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Ray
Ray, Lawyer
Category: Legal
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Experience:  29 years in civil, probate, real estate, elder law
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My child was diagnosed with ADHD, oppositional defiant ...

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My child was diagnosed with ADHD, oppositional defiant disorder, and mood disorders. He is currently taking 3 meds to stabalize his erratic behaviors. He is currently repeating the kidergarten grade. A medical professional has advised a battery of testings to check his levels of intelligence or to see if there is a learning disability. The school told me to cut down on meds so they can evaluate him. Meds were cut in half for 5 days when behaviors got out of hand. He was put back on all meds. Under the assumption he was not taking full dose meds, the teachers said he was doing much better and we were told he was over medicated. When confronted that he was always on meds, attitudes changed. Now they are saying there are no problems and have denied any testing. What are my legal rights as a parent with a child on medication for behavior issues?
Submitted: 6 years ago.
Category: Legal
Expert:  Ray replied 6 years ago.

This child would probably be considerd as a Section 504. This gives you a summary of the rights, etc involved with this child and his school. My sympathy to you and I hope that this gives you guidance in this matter..

SECTION 504


This is an overview of Section 504. This law can have positive effects on your child if he/she should need accommodations to succeed in school. For more information contact me by e-mail at this site, visit your public library, Call the office of Civil Rights, or your local advocacy office.

REGULATORYREQUIREMENTS
PurposeTo prohibit discrimination on the basis of a disability in any program receiving federal funds
Who is protectedA student is eligible so long as he/she meets the definition of qualified handicapped person; i.e. has or has had a physical or mental impairment which substantially limits a major life activity, has a record of or is regarded as handicapped by others.
Duty to provide Free and Appropriate EducationRequires the provision of a free appropriate education for students covered including individually designed programs. "Appropriate" means an education comparable to the education provided to non-handicapped students.
Special Education VS. Regular EducationA student is eligible so long as he/she meets the definition of qualified handicapped person. i.e., has or has had a physical or mental impairment which substantially limits a major life activity, or is regarded as handicapped by others. The student is not required to need special education in order to be protected.
FundingAdditional funds are not provided for these services
AccessibilityDetailed regulations regarding building and program accessibility.
General Notice504 requires "Child Find" activities. Districts must include notice of discrimination in its employee, parent, and student handbook, and must designate the district's 504 coordinator(s).
Notice of ConsentA notice of consent is required to the parent or guardian with respect to identification, evaluation and placement. A district/school would be wise to put the notice in writing in order to have proof of consent.
Change of placementRequires notice before achange in placement is made.
EvaluationsRequire notice, not consent. Requires periodic re-evaluations. Requires a re-evaluation before a significant change in placement. Does not provide for outside independent evaluations.
Determination of Eligibility Program and PlacementDone by a group of persons knowledgeable about the child, the evaluation data, and placement options. Parental participation is not mentioned in the regulations.
Grievance ProcedureDistricts with more than 15 employees must designate an employee to be responsible for assuring district compliance with Section 504 and provide a grievance procedure (an informal hearing before a district staff member) for parent, students, and employees.
Due ProcessTo provide impartial hearings for parents or guardians who disagree with the identification, evaluation or placement of students with disabilities. Hearings conducted at the local level by an impartial person not connected with the school district. Person need not be an attorney. Decisions may be appealed to court
EnforcementEnforced by the Office of Civil Rights by complaint investigation and monitoring activities

 


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