Legal Rights of Children with Epilepsy in School & Child Care

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.)
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