Legal Rights of Children with Epilepsy in School & Child Care

Legal Rights of Children with Epilepsy in School and Child Care
related services to enable the student to meet the measurable annual goals set out
in his or her IEP and to participate, as appropriate, in the general education
curriculum. 34 C.F.R. 300.305.
4.13Q: What happens if parents disagree with an evaluation that has been done by
the school district?
A: Parents may request an independent educational evaluation at public expense.
The school district must either ensure that the evaluation is provided at public
expense or initiate a due process hearing, at which the district will have the
burden of proving that its evaluation is appropriate and, therefore, that it should
not have to fund an independent evaluation. The district must either initiate a
hearing or pay for the independent evaluation “without unnecessary delay.” 34
C.F.R. 300.502. The district may ask parents why they disagree with the
district’s evaluation, but parents do not have to provide a reason, and the district
cannot delay payment or its due process hearing request if parents do not
provide a reason. Parents are entitled to only one independent educational
evaluation at public expense each time the school district conducts an evaluation
with which the parents disagree. 34 C.F.R. 300.502.
4.14Q: Does a school district have to adopt an independent evaluation obtained by
parents at their own expense?
A: No, but the IEP team must “consider” the evaluation. 34 C.F.R. 300.502 (c)(1).
The law does not define “consider,” but a common-sense interpretation is that
the team must review the evaluation and have a meaningful discussion about the
recommendations.
4.15Q: Is epilepsy an identified disability under the IDEA? If not, how would a
child with epilepsy be identified as needing special education?
A: Epilepsy is not specifically listed in the IDEA as a standalone disability that
qualifies students for special education. However, epilepsy is listed in the
definition of “other health impairment” in the IDEA’s regulations at 34 C.F.R.
300.8(b)(9):
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limited strength, vitality, or alertness, including a heightened alertness to
environmental stimuli, that results in limited alertness with respect to the
educational environment, that —
(i) Is due to chronic or acute health problems such as asthma,
attention deficit disorder or attention deficit hyperactivity
disorder, diabetes, epilepsy, a heart condition, hemophilia, lead
poisoning, leukemia, nephritis, rheumatic fever, sickle cell
anemia, and Tourette syndrome, and
(ii) Adversely affects a child’s educational performance.