Legal Rights of Children with Epilepsy in School & Child Care

Special Education and Students with Epilepsy: Specific Issues
6.11Q: Must parents permit school staff to speak with their child’s physicians?
A: No, parents do not have to allow school staff to speak with their child’s
physicians, but such communication can be helpful in ensuring that the student
is served effectively and appropriately at school. Permitting such direct contact
is part of the process of establishing a good working relationship between school
and home, and it should work to the benefit of the student. If the relationship
between parents and school staff is strained, however, parents may wish to be
the intermediary between school and physicians and filter all contacts. This can
be time consuming and somewhat difficult, and if possible, parents should
consider permitting school staff to speak with their child’s physicians, even if
they specify the particular physicians, limit the topics, request that they be
notified when contacts are made, or otherwise set boundaries for these
contacts. 45
6.12Q: Should students with epilepsy have a health plan at school?
A: Yes. Students with epilepsy should have a health plan that addresses routine care
and a health plan that addresses emergency care. The routine care plan should
discuss:
1) the types of seizures the student has, along with their frequency and any
needed interventions
2) the medication the student takes, including any medication to be administered
at school with all details, including side effects
3) whether the student needs to comply with the ketogenic diet or other dietary
requirements
4) whether he or she has a VNS, and the assistance needed with that device
5) the role of health care personnel and school staff
6) how communication on a daily basis about the student’s status will occur
The emergency care plan should address what will happen if there is a non-routine
event. Administration of emergency antiepileptic medication and who will
administer it, possible contact with 911, and communication with the family are all
issues that should be addressed in the emergency health plan. See Appendix C for a
sample seizure action plan that can be incorporated into an IEP or a Section 504 plan.
45 See John A. v. Board of Education for Howard County, 929 A.2d 136 (Md. Ct. App. 2007), in which
Maryland’s highest court found that a school district was justified in refusing to administer a student’s
medications, which were clearly an IEP-related service, in light of the parents’ refusal to permit school
district personnel to speak with the student’s physician to obtain clarification regarding his orders. The
school district was concerned about the dosages in light of the student’s lethargy in school and wanted to
speak with the physician prior to continuing to administer the medications as prescribed.
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