Bell & Schneider, PLC

Ritalin Controversy Continues

How far can school districts and family courts intrude in trying to temper the classroom behavior of a seven-year-old boy diagnosed with attention deficit/hyperactivity disorder (ADHD)?

In Albany, New York, the answer has sparked outcry and debate over a judge's decision, in response to the school district's petition, to pressure the child's parents to give him the controversial stimulant Ritalin. Some believe the judge's handling of the case exceeds judicial authority and raises serious questions about privacy rights.

After causing frequent disruptions at school, the boy was examined by a psychologist, who diagnosed attention deficit disorder and hyperactivity. A psychiatrist then prescribed the medication, which the youngster took for a period of time. More than 3.8 million school-age children – mostly boys – are affected by ADHD/ADD, and Ritalin (methylphenidate) has been prescribed for an estimated 1 million of them. Use of the drug to calm children has been the focus of intense debate for some time. Opponents say many school districts use the ADD diagnosis to tranquilize otherwise high-spirited students, to make the classroom environment easier for teachers.

Although the boy's classroom behavior improved, his parents noticed side effects taht are widely associated with Ritalin, such as sleeplessness and loss of appetite. They decided to take their son off the drug for a few weeks to see whether the symptoms were indeed related. That resulted in a visit from child protective services and the school district's charge of 'educational neglect.'

At the end of the court hearing, the judge ordered the parents to resume administering the drug or to address the ADHD condition in some other way. Many see the case as a 'Brave New World' scenario in which the court overstepped its bounds by, in effect, compelling a particular medical regimen in a situation that was clearly not life-or-death.

For more information about individuals with Disabilities Education Act, contact your lawyer.

Home | Intro | Résumé | Newsletter | Links | Contact