Legal Rights of Children with Epilepsy in School & Child Care

Legal Rights of Children with Epilepsy in School and Child Care
or a due process hearing, or by filing a complaint with the state department of
education. See Chapter 8 for more information about dispute resolution.
4.9Q: What kinds of assessments might be warranted to determine special
education eligibility for a student with epilepsy?
A: The school district is responsible for using a variety of assessment tools to
determine the functional, developmental, and academic needs of the student. 34
C.F.R. 300.304. See Question 4.10. For a student with epilepsy, it will be
important to first establish that the student has epilepsy. Often, parents provide
medical information to an IEP team regarding their child. Parents may wish to
provide current medical reports from the student’s neurologist and pediatrician,
including a diagnosis, a list of current medications, and any information or
recommendations that relate to the student’s performance or needs in school. An
IEP team must consider any private evaluations provided by parents, although
the team is not obligated to adopt the findings or recommendations of the
evaluation.
If the IEP team chooses not to accept the reports provided by the student’s
parents, the school district will be responsible for obtaining its own medical
evaluation of the child. Medical services are included as a related service in the
IDEA for “diagnostic or evaluation purposes” and are defined as “services
provided by a licensed physician to determine a child’s medically related
disability that results in the child’s need for special education and related
services.” 34 C.F.R. 300.34(a) and(c)(5).
It is also necessary to assess the student’s educational performance. A complete
educational assessment is important and perhaps a cognitive psychological
assessment will be warranted as well. It is also important to have a nursing
assessment done if the student’s seizures are not completely controlled and if the
student will be taking medication during the school day. Depending on other
areas of need, assessments for psychosocial issues, speech and language,
functional behavioral issues, occupational therapy, and/or physical therapy
might also be warranted.
4.10Q: What are the requirements for evaluation?
A: The school district must use a variety of assessment tools and strategies to
collect relevant functional, academic and developmental information about the
child. Information provided by the child’s parents must be included in the
assessment. The district may not use a single measure or assessment as the only
criterion for determining whether a student has a disability or determining an
appropriate educational program. The district must use technically sound
assessment instruments that may assess the extent to which cognitive and
behavioral factors, as well as physical and developmental factors, contribute to
the student’s situation. 34 C.F.R. 300.304(b). Assessment tools cannot be
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