Legal Rights of Children with Epilepsy in School & Child Care

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Introduction • Statutes (or laws) are passed by federal and state governments and are binding on schools, districts and child care providers and their employees. An overview of major federal laws relevant in these areas is provided in chapter 2. Federal statutes are cited by the chapter and section in the U.S. Code (U.S.C.), for example, 42 U.S.C. 12133. • Regulations are developed by government agencies to clarify the law and give more detail about their meaning and application. Many of the regulations discussed in this manual were issued by the U.S. Department of Education to implement the federal civil rights laws that protect students with epilepsy and other disabilities. Many states also have regulations that may need to be considered. Federal regulations are cited by the chapter and section in the Code of Federal Regulations (C.F.R.), for example, 34 C.F.R. 104.7(a). • Court cases can affect the rights of students with epilepsy if they result in published opinions. Courts are organized hierarchically, and decisions from higher courts are more likely to be persuasive than decisions from lower courts. For example, the federal court system has three levels: the U.S. Supreme Court; circuit courts of appeal, which are generally numbered and cover different geographic regions of the country; and district courts (trial courts) in each state. Court opinions are legally binding on courts that are lower in the hierarchy than the deciding court. For example, a decision by the federal 9 th Circuit Court of Appeals would be binding on federal district courts in the region covered by the 9 th Circuit, which covers much of the western U.S., but not on district courts in other regions. Even when not binding, however, a court’s interpretation of the law will often be persuasive to another court. The way court cases are cited differs depending on which court the opinion is from, but all case citations in this manual include the abbreviated name of the court and the year of the decision in parentheses. • Administrative decisions are issued by government agencies which have responsibility for investigating individual cases of discrimination. These decisions are only legally binding on the parties involved in the case, and the same agency investigating similar facts in a different case may come to a different conclusion. Administrative decisions may be persuasive to a court, but generally hold less weight than the other types of legal documents discussed above. Most of the administrative decisions cited in this manual were issued by the U.S. Department of Education’s Office for Civil Rights (OCR), but some are issued by state agencies hearing appeals from due process hearings. OCR agreements are only binding upon the subject school district. However, they might be used as a negotiation tool by advocates. Many administrative decisions cited in this manual are published in the Individuals with Disabilities Education Law Reporter ® 3
Legal Rights of Children with Epilepsy in School and Child Care • (IDELR), published by LRP Publications, and are cited by the volume and section number from that publication; for example 34 IDELR 102. These citations also include, in parentheses, the agency that issued the decision (typically OCR) and the year the decision was issued. Although it is not necessary to read these documents in order to effectively use the information contained in this manual, the text of the statutes and regulations cited is generally available on the Internet. A helpful link to statutes and regulations is provided through Cornell University Law School’s Legal Information Institute at www.law.cornell.edu. Although some are available on the Internet or through the Epilepsy Foundation’s Web site, the usual source for copies of cases and administrative 4
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 and 12: 5.20Q: 5.21Q: 5.22Q: Does a school
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Page 15 and 16: 8.20Q: May a party appeal a due pro
Page 17 and 18: ABOUT THE AUTHOR Leslie Seid Margol
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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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