Legal Rights of Children with Epilepsy in School & Child Care

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Special Education and Section 504 5) Alternatively, consider filing a request for a due process hearing. Although due process hearings are not required under Section 504, school districts are required to have a hearing process in place if parents wish to use an administrative hearing process for resolution of disputes. 83
CHAPTER SIX Special Education and Students with Epilepsy: Specific Issues 6.1Q: May school staff require that a student with epilepsy wear a helmet to keep him or her safe in case of a seizure? A: No. School staff may not simply force a student with epilepsy to wear a helmet for safety reasons without going through the IEP process. If school staff believe a helmet is necessary, the IEP team can discuss the issue and propose to add the helmet to the student’s IEP. There should be medical justification for the helmet, based on an individualized evaluation of the student. If the student’s parents disagree with the use of the helmet, they can appeal. It is important to note that use of a helmet does not have to be an all-or-nothing endeavor, however. It may be that narrow and judicious use of a helmet in certain circumstances, such as outdoors for a student with unpredictable drop seizures, is appropriate, but indoors, use of the helmet is not necessary. If a helmet is used, the specific circumstances when it may be used should be clearly specified on the student’s IEP. The helmet should be used only when necessary so that the student is able to participate in educational activities safely. 43 6.2Q: May school staff require that a student with epilepsy be strapped into his or her classroom chair for safety or any other reasons? A: No. Strapping a student into a chair is a restraint, and parents should be wary of a request by school staff for permission to do so, even if it is couched in language about the student’s safety. The regulations implementing the IDEA at 34 C.F.R. 300.320(a)(4) require IEPs to include a statement of the special education and related services, including supplementary aids and services “based on peer-reviewed research to the extent practicable,” that will be provided to a student. Parents can ask for the peer-reviewed research that supports strapping a child with epilepsy into a chair for safety or other reasons; it is unlikely that school staff will be able to produce any research to support their position. Additionally, parents can seek to ensure that equipment such as special positioning chairs or other devices that may be used with their children be used only for the purpose intended by the manufacturer, and that use of such equipment and the purpose for which it will be used be specified in the IEP. If a parent is willing to agree to a restraint or to the use of a safety device, it should be included on the student’s IEP. 43 See, e.g., South Vermillion Community School Corporation, Indiana State Educational Agency, 1262.01 (October 2, 2002), 37 IDELR 270 (upholding helmet for child with epilepsy because it was part of an agreed upon IEP, even though parents sought to challenge its use.) 84
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AN ADVOCATE’S MANUAL AN ADVOCATE
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User is hereby granted permission t
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CHAPTER TWO What Laws Apply to Chil
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Case Scenarios ....................
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4.35Q: What happens if a parent dis
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5.20Q: 5.21Q: 5.22Q: Does a school
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Case Scenarios ....................
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8.20Q: May a party appeal a due pro
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ABOUT THE AUTHOR Leslie Seid Margol
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Legal Rights of Children with Epile
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CHAPTER TWO What Laws Apply to Chil
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What Laws Apply to Children with Ep
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Activity Restrictions _____________
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The following form is to be complet
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8301 Professional Place, Landover,
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Myoclonic seizures: Seizures in whi
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(Student’s name) needs assistance
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7. FIELD TRIPS AND EXTRACURRICULAR
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APPENDIX C: SCHOOL SEIZURE ACTION P
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Seizure Observation Record Student
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SAMPLE COMMUNICATION FORM FOR STUDE
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SAMPLE COMMUNICATION FORM FOR STUDE
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APPENDIX E: SELECTED STATE LAWS ON
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Selected State Laws on School Medic
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Legal Rights of Children with Epilepsy in School & Child Care

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