Legal Rights of Children with Epilepsy in School & Child Care

Legal Rights of Children with Epilepsy in School and Child Care
The Role of the Epilepsy Foundation — Legal Guidance and Referrals to
Attorneys
The Epilepsy Foundation of America, founded in 1968, is the national non-profit
voluntary agency solely dedicated to the welfare of the more than three million people
with epilepsy in the U.S. and their families. The organization works to ensure that people
with seizures are able to participate in all life experiences; and prevent, control and cure
epilepsy through services, education, advocacy and research. The Foundation has taken a
leadership role in fighting discrimination affecting both children and adults with epilepsy
since its founding.
In addition to Epilepsy Foundation programs conducted at the national level, local
Epilepsy Foundation offices in nearly 100 communities serve individuals with epilepsy.
These local affiliates advocate on behalf of people with epilepsy to ensure access to
benefits, services and employment; provide information and referral services tailored to
their communities; and sponsor public education campaigns. For more information, go to
www.epilepsyfoundation.org.
Through its Jeanne A. Carpenter Epilepsy Legal Defense Fund, the Epilepsy Foundation
seeks to protect the civil rights of people with epilepsy by promoting education, advocacy
and increased access to legal services. A primary strategy of the Fund is to manage a
technical assistance and attorney referral service for people with epilepsy experiencing
discrimination. The Fund also provides legal support to attorneys that accept its referrals
and to other attorneys nationwide who handle epilepsy-related discrimination cases.
Individuals and their families, who experience epilepsy-based discrimination are invited
to request legal guidance or a referral to an attorney through the Fund’s Web site,
www.epilepsylegal.org, or by calling 1-888-886-EPILEPSY. The lawyers to whom the
Fund refers cases have agreed to provide at least an initial consultation and services to a
maximum of three hours at no cost. Once a referral is made, the lawyer will evaluate a
potential case and advise on the next steps.
The Fund is eager to help families ensure their children have equal access to school and
child care services.
A Note to Non-Attorneys: An Explanation of Legal References Used in this Manual
Throughout this manual there are references to statutes, regulations, court cases and
administrative decisions. While non-attorneys can successfully use this manual without
consulting these references, some understanding of the differences between these sources
is helpful. While the sources referenced here are all important parts of the legal
framework governing the responsibilities of schools and day care programs to students
with epilepsy, some types of legal authorities are more persuasive and more binding on
school districts and child care providers than others. Recognizing the differences between
these sources can be important:
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