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Drug and Alcohol Abuse by
Students with Disabilities
By Heidi B. Konkler-Goldsmith, Esquire
&
Jennifer Lukach Bradley, Esquire
While students with disabilities are typically
no more likely to use or abuse alcohol or drugs than their
non-disabled peers, the needs of students who are disabled and
dependent on alcohol or drugs can be significantly more complex to
address. Although drug and alcohol dependency is not considered a
disability under the IDEA (Individuals with Disabilities Education
Act) or Section 504 of the Rehabilitation Act, a student’s alcohol
or drug use does not unilaterally exclude him or her from referral
for assessment of eligibility for special education and related
services. Moreover, school districts may not exclude students from
special education services on the basis of their addiction.
For all students in Pennsylvania, school
districts are required to provide a comprehensive tobacco, alcohol
and drug program which includes instruction in the classroom. In
addition, school districts should have a Student Assistance
Program, sometimes referred to as a SAP team, designed to identify
students who may be experiencing problems, including alcohol, drugs
and other problems, which are affecting their school performance.
Once a student is identified as at risk or in need of support,
school personnel can draw on school resources to assist the
student, and, where the problem is more extensive than can be
managed with school level resources, aid the parent and the student
in accessing services within the community. Parents have a right to
be involved in this process and to have full access to all of their
child’s school records under applicable state and federal laws and
regulations.
For students who are disabled and dependent,
school districts should also ensure interagency collaboration at
the students’ Individualized Education Plan (IEP) or Section 504
team meeting by including the dependent students drug and alcohol
treatment providers. Specifically, IEP or Section 504 team members
should consider, where appropriate:
- Referring students
for a psychiatric evaluation to determine any emotional issues
connected to the drug or alcohol use;
- Conducting a
functional behavior assessment with regard to the underlying
emotional triggers of the usage;
- Counseling services;
- Psychological
services;
- Family training; and
- Placement in a
program or alternative school with an integrated treatment model
for drugs and alcohol.
This interagency collaboration is critical. By
making certain all of the students’ providers respond to underlying
problems or behavior related to drug or alcohol use in a consistent
manner, disabled and dependent students stand the best chance of
achieving educational success.
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