Professional discretion and acting in the best interest of the child affords school district officials options to unravel the snags created by their own protocols and policies webs. What happens when a school district doubles down behind flawed policies? What recourse exists for parents? In this episode, Doc shares an authentic case study from his special education legal issues course. Would you ban a kindergarten student with epilepsy from attending school because of her doctor-prescribed CBD oil? THE CASE (The following is copied from Rogoway Law Group, 2018). “Brooke Adams is a five-year-old girl diagnosed with Dravet Syndrome, a rare and severe form of epilepsy. Brooke currently uses medicinal cannabis-derived CBD oil to significantly reduce the frequency of seizures and medicinal cannabis-derived THC oil as an emergency medication to quickly stop seizures once they start. Brooke obtains both oils pursuant to a valid recommendation from a licensed physician. The Rincon Valley Union School District refused to place Brooke on a District campus because it alleged that her medication is not permitted on a school campus or school bus under both state and federal law; instead, in April 2018, the District offered to Brooke an individualized educational program (“IEP”) that included only one (1) hour of home-based schooling each day.” SPECIAL EDUCATION DUE PROCESS HEARING. Under the Individuals with Disabilities Education Act (“IDEA”), schools are required to ensure that all children with disabilities have access to a free appropriate public education (“FAPE”) that emphasizes special education and related services designed to meet the child’s unique needs. When a parent believes that their child has been denied FAPE (in this case, the parents believed the school district was required to educate Brooke with her peers), they can pursue what is known as a “due process hearing” that compels the state’s department of education to investigate and then rule on findings of whether the school district violated the students procedural rights, failed to provide FAPE, and also the remedy. The special education due process hearing essentially is a trial including lay and expert witnesses, exhibits, testimony, and briefs filed by the parties. Schools are always represented by an attorney, often via their errors and omissions insurance policy. Parents can retain an attorney or represent themselves. IS CBD OIL ILLEGAL IN SCHOOLS? This varies from state to state, but CBD oil is typically not illegal in schools. However, schools can create policies that ban CBD oil - including CBD oil prescribed by a physician. REASONS WHY DISTRICTS BAN CBD OIL. CBD oil is a slippery slope as it cannot, per federal law, contain more than .3 percent THC (tetrahydrocannabinol). Anything with more THC is considered a schedule 1 drug by the Drug Enforcement Administration and is federally illegal. CBD oil is not sold through typical state-regulated pharmacies. The purity and level of THC in the product is regulated by the manufacturers and sellers, not the FDA. The methods for measuring the level of THC might not be uniform across manufacturers. School staff can test if CBD oil contains THC, but they wouldn’t be able to determine the percentage of CBD. A school nurse, or designee, administering CBD oil that somehow contained more than .3 THC would be, in fact, committing a schedule 1 federal drug offense! A school nurse could lose his license! WHY IS THIS A PROBLEM? The Department of Education at the state level is unwilling to give clear guidance on the administration of CBD oil prescribed by a doctor. Instead, state agencies offer vague guidance and direct districts to consult their own legal counsel to inform a stance on the matter. DISCRETION AND ACTING IN THE BEST INTEREST. School officials had options to remedy this situation before it landed on the judge’s desk. One course of action would have been to modify the school’s board of education policy to permit the administration of CBD oil with a doctor’s order. Another plan might have involved working with the manufacturer of the CBD oil to become better informed, and confident in, the monitoring for THC in the end product. Ultimately, the state should have made a clear ruling affirming the use of CBD oil in school and to hold harmless staff for administration of CBD oil that might contain trace amounts of THC. What would you have done? RULING. The judge ruled that Rincon Valley Union School District had denied 5-year-old Brooke Adams a “free and appropriate public education” in the “least restrictive setting” — which federal special education law requires. Hooray, Brooke went to school! SAFETY DOC WEBSITE, BLOG & BOOKS: www.safetyphd.com. The Safety Doc Podcast is hosted & produced by David P. Perrodin, PhD. This podcast and blog post represent the opinions of David P. Perrodin and his guests to the show. This is episode 198 of The Safety Doc Podcast published on 12-13-2022.
Purchase Dr. Perrodin’s Books:
License Plate Readers in Schools | An Added Layer For Campus Security or Rights Violation? | SDP202
Perfect Attendance Can Win High School Students A New Car | What Do You Think? | SDP201
Bystander Effect | Why Are We Unwilling To Help When Others Are Watching? | SDP200
Opioid Emergencies in K-12 Schools | Community and Legal Considerations | SDP199
Bank Account Voting System | Transparent Solution to Election Integrity | Guest Lee Jarvis | SDP197
Seven School Safety Exercise Objectives That Actually Help Teachers, Police, Fire, and EMS | SDP196
The Meteoric Rise of High School Esports | What You Need to Know | Guest Mike Dahle | SDP195
The Law of Necessity | Good Samaritan Considerations | Guest Attorney Lisa Linney | SDP194
Citizen’s Arrest - What You Should Know | Your Jury Trial Rights | Guest Attorney Legalman | SDP193
Should Teachers Be Armed? | High School Trap Teams | Guest Competitive Shooter Bending Ballistics
What It Was Like to Present Live School Safety Specials on PBS TV | Never Do This One Thing | SDP191
Fitness in Chaotic Times | What Really Motivates Us | Fitness Professional Megan Usui | SDP190
School ‘Swatting’ Skyrocketing in America | What Is It? | What Can Be Done to Stop It? | SDP189
Peggy The Comfort Pig | Animals in Schools | BOE Policy and ADA Considerations | SDP188
I Failed My PhD Dissertation Defense | Priest Prepared Last Rites | SDP187
Decision Making Up in the Air | Pilot Graham Wilson | The DECIDE model | SDP186
Bill Would Ban Cellphones in Schools | 7 Reasons For and 7 Against Cellphones in Schools | SDP185
Lost Person Behavior Facts | 4 Ways to Make it Easier to Be Found | SDP184
$50K Bonus for Teachers | Unpacking Educator Free Agency | SDP183
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