Wednesday, January 6, 2010

Members of IEP or School Personnel Should Not Diagnose Medical Conditions or Suggest Medication Without the Credentials for Doing So

Julie Weatherly featured an article in a journal titled In Case, Volume 48, Numbers 4-6; and in Volume 49, Numbers 1-2. The title of the article is Avoiding Legal Disputes in Special Education: 21 Training Points for Administrators. No-No #18 advises school personnel to not make statements like "it's obvious that your child has ADHD, ODD, and OCD. Take him to the doctor so that we can develop a plan for him and he can be put on medication. In fact, here's the card of someone I know who can do that evaluation." Rather than making a diagnosis of a medical condition without being qualified to do so, school personnel should make a proper referral for an evaluation. Furthermore, the 2004 IDEA provides that State Educational Agencies shall prohibit State and school system personnel from requiring parents to obtain a prescription for a medication covered under the Controlled Substance Act as a prequisite before they can bring their child to school, receive an evaluation, or receive services. Teachers and other school personnel are not prohibited from sharing classroom-based observations with parents or guardians regarding a student's academic and functional performance, or behavior in the classroom or school, or the need for an evaluation for special education and related services.

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