM

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I am assuming the child in question is having behavior problems that may result in suspension if the behavior is not brought under control. The school cannot force a child to take medication. But they can follow their rules for behavior and the child can have consequences unless there is an IEP that says otherwise.

I do no buy the parent’s complaint, though. The Ritalin would have worn off by the time the child is at home and the parent does not have to medicate the child at home. It sounds like this parent needs to follow up medically if the dosage of medicine seems to be a problem.

Janis

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