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2004-06-08 Home Front: Culture Wars
Bureaucrat Thugs Bully Father For Removing Son off Ritalin
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Posted by BigEd 2004-06-08 5:20:22 PM|| || Front Page|| [3 views since 2007-05-07]  Top

#1 If you ever wondered what happened to all the "liberal arts" majors in college, they went into social services where the could satisfy their need to feel superior to everyone and to boost their self-esteem by bullying other people. The only moral difference between most of these people and the SS is the black uniform.

These people were self-righteous, self-aggrandizing, self-inflating morons in college, they got worse when they found they could get paid for playing with other people's lives. They are lower than cockroaches because at least cockroaches have a purpose in the scheme of life.
Posted by Random thoughts 2004-06-08 7:14:09 PM||   2004-06-08 7:14:09 PM|| Front Page Top

#2 nice part is they get paid shit
Posted by Frank G  2004-06-08 7:15:49 PM||   2004-06-08 7:15:49 PM|| Front Page Top

#3 More than they're worth.
Posted by Random thoughts 2004-06-08 7:18:34 PM||   2004-06-08 7:18:34 PM|| Front Page Top

#4 Hopefully, the father will go to a good lawyer. It looks like the LLL doesn’t care about the Rule of Law -- just more fascist extremism of elites trying to manage the masses.

It is not a crime for Daniel to have his needs, or for Daniel and his father to try to find the least restrictive way to deal with those needs. See 34 CFR § 300.550, et seq. As a federal issue, this matter would be governed by the Individuals with Disabilities Education Act Amendments of 1997, 20 U.S.C. § 1400, et seq., § 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, and associated regulations appearing at 34 CFR parts 300 - 304. This federal law trumps state law. 20 U.S.C. § 1403. While addressing somewhat different issues than education, the provisions of the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq., and related regulations also would have some impact on the issue. While a bit complex, at least the following can be said:
These statutes and their enabling regulations contain sweeping prohibitions against practices by public entities that discriminate against persons with disabilities. See, e.g., Section 202 of the Act, 42 U.S.C. § 12132 (no qualified individual . . . shall . . . be excluded from participation . . . or be subjected to discrimination). Furthermore, using EEOC regulations as an example, it is up to Daniel and his father to decide whether to take medication to minimize undesirable psychiatric symptoms, and to consider the consequences of not taking medication. However, medication compliance (in and of itself) is not a reasonable accommodation and, therefore, it cannot form the basis for denying access to school or punishing the father.

Separately, and based directly on the Due Process Clause of the Fourteenth Amendment, the involuntary administration of medication cannot be ordered in the absence of an evidentiary hearing that provides the individual in question with ample notice and a full opportunity to be heard by the decision maker. See, e.g., Riggins v. Nevada, 504 U.S. 127 (1992). Further, the involuntary administration of medication is not permissible when less intrusive alternatives exist. Id. Additionally, Daniel has a right to be placed in the least restrictive environment suitable for his status as a hyperactive (and probably bright, bored out of his mind kid), without being segregated from society as a result of any real or perceived disability. See Pennsylvania Department of Corrections v. Yeskey, 524 U.S. 206 (1998); Olmstead v. L.C., 527 U.S. 581 (1999)(recipients of state services cannot be required to relinquish participation in community life that they could enjoy if given reasonable accommodations).
Posted by cingold 2004-06-08 7:33:56 PM||   2004-06-08 7:33:56 PM|| Front Page Top

#5 Looks like more good work by the foot soldiers of the nanny state.
Send his Ritalin to Al Gore. He needs it more then the kid.

Posted by tu3031 2004-06-08 8:20:45 PM||   2004-06-08 8:20:45 PM|| Front Page Top

#6 There are also new non-stimulant alternatives to Ritalin if the kid really needs it. That said, this is crap.
Posted by remote man 2004-06-08 8:26:25 PM||   2004-06-08 8:26:25 PM|| Front Page Top

#7 I find medicating kids for being kids extremely disturbing. I don't have the numbers to hand, but I recall being shocked by the number of children on Ritalin. The real issue is well meaning parents who listen to supposed experts and give 'mind altering' drugs to their kids. Its clear to me that the problem is not the kids its the system needs to give drugs to kids in order to function.
Posted by Phil B  2004-06-08 8:35:23 PM||   2004-06-08 8:35:23 PM|| Front Page Top

#8 Folks, thanks for all your comments. I hope I was not out of line with my editorializing.

I have a 3-year old son who is most "Rascal-daferous" and my fear is that once he starts school, he may not be well understood by the bureaucratic gestapo. My heart goes out to the father.
Posted by BigEd 2004-06-09 11:44:18 AM||   2004-06-09 11:44:18 AM|| Front Page Top

15:08 BMN
14:40 Antiwar TROLL
11:44 BigEd
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07:55 Mitch H.
03:40 .com
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02:34 Phil Fraering
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