Legal Rights of Children with Epilepsy in School & Child Care

Legal Rights of Children with Epilepsy in School and Child Care
6.13Q: If a student with epilepsy has a health plan at school, does it replace the IEP
or Section 504 plan?
A: No, the health plan does not replace the IEP or Section 504 plan, but the health
plan should be attached to the IEP or Section 504 plan and become part of it.
6.14Q: Is a student with epilepsy entitled to participate in extracurricular or
nonacademic activities?
A: Yes. A student with epilepsy has the same right that other students with
disabilities do to participate in extracurricular and nonacademic services “to the
maximum extent appropriate.” 34 C.F.R. 300.117. School districts must provide
supplementary aids and services and programmatic modifications and supports
to staff that will enable the student to participate in these activities with other
students with and without disabilities. Section 504 also mandates an entitlement
for participation in nonacademic and extracurricular activities for students with
disabilities along with people without disabilities to the maximum extent
appropriate. 34 C.F.R. 104.34(b).
6.15Q: What happens if the student with epilepsy needs extra supports or services
in order to participate in extracurricular or nonacademic activities?
A: If a student with epilepsy needs extra supports or services in order to participate
in extracurricular or nonacademic activities, the school district has an obligation
to provide these supports and services. 34 C.F.R. 300.320. Such services or
supports might include, for example, late transportation home, a one-to-one
assistant, administration of medication after school, or attendance by health
personnel with a student on a field trip. The activity and the supports necessary
for the student’s participation should be reflected in the student’s IEP or Section
504 plan.
6.16Q: Can a school district charge parents extra money to cover the additional
costs that may be associated with the extra supports or services provided to
enable a student with epilepsy to participate in extracurricular or
nonacademic activities, field trips or similar activities?
A: No. Charging parents extra money for supports and services would be a
violation of the IDEA’s requirement that students be provided a free appropriate
public education. It would also be a violation of Section 504’s mandate that
students with disabilities have equal access to the programs and activities
available to students without disabilities.
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