Legal Rights of Children with Epilepsy in School & Child Care

Legal Rights of Children with Epilepsy in School and Child Care
people she doesn’t recognize, and she has been administered medications other than those
she usually takes, which have left her sedated. Deena’s mother has been unable to
negotiate an exception to the school district policy, and she seeks legal assistance. The
issue is particularly pressing, as she is facing the loss of her job because she has missed
so much work as a result of her many trips to the school. Her supervisor has told her that
if she leaves work one more time, she will be fired. Deena’s mother seeks legal
assistance; she is desperate and cannot even take time off from work for meetings with
school personnel or her legal representative without risking her job.
Discussion and Possible Advocacy Strategy: This is clearly an urgent case; even if
Deena were to be transported to the emergency room, her mother would have to leave
work to go to the hospital and would likely lose her job, so the issue has to be resolved in
a way that allows Deena to receive the medication and remain at school without 911
being called and without emergency room transport. The following strategy might prove
helpful in approaching Deena’s case:
1) Confirm that the medication/911 policy is a district policy, rather than a school
policy. Obtain a copy in writing and review it carefully. If it is not in writing, it will be
easily challengeable. If it is in writing, when was it written? What is the basis for calling
911? Does it explicitly address students with chronic seizures? Does it permit any
exceptions?
2) Contact the school district’s special education director, health services
supervisor, and attorney and set up a meeting as soon as possible. Before the meeting,
share a summary of Deena’s case as well as information about the safety of the
medication.
3) At the meeting, offer additional training for the staff at Harmony Heights, which,
as a separate special education school serving children with multiple developmental
disabilities, should already be well trained in seizure management. Reiterate the
information concerning the safety of the medication. Make clear how harmful emergency
room visits are for Deena. Discuss the impact on Deena’s mother of her frequent visits to
the school to decline transport to the emergency room for Deena. If the district staff are
still not convinced, make it clear that applying this policy on a blanket basis is counter to
the individualized consideration required by the IDEA and Section 504, and that, as such,
it will be challenged.
4) If necessary, contact the state department of education and seek assistance in
trying to resolve this matter.
5) Depending on the jurisdiction, it may be necessary to exhaust administrative
remedies before going to court; therefore, you might need to file a due process hearing
request before you can turn to court for recourse.
108