Q&A: Can My School District Require My Child to Take Medication in Order to Attend School? by Ira M. Fingles, Esq.

Parents of a child with a disability are sometimes told by school districts that they must medicate their child before he/she can attend school or participate in a particular class or activity. Some districts go even further, telling parents that they will not provide the programming and services their child needs, such as counseling or behavioral therapy, unless the parents agree to give their child medication. Often, districts are requesting that the student be medicated in order to mitigate behaviors or an inability to focus.  

Q: Can my school district require that my child take medication?

A: No. It is a violation of the state and federal laws governing special education for a school district to mandate that a child receive medication as a requirement for enrollment, a condition of attendance, or a condition of receiving services. Additionally, a student cannot be denied attendance during periods of medication adjustments, like decreases or increases in a particular medication, changing from one medication to another, or discontinuing use of a given medication.

State and federal laws also prohibit school districts from requiring that a child take medication. Rather, districts must make reasonable accommodations to educate a child with a disability.

Under all of these laws, districts must provide appropriate therapies, such as counseling, speech and language therapy, occupational therapy, physical therapy, behavioral therapy, and social skills counseling to help meet the individual needs of a student with disabilities. These approaches are to be attempted first. Medication is considered a last resort, because of side effects and inherent risks.

Q: Can my school district refuse to dispense medication during school hours?

A: No.  Districts must administer medication during school hours if a child requires such medication to function within the school setting. Further, districts must provide reasonable accommodations for dispensing such medication during school hours.

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