Legal Rights of Children with Epilepsy in School & Child Care

Legal Rights of Children with Epilepsy in School and Child Care
• A transition plan, for students 16 and older
• A start date, and the frequency, duration and location of services 32
4.18Q: What are some of the typical special education services that students with
epilepsy might require?
A: Because the hallmark of special education is the individualization of services to
meet the unique needs of a student, it is impossible to list specific services that
should automatically be included on any IEP for a student with epilepsy,
especially because epilepsy affects students in different ways, and many students
with epilepsy do not need special education. However, if epilepsy adversely
affects a student’s educational progress such that the student needs special
education, the student needs programs and services that address his or her
educational needs. The following are questions that should be considered:
• Does the epilepsy affect the student’s progress in reading? Math? Other
academic areas?
• Does the student’s cognitive ability fluctuate depending on seizures and side
effects from medication?
• Does the student have memory impairment from seizures?
• Does the student make progress then regress because of seizures?
• Does the student have particular dietary needs?
• Does epilepsy affect the student’s social relationships in the school setting?
• How old is the student?
• If the student is approaching or is of transition age, is he or she able to
manage medical care independently or is that an attainable transition goal?
• Where will the student live after he or she leaves school?
• What will he or she do during the day?
In addressing these questions, the IEP team needs to consider all aspects of the
student’s epilepsy, including frequency of seizures; level of seizure control;
what happens before, during, and after seizures; side effects of medications,
needed accommodations for homework, testing, and class work; and any needed
restrictions on activities such as physical education or driver’s education if it is
offered at the school. The team then needs to develop a program for the student
that takes these issues into account. The team cannot look at the student’s
disability in isolation but must, rather, develop an IEP for the student that looks
at all of his or her educational needs that stem from the epilepsy.
32 For students who are blind or visually impaired, deaf or hearing impaired, who have disruptive
behaviors, or who have limited English proficiency, the IEP team has certain additional considerations, and
for all students, the IEP team must consider the appropriateness of assistive technology. 34 C.F.R. 300.324.
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