Legal Rights of Children with Epilepsy in School & Child Care

Legal Rights of Children with Epilepsy in School and Child Care
rectal injection the student would need in the event of a seizure. Additionally,
the district’s plan called for a privacy drape to be used to shield the student from
the view of others while the medication was being administered.
In school districts that may not be so accommodating, it may be preferable to
explore the possibility of shortening travel time as much as possible, including
by using alternate forms of transportation such as paratransit or taxi. If
necessary, however, the district must ensure that emergency antiepileptic
medication is administered on the bus, as it is a necessary school health service
that makes the related service of transportation safe for the student and enables
him or her to get to and from school and participate in his or her education
services.
7.10Q: Are school staff required to administer emergency antiepileptic medication
to a student with epilepsy who experiences status epilepticus on a school
field trip?
A: Yes. Students with disabilities have a right under both the IDEA and Section 504
to participate in nonacademic and extracurricular activities, in addition to
academic activities, thus the school district is obligated to provide the related
services and the accommodations necessary to ensure that students with
disabilities are able to participate in these activities to the same extent as
students without disabilities. For a student with epilepsy who needs access to
emergency antiepileptic medication in order to be able to attend a school field
trip, the school district must designate a person to attend the trip with the student
who is able to administer the medication if needed.
7.11Q: Are school staff required to administer emergency antiepileptic medication
to a student with epilepsy on a school field trip if the trip occurs on a
weekend?
A: Yes. If the field trip is sponsored by the school district, the district must make
staff available who can administer the medication to the student. The school
district cannot argue that it does not have health care staff available to work on
weekends or that it is too expensive to provide staff, nor can the district charge
the student extra money for the cost of the staff. The district can contract with a
private health services agency if necessary to obtain staff, or it can make
arrangements with its own staff, but if the student wishes to attend the trip, the
district must ensure that the student is able to do so with the necessary services
in place. Although field trips are covered by Section 504, it may also be helpful
to address known trips, e.g., an annual weekend class camping trip or an annual
club trip, in a student’s IEP. This will ensure that there is a clear understanding
that the student will participate, planning will need to occur, and staff will need
to be provided.
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