Legal Rights of Children with Epilepsy in School & Child Care

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6.3Q: 6.4Q: 6.5Q: 6.6Q: 6.7Q: May school staff use a leash with a child with epilepsy on community outings for safety or for any other reason? …………………………………...85 Must a school administer antiepileptic medication to a student with epilepsy during the school day? ....................................................................................... 85 What are a school district's obligations regarding maintenance of the ketogenic diet for a student with epilepsy? …………………………………...85 What are the obligations of a school district with respect to a student who has a vagus nerve stimulator (VNS)? ............................................................... 86 Must a school district ensure that a person is available who can administer emergency medication to a student with epilepsy during the school day?........ 86 6.8Q: Must school staff call 911 whenever a student with epilepsy has a seizure? .... 86 6.9Q: Does a school have an obligation to inform the parent of a student with epilepsy if the student has a seizure at school?.................................................. 87 6.10Q: How can effective communication between parents and school staff be established?........................................................................................................ 87 6.11Q: Must parents permit school staff to speak with their child’s physicians? ......... 88 6.12Q: Should students with epilepsy have a health plan at school? ............................ 88 6.13Q: If a student with epilepsy has a health plan at school, does it replace the IEP or Section 504 plan? .......................................................................................... 89 6.14Q: 6.15Q: 6.16Q: 6.17Q: 6.18Q: 6.19Q: Is a student with epilepsy entitled to participate in extracurricular or nonacademic activities? ..................................................................................... 89 What happens if the student with epilepsy needs extra supports or services in order to participate in extracurricular or nonacademic activities?................. 89 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?.................................... 89 What happens if a student with epilepsy needs extra time to complete schoolwork or a test because of seizures or side effects from medication? ..... 90 Must a school modify requirements for academic honors or other recognition programs to take a student’s epilepsy into account?.......................................... 90 Must a school modify its requirements to permit a student with epilepsy to participate on sports teams?............................................................................... 90 ix
Case Scenarios .............................................................................................. 91 Case Scenario 1 - Restraint/Behavior Intervention/Safety Issues ……………………. ..91 Case Scenario 2 - Communication Regarding Seizures at School ……………………..93 Case Scenario 3 - Ketogenic Diet ………………………………………………………94 Case Scenario 4 - Vagus Nerve Stimulator (VNS) and Attendance at School …………95 CHAPTER SEVEN Administration of Emergency Antiepileptic Medication in Schools...... 97 7.1Q: 7.2Q: 7.3Q: 7.4Q: 7.5Q: 7.6Q: 7.7Q: 7.8Q: 7.9Q: 7.10Q: When should emergency antiepileptic medications be administered and which ones are appropriate? .............................................................................. 97 Are school districts required to provide staff to administer emergency antiepileptic medication to students with epilepsy? .......................................... 98 Does the Epilepsy Foundation have a position about the administration of emergency antiepileptic medication?............................................................... 100 Who is allowed to administer emergency antiepileptic medication to students in schools? ........................................................................................ 100 What happens if the school district says that only a nurse can administer emergency antiepileptic medication but there is no nurse available to do so at the student’s school or at a nearby school? ............................................. 101 What if the only person available to administer this medication is located at a separate special education school, but the student with epilepsy can be educated appropriately in a less restrictive setting?............... 102 What if school staff insist on calling 911 whenever a student with epilepsy has a seizure?..................................................................................... 102 What if school staff administer emergency antiepileptic medication but insist on also calling 911 when the student has a seizure? ....................... 103 Are staff required to administer emergency antiepileptic medication to a student with epilepsy who experiences status epilepticus on the school bus?....................................................................................................... 103 Are school staff required to administer emergency antiepileptic medication to a student with epilepsy who experiences status epilepticus on a school field trip?....................................................................................... 104 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? ………………………………………………………..104 x
Page 1 and 2: AN ADVOCATE’S MANUAL AN ADVOCATE
Page 3 and 4: User is hereby granted permission t
Page 5 and 6: CHAPTER TWO What Laws Apply to Chil
Page 7 and 8: Case Scenarios ....................
Page 9 and 10: 4.35Q: What happens if a parent dis
Page 11: 5.20Q: 5.21Q: 5.22Q: Does a school
Page 15 and 16: 8.20Q: May a party appeal a due pro
Page 17 and 18: ABOUT THE AUTHOR Leslie Seid Margol
Page 19 and 20: Legal Rights of Children with Epile
Page 31 and 32: CHAPTER TWO What Laws Apply to Chil
Page 33 and 34: What Laws Apply to Children with Ep
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Legal Rights of Children with Epile
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CHAPTER SIX Special Education and S
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Special Education and Students with
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APPENDIX A: CHILD CARE SEIZURE DISO
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Activity Restrictions _____________
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The following form is to be complet
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8301 Professional Place, Landover,
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Myoclonic seizures: Seizures in whi
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(Student’s name) needs assistance
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7. FIELD TRIPS AND EXTRACURRICULAR
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APPENDIX C: SCHOOL SEIZURE ACTION P
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Seizure Observation Record Student
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SAMPLE COMMUNICATION FORM FOR STUDE
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SAMPLE COMMUNICATION FORM FOR STUDE
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APPENDIX E: SELECTED STATE LAWS ON
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Selected State Laws on School Medic
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Legal Rights of Children with Epilepsy in School & Child Care

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