Legal Rights of Children with Epilepsy in School & Child Care

The Special Education Process for Children with Epilepsy: The Individuals with Disabilities Education Act (IDEA)
racially or culturally discriminatory, must be provided in the student’s native
language or mode of communication, and must be in the form most likely to
provide accurate information about what the child knows and can do
academically, functionally and developmentally, unless it is clearly not feasible
to provide or administer the assessment in such a form.
Additionally, assessments must accurately reflect what the test is supposed to
measure and not the student’s impaired skills, unless that is the purpose of the
test. 34 C.F.R. 300.304(c). For example, a cognitive psychological assessment
of a student with epilepsy must be administered in a manner that takes into
account the side effects caused by student’s seizure medication, which may
cause the student to work more slowly than would otherwise be expected;
otherwise, the assessment will measure the student’s impaired skills rather than
his or her true cognitive level. Additional evaluation requirements apply for
students suspected of having learning disabilities. 34 C.F.R. 300.307-309. 29
4.11Q: What is the timeline for evaluation?
A: Evaluations must be conducted within 60 days of receipt of parental consent or
within the timeline established by state law. 20 U.S.C. 1414(a)(1)(C)(1)(i); 34
C.F.R. 300.301(c)(1)(i).
4.12Q: Are there requirements for reevaluating students who have been receiving
special education?
A: Yes. A student must be reevaluated at least once every three years unless the
parent and the school district agree that a reevaluation is not necessary. A
student must be reevaluated sooner if the district determines that the educational
or related services needs of the student, including his or her improved academic
achievement and functional performance, warrant reevaluation or if the parent or
the student’s teacher requests reevaluation. The student should not be
reevaluated more than once a year unless the parent and district agree otherwise.
34 C.F.R. 300.303.
When a student is reevaluated, the team must review existing evaluation data
and obtain input from the student’s parent. The team must decide if additional
data are needed to determine if the student continues to have a disability, to
determine the student’s educational needs and if he or she continues to need
special education and related services. If so, the team must then determine if any
additions or modifications are needed to the student’s special education and
29 Many districts and states are now in the process of developing a Response to Intervention framework for
identifying students with learning disabilities. Under this model, all children are screened to identify those
who may be at risk for learning problems, and those who are at risk receive interventions prior to being
referred and assessed for special education. The IDEA does not mandate Response to Intervention but
displays a clear preference for it over the traditional method of determining if a student has a discrepancy
between his or her performance and potential. 34 C.F.R. 300.307.
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