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27 Dev. Mental Health L. 1 (2008)

handle is hein.journals/dvmnhlt27 and id is 1 raw text is: DEVELOPMENTS IN MENTAL HEALTH LAW The Institute of Law, Psychiatry & Public Policy - The University of Virginia Volume 27, Number 1 January 2008 The Tug-of-War Over Attention-Deficit Hyperactivity Disorder: Balancing the Interests of Parents and Schools (and Don't Forget the Kids) By Amanda Slater* and Ronald E. Reeve** 1. Introduction Also in This Issue: Kamela Nelan, Restricting Waivers The diagnosis of attention-deficit hyperactivity of the Presentation of Mitigating disorder (ADHD) and the prescription of Evidence by Incompetent Death ADHD medications, like Ritalin, Concerta, and Penalty Volunteers ............ 23 Adderall, have reached an all-time high in this Developments in the USSC ........ 49 country. The increase in the use of these Developments in Virginia ..... 54 medications among children has fueled an Developments in Other ongoing debate over how to diagnose and Federal Courts ......................... 63 treat ADHD in school-age children. At the Developments in Other States... 68 center of the debate is a controversy over Other Developments ............... 72 what roles teachers, parents, and school administrators should play in identifying and treating students with an ADHD diagnosis. This article contends that teachers and school officials should be able to initiate steps that will lead to the implementation of an educational strategy that addresses the treatment needs of these children. Albeit infrequently, when it can be established that treatment is medically appropriate and consistent with the educational best interests of the child, the initiation of these steps may need to occur notwithstanding the objection of the child's parents. However, it will also be asserted that a far better course is to implement measures that will (1) facilitate parent-teacher discussions of and joint agreement on treatment strategies that will best help students with ADHD achieve educational goals, (2) promote the resolution of disputes between parents and school officials about educational strategies, and (3) encourage input from the child on the best strategy to employ. Part II of this article explains what ADHD is, who it affects, and how it is diagnosed, and examines the different treatment options available to individuals diagnosed with ADHD. Part III outlines the controversy surrounding ADHD medications. Part IV addresses the rights of students and parents to refuse ADHD medication, Part V explains when the state

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