Legal Rights of Children with Epilepsy in School & Child Care

Legal Rights of Children with Epilepsy in School and Child Care
Many states have statutes, regulations, or policies governing the use of restraints
and seclusion in schools. Attorneys and advocates should familiarize themselves
with any available law. Additionally, many states prohibit the use of corporal
punishment. Arguably, the use of restraint with a student, particularly a student
with a disability, might constitute corporal punishment.
6.3Q:
May school staff use a leash with a child with epilepsy on community
outings for safety or for any other reason? 44
A: The IDEA does not prohibit the use of a leash, but it is a degrading practice, and
it is difficult to imagine how it could possibly help keep a student with epilepsy
safe. Presumably, staff believe that somehow they can prevent a student from
falling to the ground during a seizure if the student is leashed, but unless staff
can produce peer-reviewed research to support this assertion, parents should not
agree to the use of a leash. School staff should consult with the student’s parents
and his or her physicians to determine the most appropriate and least intrusive
means of ensuring the student’s safety in the community.
6.4Q:
Must a school administer antiepileptic medication to a student with epilepsy
during the school day?
A: Yes, a school must administer antiepileptic medication to a student with epilepsy
during the school day if he or she has a doctor’s order and needs the medication
during the school day in order to be able to attend school and benefit from his or
her education. Medication administration is a “school health service,” a related
service under the IDEA. 34 C.F.R. 300.34(c)(13). School health services are
provided by a “qualified school nurse or other qualified person” and are health
services that are designed to enable a student with a disability to receive a free
appropriate public education as described in his or her IEP. See Chapters 4 and 7
for a full discussion of these issues.
6.5Q:
What are a school district’s obligations regarding maintenance of the
ketogenic diet for a student with epilepsy?
A: It is useful to analogize the diet to administration of medication: Schools are
required to administer medication when a student needs physician-prescribed
medication in order to attend and remain in school, but the school is not required
to purchase or provide the medication. Similarly, schools must maintain the diet
as ordered by the student’s physician, but are not required to purchase or provide
the student’s food. A student on the ketogenic diet should have a physician’s
order explaining the diet and its requirements during school hours. The school
district must maintain the diet during school hours by ensuring that a student
eats food and liquids brought from home and does not eat or drink anything not
permitted by the diet.
44 As inconceivable as this situation may seem, it has arisen in at least one situation involving a student
with drop seizures; therefore, the question is included in this chapter.
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