This information has been kindly provided by the Learning Difficulties Coalition of New Zealand (LDCNZ). PLEASE NOTE: Again this material should not be taken as an exhaustive statement of the law. Consult legal advise before taking any action.

The administering of medication in schools is a highly contencious issue. Some schools have refused to take responsibility for ensuring that a child takes or is given their medication. Recently (February 1999), however, lawyers from YouthLaw (Inc.) provided their legal opinion on this issue:

"As recent controversy has largely surrounded the administration of the drug methylphenidate ("Ritalin") to allow for the management of Attention Deficit Disorder or Attention Deficit Hyperactivity Disorder in schools, we have specifically addressed issues relevant to these conditions in this opinion."

"Failure to administer prescription drugs may put a school in breach of both the Education Act 1989, and the Human Rights Act 1993, and also in breach of its common law duties."

"Under section 21 (1) of the Human Rights Act, prohibited grounds of discrimination include:
...(h) Disability means...
(iv)Intellectual or psychological diability or impairment.
(v) Any other loss or abnormality of psychological, physiological, or anatomical structure or function...".

"We consider that ADD/ADHD is a disability under the terms of section 21 (1). If drug treatment is considered necessary to allow students to participate fully in education despite their disorder, then the refusal to administer this treatment could have the effect of preventing them from having equal access to education, which is prohibited under section 57. Because of the operation of section 65, refusal to medicate students could be a breach of the Human Rights Act 1993."

"Common Law Principles - A school has a legal duty of care for students at Common Law, and is responsible for minimising the risk of injury or harm to them. It may be that a refusal to administer medication puts a child or young person at risk of harm, or increase the likelihood that he or she will harm another student. A school could be legally liable for such harm if it could be shown to have resulted from a medical decision which a school was not properly qualified to make."

"Therefore we suggest that if a school refuses to medicate children while they are in a school's care, this could be seen as a breach of common law duty to take responsibility for its students."

This information was copied from the fantastic little handbook on ADHD supplied to us by the The Learning Difficulties Coalition of New Zealand (LDCNZ). For a full copy of the Education Act 1989, Click here! For a full copy of the Human Rights Act 1993, Click here!