Ritalin Bill Advances; Some Call It Unneeded

'Ritalin Bill' Advances; Some Call It Unneeded

By Amy Joi Bryson Deseret Morning News February 05, 2005

A Utah lawmaker wants to make sure if parents refuse to "drug" their children for mental illness, the schools can't punish them by refusing to let them attend class.

A committee of his colleagues agreed with his efforts, voting Wednesday to advance HB42 by Rep. Michael Morley, R-Spanish Fork.

Opposed by the three Democrats on the House Law Enforcement and Criminal Justice Committee, the "Ritalin bill" is intended to reinforce a state rule already in place that prohibits educators from making medication a condition of schooling.

Because that rule is in place, state education officials say it is unnecessary to put it into law, asserting there has been only one complaint over the issue in the past two years.

Ritalin and other drugs may be prescribed to attack such childhood mental illnesses as attention deficit disorder or attention deficit hyperactivity disorder, conditions that include decreased ability to stay on task and highly impulsive behavior that can disrupt the classroom.

Morley said the complexities of mental illness make it difficult to diagnose and teachers should not be able to restrict educational freedom because of a parent's refusal to seek treatment for their child.

He was supported by Daren Jensen, at the center of a parental rights controversy two years ago when the state sought custody of his son Parker over his refusal to comply with doctors' wishes for chemotherapy treatment.

"I had a fourth-grade teacher who couldn't stand me because of my behavior, because I hated math," Jensen said, adding as a result he was put into special resource classes.

"If I had had the wrong teacher, where would I be if I had been required to go on Ritalin or some other behavior substance for lack of doing the work?" he asked.

Critics, however, say the measure perpetuates a chilling effect on teachers' ability to communicate freely with parents about behavioral problems, particularly those that might involve a medical professional.

Morley said his bill does not restrict that communication but rather assures that parents are brought into the process and the choice is left to them.

Teachers may not demand a child receive medication as a condition of going to school, but may make suggestions for seeking medical advice, according to the rule.

"I don't want that type of diagnosis made by the school system," Morley said. "These drugs have a lasting, lifetime impact on the child. It may be for good, or it may not," he said, adding that many of the medications remain experimental.

However, Fraser Nelson, executive director of the Disability Law Center, said the measure attempts to solve a problem that does not exist.

"It is unnecessary," Nelson said. "Teachers do not prescribe drugs. Physicians prescribe drugs."

A survey of cases over the past decade shows there had been no case the center had handled related to this issue and that generally, parents want to get help for their children, Nelson said.

Source: Deseret Morning News

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