QUESTION

Can a kid always be guilty of what he is blamed for, based on his "track record"?

Asked on May 30th, 2012 on Education Law - New Jersey
More details to this question:
I am having trouble with my 9 year old''s school because he constantly gets in trouble. He was diagnosed w/ ADHD and ODD. I have done many things, including counseling and Special Ed, to try to curb his behavior. This school year my son has been accused of hitting other kids, although he denies it, when I speak to the principal he always says he has to believe the other kids because they have never been in trouble but my son has. It is difficult because I feel as if he is building a file against him and I cannot defend my son because he has been in trouble before. I have written letters to the school about some other issues but I don''t know what else to do. I feel like the principal is trying to pressure me to put my son on medication by telling me that "I know deep down these other things won''t work so I know what I have to do". The only way to keep him off my back is by telling him I am considering meds, which I am truly not ready for. What else can I do?
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1 ANSWER

Elder Law Attorney serving Toms River, NJ
Partner at Diana L. Anderson
2 Awards
Counseling for behavioral issues won't work, there needs to be a plan put into place so that your son's good behavior is rewarded, and he is encouraged to make better decisions.  You should also be asking the school for a manifestation determination - meaning a specific determination that your son's behavior is not a manifestation of his disability.  Unfortunately, hitting other students is an impulsive type of behavior that often goes along with ADD and ADHD.  Instead of punishing him, or trying to get you to try medications, they need to work on giving him the skills to avoid impulsive behavior and to work on impulse control.  If they have done all of that, and its still not working, then they might be right in suggesting the medication, but not in lieu of medications.  If your son is in special education, he needs to have a behavior plan in place, not just an educational plan.  You should tell the school that they need to set goals and objectives for your son's behavior, and then figure out how they are going to accomplish those goals and objectives, and set a time for each goal to be accomplished, and if all of that STILL doesn't work, then you will be willing to discuss the possibility of medication with them, but not at this time, before other things have been tried.
Answered on May 30th, 2012 at 1:45 PM

Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship

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