Legal Rights of Children with Epilepsy in School & Child Care

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What are the Legal Rights of Children with Epilepsy in the Child Care Setting? 4) Particularly because Joyful Children is part of a chain of child care centers and, therefore, has more resources than a sole provider, it is quite likely that Ashley’s mother would be able to make a successful argument that Joyful Children has discriminated against Ashley if the center continues to refuse to administer emergency medication. She could file a complaint under the ADA with the Department of Justice or pursue a claim in court. Case Scenario 3 — Private After-School Child Care Program on School Grounds Teddy is a six-year-old child with epilepsy and cerebral palsy. He is fully included in a first-grade class in his local elementary school. His parents tried to enroll him in “Busy and Safe Kids” (BASK), an after-school child care program run by a small private agency on the grounds of his school. Teddy is mobile with a walker or crutches, but he is not toilet trained. BASK has refused to accept him because of his toileting needs and because it has a “no medication” policy, and Teddy needs a dose of his antiepileptic medication after school. Teddy’s parents contact an attorney for legal assistance. Discussion and Possible Advocacy Strategy: As a private program, the BASK program is subject to Title III of the ADA and cannot reject Teddy simply because he needs medication after school. A reasonable accommodation of his epilepsy would be to modify the “no medication” policy or to make an exception for Teddy so that he can attend the program and receive his afternoon dose of medication. With regard to his toileting needs, whether changing his diapers is a reasonable accommodation will depend on whether the program provides diapering or toileting assistance to any other children in the program. For example, since BASK is located at an elementary school, if the program is open to preschoolers who might be attending the school, it is possible that staff are providing diapering or toileting assistance to these younger children. If this is the case, then the program will need to provide such assistance to Teddy as a reasonable accommodation. If the program does not provide diapering or toileting assistance, then Teddy would still be entitled to the assistance as a reasonable accommodation if the assistance does not fundamentally alter the program. The following strategy may be of assistance to Teddy’s parents and their attorney: 1) Arrange a meeting with the director of the BASK program to explain what Teddy needs beyond the standard care provided to all children in the program. It is likely that in the three-hour period Teddy is in after school care each day, his extra needs would be limited to one administration of oral medication and one diaper change. These needs should be easily accommodated. 2) If the director continues to be resistant, try to facilitate a meeting or conversation between the BASK director and the school staff who work with Teddy during the school day. School staff should be able to allay any concerns the BASK director has about administering medication to Teddy or about the time involved in addressing his toileting needs. 35
Legal Rights of Children with Epilepsy in School and Child Care 3) If necessary, file an ADA discrimination complaint with the Department of Justice or pursue a private lawsuit. Case Scenario 4 — Public After-School Child Care Program on School Grounds Same facts as in Case Scenario 3, but the after-school program that Teddy’s parents wish to enroll him in, “Children in Action” (CHIA), is jointly operated by the school district and the county department of parks and recreation. Discussion and Possible Advocacy Strategy: Because CHIA is operated by public agencies, the program is subject to Section 504 and Title II of the ADA. The strategy outlined in Case Scenario 3 would still apply, but if a discrimination complaint is filed, the complaint should go to the designated enforcement agency, rather than to the Department of Justice. Nine federal agencies are designated to investigate disabilityrelated discrimination complaints filed against state and local government programs under Title II of the ADA. In addition, under Section 504, these agencies investigate complaints involving the programs they fund. Complaints about public child care programs most likely should be filed with the U.S. Department of Health and Human Services or the Department of Education. For more information, see http://www.usdoj.gov/crt/ada/investag.htm. 36
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
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Page 9 and 10: 4.35Q: What happens if a parent dis
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Page 17 and 18: ABOUT THE AUTHOR Leslie Seid Margol
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Page 33 and 34: What Laws Apply to Children with Ep
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Special Education and Students with
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Legal Rights of Children with Epile
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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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