Legal Rights of Children with Epilepsy in School & Child Care

Special Education and Students with Epilepsy: Specific Issues
6.6Q:
What are the obligations of a school district with respect to a student who
has a vagus nerve stimulator (VNS)?
A: The definition of “related services” excludes a medical device that is “surgically
implanted, the optimization of that device’s functioning (e.g., mapping),
maintenance of that device, or the replacement of that device.” 34 C.F.R. 300.34
(b)(1). While this provision is primarily geared to cochlear implants, it is also
applicable to VNS units, which are surgically implanted. What this provision
means is that school districts are not responsible for the implantation of a VNS
device, the programming or maintenance of the VNS, or the replacement of the
VNS if it needs replacement.
However, the regulations also contain a provision that makes clear that a school
district has the responsibility to monitor and maintain medical devices that are
needed to “maintain the health and safety of the child, including breathing,
nutrition, or operation of other bodily functions….” 34 C.F.R. 300.34(b)(2)(ii).
The magnet swiping that may shorten or abort a seizure might be considered
part of the monitoring function or it may be analogized to medication
administration. However it is characterized, it is a service that must be
performed by school district personnel.
6.7Q:
Must a school district ensure that a person is available who can administer
emergency medication to a student with epilepsy during the school day?
A: Yes. See Chapter 7 for information about this topic.
6.8Q:
Must school staff call 911 whenever a student with epilepsy has a seizure?
A: No. The IDEA does not contain any provisions regarding 911 contact for
students with any type of disability. Many state departments of education or
local school systems have a policy requiring that 911 be contacted if a student
has a seizure or if he or she receives emergency medication. However, these
policies do not necessarily distinguish between students who have seizure
disorders and have seizures frequently, and those who experience seizures only
rarely. For a student with epilepsy, a policy of contacting 911 whenever he or
she has a seizure makes little sense, and it can be disruptive and detrimental to
the student for a variety of reasons. For instance, it frequently may result in
unnecessary trips to the emergency room, which can be traumatic and can
expose the student to illnesses suffered by other people in the emergency room.
Emergency room visits can also result in missed time from school and
significant expense to the parents for the cost of paramedics and transport. It is
helpful to the student if his or her parents and the IEP team or Section 504 team
are able to discuss this issue and work out a common-sense resolution that sets
out the parameters under which 911 needs to be called, so that calls are made
only when truly necessary.
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